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Military Rehabilitation and Compensation Act 2004
40Rule if rehabilitation authority for a person changes
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40 Rule if rehabilitation authority for a person changes
(1) This section applies if a person’s rehabilitation authority (the original rehabilitation authority) changes to another rehabilitation authority (the new rehabilitation authority) because of section 39.
(a) under subsection 44(2), the person requests the original rehabilitation authority to carry out an assessment of the person’s capacity for rehabilitation; and
(b) the rehabilitation authority changes before the assessment begins;
the person’s request is taken to have been made to the new rehabilitation authority.
(3) A determination of the original rehabilitation authority that is in force immediately before the rehabilitation authority changes has effect as a determination of the new rehabilitation authority. The new rehabilitation authority is responsible for giving effect to the determination.