4AAApplication of this Act

4AA Application of this Act

(1) This Act applies (subject to Part X) in relation to an injury that is not an ailment, or an aggravation of an injury that is not an ailment, suffered by an employee if: (a) the injury or aggravation arises out of, or in the course of, the employee’s employment as a member of the Defence Force; and (b) the employment occurred: (i) on or after the commencement of section 3 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and (ii) before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.

Note 1: Comcare and the Safety, Rehabilitation and Compensation Commission do not have any liability in respect of injuries, losses, damage or deaths that relate to defence service (see section 4AA of the Safety, Rehabilitation and Compensation Act 1988).

Note 2: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for an injury or aggravation that relates to employment that occurred after the MRCA commencement date.

Note 3: See also subsection 6A(2A) (injury arising out of or in the course of employment—extended operation).

Note 4: The Safety, Rehabilitation and Compensation Act 1988 (which previously covered members of the Defence Force) was originally called the Commonwealth Employees’ Rehabilitation and Compensation Act 1988.

(2) This Act applies (subject to Part X) in relation to an ailment, or an aggravation of an ailment, suffered by an employee if: (a) the ailment or aggravation is contributed to, to a significant degree, by the employee’s employment as a member of the Defence Force; and (b) the employment occurred: (i) on or after the commencement of section 3 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and (ii) before the MRCA commencement date (which was 1 July 2004), but not before and on or after, the MRCA commencement date.

Note: Compensation for members of the Defence Force is provided under the MRCA (instead of this Act) for an ailment or aggravation that relates to employment that occurred after the MRCA commencement date.

(3) This Act applies (subject to Part X) in relation to loss of, or damage to, property used by an employee if: (a) the loss or damage resulted from an accident that arose out of, and in the course of, the employee’s employment as a member of the Defence Force; and (b) the employment occurred: (i) on or after the commencement of section 3 of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 (which was 1 December 1988); and (ii) before the MRCA commencement date (which was 1 July 2004).