Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)
Schedule 7 Application and transitional provisions
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
9 Before section 13
Insert:
12 Interactions between certain entitlements
Compensation for permanent impairment
(1) A person is not entitled to compensation under section 68 of the MRCA in respect of impairment suffered as a result of an injury sustained, or a disease contracted, by the person if the person:
(a) has received compensation in respect of that impairment under:
(i) section 24 or 25 of the DRCA; or
(ii) the 1912 Act, the 1930 Act or the 1971 Act; or
(b) is entitled to, and is receiving, a pension under Part II or IV of the VEA in respect of the impairment.
Note: This does not exclude the person from being entitled to additional compensation under section 71 of the MRCA in respect of additional impairment suffered as a result of a deterioration in the person's original injury or disease.
Compensation for incapacity
(2) A person is not entitled to compensation under Part 3 or 4 of Chapter 4 of the MRCA for a period in respect of incapacity resulting from an injury sustained, or a disease contracted, by the person if the person:
(a) has received compensation for that period in respect of that incapacity under:
(i) section 19, 20, 21, 21A, 22 or 31 of the DRCA, as in force immediately before the date of commencement; or
(ii) the 1912 Act, the 1930 Act or the 1971 Act; or
(b) is entitled to, and is receiving, a pension under Part II or IV of the VEA for that period in respect of that incapacity.
(3) A person is entitled to compensation under Part 3 or 4 of Chapter 4 of the MRCA for a period in respect of incapacity resulting from an injury sustained, or a disease contracted, by the person even if the person received compensation in respect of the same injury or disease for one or more other periods under section 19, 20, 21, 21A, 22 or 31 of the DRCA, as in force immediately before the date of commencement.
Note: See also section 92 of this Act in respect of persons who are being paid compensation for incapacity under section 19, 20, 21, 21A, 22 or 31 of the DRCA immediately before the date of commencement.
Compensation in respect of a person's death
(4) A person is not entitled to compensation under Part 2, 3 or 4 of Chapter 5 of the MRCA in respect of the death of another person if the first-mentioned person has received compensation in respect of the death under:
(a) section 17 of the DRCA; or
(b) the 1912 Act, the 1930 Act or the 1971 Act.
(5) A person is not entitled to compensation under Part 2, 3 or 4 of Chapter 5 of the MRCA (other than Division 6 of Part 3 of that Chapter) in respect of the death of another person if:
(a) the death occurred before the date of commencement; and
(b) the first-mentioned person is entitled to, and is receiving, a pension under section 13A of the VEA in respect of the death.
Note: Section 111 of this Act provides for the transfer of certain VEA Veterans' Children Education Scheme recipients to the scheme established under Division 6 of Part 3 of Chapter 5 of the MRCA.
(6) A person is not entitled to the lump sum amount mentioned in paragraph 234(1)(a) of the MRCA in respect of the death of another person if:
(a) the death occurs on or after the date of commencement; and
(b) the first-mentioned person is entitled to, and is receiving, a pension under section 13A of the VEA in respect of the death.
Compensation in respect of funeral expenses
(7) A person is not entitled to compensation under Part 5 of Chapter 5 of the MRCA in respect of the cost of a deceased member's funeral if:
(a) the person has received compensation in respect of the funeral under:
(i) section 18 of the DRCA; or
(ii) the 1912 Act, the 1930 Act or the 1971 Act; or
(b) a funeral benefit has been paid to the estate of the deceased member under section 98B of the VEA.
Compensation in respect of medical expenses etc.
(8) A person is not entitled to compensation under Part 4 of Chapter 6 of the MRCA in respect of the cost of treatment, or costs incurred in respect of a journey made to obtain treatment or in respect of accommodation required during such a journey, if the person has received compensation in respect of those costs under:
(a) section 16 of the DRCA; or
(b) the 1912 Act, the 1930 Act or the 1971 Act.
Provision of treatment
(9) A person is not entitled to be provided with treatment under Part 3 of Chapter 6 of the MRCA for an injury or disease for a period if the person is being provided with treatment under subsection 85(1) or (2) of the VEA for that injury or disease for that period.
Note: A person who is being provided with treatment under subsection 85(1) or (2) of the VEA for an injury or disease may become entitled to be provided with treatment under Part 3 of Chapter 6 of the MRCA for that injury or disease (see section 117 of this Act).