Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)
Schedule 4 Merging commissions
Military Rehabilitation and Compensation Act 2004
23 Chapter 9
Repeal the Chapter, substitute:
Chapter 9 - Repatriation Commission
Part 1 - Simplified outline of this Chapter
360A Simplified outline of this Chapter
The Repatriation Commission is continued in existence under Part 2 of this Chapter. Part 2 also sets out the Commission's functions and powers. The Commission's functions and powers include the functions and powers of the former Military Rehabilitation and Compensation Commission.
Part 3 deals with the administration of the Commission, and includes provisions relating to Commissioners, acting Commissioners and meetings of the Commission.
Part 4 deals with staff, contractors, delegations of the Commission and the Commission's annual report.
Part 7 of the Acts Interpretation Act 1901 also has provisions that are relevant to Commissioners and acting Commissioners.
Part 2 - Establishment of Commission
360B Establishment
(1) The Repatriation Commission that was, immediately before the commencement of this section, in existence by virtue of the VEA, is continued in existence under the same name.
(2) The Commission:
(a) is a body corporate with perpetual succession; and
(b) must have a seal; and
(c) may acquire, hold and dispose of real and personal property; and
(d) may sue and be sued in its corporate name.
(3) Debts incurred by the Commission in the performance of its functions are, for all purposes, taken to be debts incurred by the Commonwealth.
360BA Application of the Public Governance, Performance and Accountability Act 2013 to the Commission
Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Commission is not a Commonwealth entity for the purposes of that Act and is taken to be part of the Department for those purposes.
Note: This means that the Commissioners are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013.
360BB Functions of the Commission
The functions of the Commission are:
(a) to make decisions and determinations under this Act, the DRCA and the VEA in relation to the following:
(i) acceptance of liability;
(ii) the payment or provision of compensation;
(iii) the provision of services for treatment and rehabilitation;
(iv) granting pensions, allowances and other benefits; and
(b) to minimise the duration and severity of service injuries and service diseases by arranging quickly under this Act for the rehabilitation of members and former members who suffered those injuries and diseases; and
(c) to otherwise arrange for the provision of treatment, rehabilitation and other services in accordance with this Act, the DRCA and the VEA; and
(d) to promote the return to suitable work (defence or civilian) by persons who suffered a service injury or service disease; and
(e) to promote research into:
(i) the health of members and former members; and
(ii) the prevention of injury and disease; and
(iii) the rehabilitation of persons from injury and disease; and
(f) to provide advice and information relating to the operation of this Act, the DRCA and the VEA to:
(i) the Minister; and
(ii) the Defence Minister; and
(iii) the Secretary of the Department; and
(iv) the Secretary of the Defence Department; and
(v) the Chief of the Defence Force;
either on request or on the Commission's own initiative; and
(g) such other functions as are conferred on the Commission by this or any other law of the Commonwealth.
360BC Powers of the Commission
(1) The Commission has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions.
(2) The Commission's powers include, but are not limited to, the following:
(a) the power to enter into contracts;
(b) the power to erect buildings and structures and carry out works;
(c) the power to do anything incidental to any of its functions.
Part 3 - Administration
Division 1 - Membership etc.
360C Membership
(1) The Commission consists of the following:
(a) the President of the Commission;
(b) one Commissioner who meets the requirements in subsection (3);
(c) one Commissioner who meets the requirements in subsection (5);
(d) one Commissioner who meets the requirements subsection (6);
(e) one Commissioner who meets the requirements in subsection (7);
(f) one Commissioner who meets the requirements in subsection (8);
(g) up to 3 other Commissioners.
(2) The President of the Commission must be the Secretary.
Repatriation Commissioner
(3) A person meets the requirements of this subsection if the Minister is satisfied that the person has been selected from lists submitted to the Minister in accordance with subsection (4).
(4) The Minister may, from time to time, request organisations representing veterans to submit to the Minister lists of names of persons from which the organisation concerned recommends that a selection be made of a person to serve as the Repatriation Commissioner.
Veteran Family Advocate Commissioner
(5) A person meets the requirements of this subsection if the Minister is satisfied the person will represent families of veterans.
Commissioner representing Comcare
(6) A person meets the requirements of this subsection if:
(a) the person is nominated by the SRC Minister; and
(b) the person is:
(i) the Chief Executive Officer of Comcare; or
(ii) a person described in subsection 89E(1) of the Safety, Rehabilitation and Compensation Act 1988; or
(iii) a person engaged under the Public Service Act 1999 and performing duties in the Department administered by the SRC Minister.
