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

16   After Part 5

Insert:

Part 6 - Other application and transitional provisions relating to the Simplification Act

Division 1 - Preliminary

40 Definitions

In this Part:

asset means:

(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; or

(b) any right, power, privilege or immunity, whether actual, contingent or prospective.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

MRCC means the Military Rehabilitation and Compensation Commission that was established by section 361 of the old MRCA.

old DRCA means the DRCA as in force immediately before the date of commencement.

old MRCA means the MRCA as in force immediately before the date of commencement.

old VEA means the VEA as in force immediately before the date of commencement.

Division 2 - Transitional provisions relating to the Repatriation Commission

Subdivision A - Continuation of Commission

41 Commissioners

(1) This section applies to a person who was, immediately before the date of commencement, holding office as a commissioner because of an appointment under section 182 of the old VEA, other than a person who was holding office as the Deputy President of the Commission.

(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CA of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

Note: The person's remuneration will not be better than their remuneration as a commissioner under section 182 of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.

42 Acting Commissioners

(1) This section applies to a person who was appointed to act as a commissioner under section 191 of the old VEA if the appointment was in force immediately before the date of commencement.

(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CC of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

43 Cessation of appointment of Deputy President

(1) This section applies to a person who, immediately before the date of commencement, was holding office as a commissioner (because of an appointment under section 182 of the old VEA) and as the Deputy President of the Commission.

(2) The person ceases to hold those offices at the start of the date of commencement.

(3) Nothing in this section prevents the person being appointed to an office under the MRCA.

44 Staff

(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the Commission under section 196 of the old VEA.

(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Commission under section 360D of the MRCA.

(3) The repeal of section 196 of the old VEA does not affect the continuity of employment of the person.

45 Contractors

A person who, immediately before the date of commencement, was engaged by the Commission to perform services under paragraph 181(3)(d) of the old VEA is taken, on and after that date, to be engaged by the Commission under section 360DA of the MRCA on the same terms and conditions.

46 Delegations by the Commission

A delegation under section 213 of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 360DB(1) of the MRCA.

47 Commission annual reports

(1) This section applies to a report referred to in subsection 215(1) of the old VEA.

(2) Despite the repeal of section 215 of the old VEA by Schedule 4 to the Simplification Act, that section continues to apply in relation to the report for a financial year ending on or before 30 June 2026, as if that repeal had not happened.

Subdivision B - Other matters

48 Assets and liabilities of the Commission

Assets and liabilities of the Commission immediately before the date of commencement continue, on and after that date, to be assets and liabilities of Commission (without any conveyance, transfer or assignment).

49 Contributions made to Commission

(1) This section applies in relation to a contribution that:

(a) was accepted by the Commission under section 200 of the old VEA before the date of commencement; and

(b) had not been dealt with by the Commission under that section before that date.

(2) On and after the date of commencement, the contribution is taken to have been accepted, and must be dealt with, by the Commission under section 427A of the MRCA.

50 Continued effect of certain trust arrangements etc under the DRCA

(1) This section applies if, immediately before the date of commencement, money is held by the MRCC for the benefit of a person under section 110 of the old DRCA.

(2) On and after the date of commencement, the Commission is taken to have assumed the office of trustee of the money under subsection 432(2) of the MRCA.

(3) If:

(a) before the date of commencement, the money was invested in accordance with subsection 110(2) of the old DRCA; and

(b) immediately before that date, an arrangement for that investment is in force;

the arrangement has effect, on and after that date, as if it were an arrangement under paragraph 434(5)(a) of the MRCA.

(4) If:

(a) before the date of commencement, a direction mentioned in subsection 110(1) or (4) of the old DRCA was given in relation to the money, or the money as invested; and

(b) immediately before that date, the direction had not been revoked by the person who gave it;

then, despite sections 433 and 434 of the MRCA, the money, or the money as invested, must be dealt with, on or after that date, in accordance with the direction, unless the direction is revoked by person who gave it.

51 Continued effect of certain trust arrangements etc. under the VEA

(1) If an appointment to which section 201 of the old VEA applies:

(a) was accepted by the Commission before the date of commencement; and

(b) is in force immediately before that date;

the appointment continues to have effect, on and after that date, as if it were an appointment to which section 427B of the MRCA applies.

(2) An arrangement under paragraph 201(3C)(a) of the old VEA that is in force immediately before the date of commencement has effect, on and after that date, as if it were an arrangement under paragraph 427B(6)(a) of the MRCA.

(3) An instrument made under subsection 202(1) of the old VEA that is in force immediately before the date of commencement has effect, on and after that date, as if it were an instrument made under subsection 432(2) of the MRCA.

(4) An arrangement under paragraph 202A(5)(a) of the old VEA that is in force immediately before the date of commencement has effect, on and after that date, as if it were an arrangement under paragraph 434(5)(a) of the MRCA.

52 Determinations by the Commission

(1) A determination under subsection 180A(2) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the determination had been made under subsection 120C(2) of the VEA.

(2) A determination under subsection 180A(3) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the determination had been made under subsection 120C(3) of the VEA.

