4AAMost injuries for members of the Defence Force no longer covered by this Act

4AA Most injuries for members of the Defence Force no longer covered by this Act

(1) For the purposes of this Act (other than this section), an employee is taken not to have suffered an injury, or an aggravation of an injury, if: (a) the employee is a member (within the meaning of the MRCA); and (b) the injury or aggravation is first suffered on or after the MRCA commencement date; and (c) the injury or aggravation arises out of, or in the course of, the employee’s employment as a member; and (d) the employment occurs either: (i) on or after the MRCA commencement date; or (ii) before, and on or after, the MRCA commencement date.

Note: After the MRCA commencement date, compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for such an injury or aggravation.

(2) An employee is taken not to have suffered an injury, being a disease, or an aggravation of a disease, if: (a) the employee is a member (within the meaning of the MRCA); and (b) the disease or aggravation is contracted on or after the MRCA commencement date; and (c) the disease or aggravation is contributed to in a material degree by the employee’s employment as a member; and (d) the employment occurs either: (i) on or after the MRCA commencement date; or (ii) before, and on or after, the MRCA commencement date.

Note: After the MRCA commencement date, compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for such a disease or aggravation.

(3) To avoid doubt, employment occurs, before, and on or after, the MRCA commencement date whether the employment spans the commencement date or occurs during separate periods before and on or after that date. (4) Subsection 7(4) does not apply in determining the day on which a disease is contracted or aggravated for the purposes of paragraph (2)(b).

6 At the end of subsection 5(2)

Add:

Note: However, members of the Defence Force with service after the MRCA commencement date might only be entitled to compensation under the MRCA and not this Act (see section 4AA and subsection 6A(2A) of this Act).

7 Subparagraph 5(6A)(a)(i)

After “Defence Force”, insert “before the MRCA commencement date”.

8 Subparagraph 5(6A)(a)(ii)

After “are”, insert “, before the MRCA commencement date,”.

9 Subparagraph 5(6A)(a)(iii)

After “training”, insert “, before the MRCA commencement date,”.

10 At the end of subsection 5(6A)

Add:

Note: Declarations in respect of these kinds of people can be made under the MRCA for service after the MRCA commencement date (see section 8 of the MRCA).