Commissioner representing the Commonwealth Superannuation Corporation
(7) A person meets the requirements of this subsection if:
(a) the person is nominated by the Minister administering the Governance of Australian Government Superannuation Schemes Act 2011; and
(b) the person is:
(i) a director of the Commonwealth Superannuation Corporation; or
(ii) a person engaged under the Public Service Act 1999 and performing duties in the Department administered by the Minister mentioned in paragraph (a).
Commissioner nominated by the Defence Minister
(8) A person meets the requirements of this subsection if:
(a) the person is nominated by the Defence Minister; and
(b) either of the following apply:
(i) the person is a Permanent Forces member;
(ii) the person is engaged under the Public Service Act 1999 and performing duties in the Defence Department.
360CA Appointment of Commissioners
The appointed Commissioners are to be appointed by the Governor-General, by written instrument.
Note: The appointed Commissioners are the Commissioners other than the President (see section 5).
360CB Period and basis of appointment
(1) An appointed Commissioner mentioned in paragraph 360C(1)(b) or (c) is to be appointed on a full-time basis.
(2) Each other appointed Commissioner is to be appointed on a part-time basis.
(3) An appointed Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: An appointed Commissioner may be reappointed (see section 33AA of the Acts Interpretation Act 1901).
360CC Acting appointments
Acting by operation of law
(1) The person acting as the Secretary is to act as the President:
(a) during a vacancy in the office of the President (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the President:
(i) is absent from duty; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For the appointment of a person to act as the Secretary, see section 61 of the Public Service Act 1999.
Acting appointments
(2) Subject to subsection (3), the Minister may, by written instrument, appoint a person to act as an appointed Commissioner:
(a) during a vacancy in the office of an appointed Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when an appointed Commissioner:
(i) is absent from duty; or
(ii) is suspended under section 360CJ; or
(iii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
(3) The Minister must not:
(a) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(b) unless the person meets the requirements in subsection 360C(3); or
(b) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(c) unless the person meets the requirements in subsection 360C(5); or
(c) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(d) unless the person meets the requirements in subsection 360C(6); or
(d) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(e) unless the person meets the requirements in subsection 360C(7); or
(e) appoint a person to act as a Commissioner mentioned in paragraph 360C(1)(f) unless the person meets the requirements in subsection 360C(8).
360CD Remuneration
President
(1) The President is not to be paid remuneration or allowances in the capacity of President.
(2) For the purpose of the payment of allowances to the Secretary, the Secretary's duties are taken to include the Secretary's duties as President.
Note: The President of the Commission must be the Secretary (see subsection 360C(2)).
Appointed Commissioners
(3) An appointed Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.
(4) An appointed Commissioner is to be paid the allowances that are prescribed by the regulations.
(5) Subsections (3) and (4) have effect subject to the Remuneration Tribunal Act 1973.
Note: Subsection 7(11) of the Remuneration Tribunal Act 1973 significantly limits the entitlement of certain appointed Commissioners to remuneration under this section, because it provides that generally a person who holds a Commonwealth office, or is employed by the Commonwealth, on a full-time basis is not entitled to remuneration for a part-time office.
360CE Leave of absence
(1) A full-time appointed Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant a full-time appointed Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The Minister may grant leave of absence to a part-time appointed Commissioner on the terms and conditions that the Minister determines.
360CF Other paid work
A full-time appointed Commissioner must not engage in paid work outside the duties of the Commissioner without the Minister's approval.
360CG Other terms and conditions
An appointed Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Governor-General.
360CH Resignation
(1) An appointed Commissioner may resign the Commissioner's appointment by giving the Governor-General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor-General or, if a later day is specified in the resignation, on that later day.
360CI Termination of appointment
(1) The Governor-General may terminate the appointment of an appointed Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of the Commissioner's office because of physical or mental incapacity.
(2) The Governor-General must terminate the appointment of an appointed Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Commissioner's creditors; or
(iv) makes an assignment of the Commissioner's remuneration for the benefit of the Commissioner's creditors; or
(b) in the case of a full-time appointed Commissioner - the Commissioner:
(i) engages, except with the approval of the Minister, in paid work outside the duties of the Commissioner's office (see section 360CF); or
(ii) is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner fails, without reasonable excuse, to comply with the Commissioner's obligations under:
(i) section 360CK (disclosure of interests); or
(ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
360CJ Suspension of appointment
(1) The Minister may suspend an appointed Commissioner from office:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of the Commissioner's office because of physical or mental incapacity.
(2) If the Minister suspends the appointment of a Commissioner, the Governor-General may, on the recommendation of the Minister:
(a) terminate the appointment of the Commissioner under subsection 360CI(1); or
(b) direct that the suspension of the Commissioner continue for such further period as the Governor-General specifies; or
(c) direct that the suspension of the Commissioner terminate.
(3) The suspension of a Commissioner from office under this section does not affect any entitlement of the Commissioner to be paid remuneration and allowances.
360CK Commissioner to disclose any interest in claims etc.
(1) This section applies to a Commissioner performing functions in relation to the following matters:
(a) a claim for acceptance of liability or for compensation that the Commission is considering or is to consider;
(b) a claim for acceptance of liability or for compensation that the Commission is reviewing or is to review;
(c) a decision relating to:
(i) acceptance of liability or for compensation; or
(ii) a claim for acceptance of liability or for compensation;
that the Commission is reviewing, is to review or is considering whether to review;
(d) a claim or application for a pension that the Commission is considering or is to consider;
(e) a pension that the Commission is reviewing or is to review;
(f) a decision relating to:
(i) a pension; or
(ii) a claim or application for a pension;
that the Commission is reviewing or is to review.
Note: This section does not apply to persons (other than Commissioners) to whom the Commission has delegated functions and powers under section 360DB. However other disclosure requirements may apply to such persons (for example, under the Public Service Act 1999 or in contractual terms and conditions).
(2) If the Commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the Commissioner's functions in relation to a matter mentioned in subsection (1), the Commissioner must disclose the interest to:
(a) the person making the claim, the applicant or the person receiving the pension (as the case requires); and
(b) the Minister.
(3) The disclosure must be made as soon as possible after the relevant facts have come to the Commissioner's knowledge.
(4) The Commissioner must not take part in the Commission's consideration or review of the matter, unless both of the following consent to the Commissioner doing so:
(a) the person making the claim, the applicant or the person receiving the pension (as the case requires);
(b) the Minister.
(5) If the Minister becomes aware that the Commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the Commissioner's functions in relation to the matter:
(a) if the Minister considers that the Commissioner should not take part, or should not continue to take part, in the consideration or review of the matter by the Commission - the Minister must give a direction to the Commissioner accordingly; or
(b) in any other case - the Minister must cause the interest of the Commissioner to be disclosed to the person making the claim, the applicant or the person receiving the pension (as the case requires).
(6) In this section:
compensation includes compensation under the DRCA.
pension means:
(a) a pension under Part II or IV of the VEA; or
(b) a service pension (within the meaning of the VEA); or
(c) an income support supplement (within the meaning of the VEA); or
(d) an allowance or other benefit under the VEA.
Division 2 - Procedures of the Commission
360CL Convening meetings
(1) The Commission must hold such meetings as are necessary for the efficient performance of its functions.
(2) The President:
(a) may convene a meeting at any time; and
(b) must convene a meeting within 30 days after receiving a written request to do so from a majority of Commissioners.
360CM Presiding at meetings
(1) The President must preside at all meetings at which the President is present.
(2) If the President is not present at a meeting, the Commissioners present must appoint one of themselves to preside.
360CN Quorum
(1) At a meeting of the Commission, a quorum is constituted by a majority of Commissioners.
(2) However, if:
(a) a Commissioner is required by:
(i) section 360CK (disclosure of interests); or
(ii) a direction given by the Minister under section 360CK; or
(iii) rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013;
not to be present during the deliberations, or to take part in any decision, of the Commission with respect to a particular matter; and
(b) when the Commissioner leaves the meeting concerned there is no longer a quorum present;
the remaining Commissioners at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
360CO Voting at meetings
(1) A question arising at a meeting of the Commission is to be determined by a majority of the votes of the Commissioners present and voting.
(2) The person presiding at a meeting of the Commission has a deliberative vote and, if the votes are equal, a casting vote.
360CP Conduct of meetings
The Commission may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which Commissioners may participate in meetings.
360CQ Minutes
The Commission must keep minutes of its meetings.
360CR Decisions without meetings
(1) The Commission is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the Commissioners entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Commission under subsection (2); and
(c) all the Commissioners were informed of the proposed decision, or reasonable efforts were made to inform all the Commissioners of the proposed decision.
(2) Subsection (1) applies only if the Commission:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which Commissioners are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a Commissioner is not entitled to vote on a proposed decision if the Commissioner would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Commission.
(4) The Commission must keep a record of decisions made in accordance with this section.
Part 4 - Other matters
360D Staff
(1) Any staff required to assist the Commission are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Secretary.
(2) When performing services for the Commission, the staff are subject to the directions of the Commission.
360DA Contractors
The Commission may engage persons under a written agreement to assist the Commission to perform or exercise the functions or powers of the Commission.
360DB Delegation by the Commission
(1) The Commission may, in writing, delegate all or any of its functions or powers (other than the Commission's power under subsection 6B(5) of this Act or subsection 69B(6) of the VEA) to:
(a) a Commissioner; or
(b) a member of the staff assisting the Commission; or
(c) a person engaged by the Commission under section 360DA.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Commission.
360DC Annual report
The Commission must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Commission's activities during the financial year.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.