53 Effect of things done by, or in relation to, the Commission

A thing done by, or in relation to, the Commission under a law of the Commonwealth before the date of commencement is not affected by the amendments made by Schedule 4 to the Simplification Act.

Division 3 - Transitional provisions relating to the MRCC

Subdivision A - Things done by or in relation to the MRCC

54 Members of the MRCC

(1) This section applies to a person who was, immediately before the date of commencement:

(a) holding office as a member of the MRCC because of an appointment under subsection 365(1) of the old MRCA; and

(b) a member of the MRCC described in subparagraph 364(1)(b)(ii) or (iii) of the old MRCA.

(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CA of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

Note: The person's remuneration will not be better than their remuneration as a member of the MRCC under section 365 of the old MRCA unless a higher level of remuneration is determined by the Remuneration Tribunal.

55 Acting members of the MRCC

(1) This section applies to a person who was appointed to act as a Commission member under section 367 of the old MRCA if the appointment was in force immediately before the date of commencement.

(2) The person is taken, on and after the date of commencement, to have been appointed under section 360CC of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

56 Cessation of appointment of certain members of the MRCC

(1) This section applies to a person who was, immediately before the date of commencement:

(a) holding office as a member of the MRCC (because of an appointment under 365(1) of the old MRCA); and

(b) a member of the MRCC described in subparagraph 364(1)(b)(i) of the old MRCA.

(2) The person ceases to hold that office at the start of the date of commencement.

57 Staff

(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the MRCC under section 382 of the old MRCA.

(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Commission under section 360D of the MRCA.

(3) The repeal of section 382 of the old MRCA does not affect the continuity of employment of the person.

58 Consultants

A person who, immediately before the date of commencement, was engaged by the MRCC as a consultant under section 383 of the old MRCA is taken, on and after that date, to be engaged by the Commission under section 360DA of the MRCA on the same terms and conditions.

59 Delegations by the MRCC

A delegation under section 384 of the old MRCA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 360DB(1) of the MRCA.

60 MRCC annual reports

(1) This section applies to the report referred to in section 385 of the old MRCA for the financial year ending on 30 June 2026.

(2) Despite the repeal of section 385 of the old MRCA by Schedule 4 to the Simplification Act, that section applies, on and after the date of commencement, in relation to the report as if it provided for the President (within the meaning of the MRCA) to give the Minister the report.

Subdivision B - Other matters

61 Assets and liabilities of the MRCC

(1) Assets and liabilities of the MRCC immediately before the date of commencement are, at the start of that date, transferred to the Commission.

(2) The Commission must make the arrangements necessary to give effect to the transfer.

62 Transfer of records

(1) This section applies to any records or documents that were in the possession of the MRCC immediately before the date of commencement.

(2) The records and documents are to be transferred to the Commission after that date.

63 Legal proceedings involving the MRCC

If, immediately before the date of commencement, the MRCC was a party to proceedings pending in any court or tribunal, the Commission is substituted for the MRCC as a party to the proceedings after that date.

64 Things done by, or in relation to, the MRCC

(1) If, before the date of commencement, a thing was done by, or in relation to, the MRCC, then the thing has effect, on and after that date, as if it had been done by, or in relation to, the Commission.

(2) The regulations may provide that subsection (1) does not apply in relation to a specified thing done by, or in relation to, the Commission.

65 References to the MRCC in instruments

(1) This section applies to an instrument if:

(a) the instrument is in force immediately before the date of commencement; and

(b) the instrument contains a reference to the MRCC.

(2) The instrument has effect, on and after the date of commencement, as if a reference in the instrument to the MRCC were a reference to the Commission.

(3) The regulations may provide that subsection (2) does not apply in relation to a specified instrument or a specified reference.

(4) This section does not prevent the instrument from being amended or repealed on or after the date of commencement.

(5) In this section:

instrument includes:

(a) a contract, deed, undertaking, arrangement or agreement; and

(b) a notice, authority, order or instruction; and

(c) an instrument made under an Act or regulation.

66 Compensation for acquisition of property

(1) If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the Court determines.

Division 4 - Transitional provisions relating to the Repatriation Medical Authority

Subdivision A - Continuance of the Authority

67 Members of the Authority

(1) This section applies to a person who, immediately before the date of commencement, was holding office as a member of the Authority under section 196L of the old VEA.

(2) The person is taken, on and after the date of commencement, to have been appointed under section 370DA of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

Note: The person's remuneration will not be better than their remuneration as a member of the Authority under section 196L of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.

68 Chair of the Authority

(1) This section applies to a person who, immediately before the date of commencement, was holding office as the Chairperson of the Authority under section 196L of the old VEA.

(2) The person is taken, on and after the date of commencement, to have been appointed as the Chair of the Authority under section 370DA of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

Note: The person's remuneration will not be better than their remuneration as the Chairperson of the Authority under section 196L of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.

69 Staff

(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the Authority under section 196T of the old VEA.

(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Authority under section 370E of the MRCA.

(3) The repeal of section 196T of the old VEA does not affect the continuity of employment of the person.

70 Consultants

A person who, immediately before the date of commencement, was engaged by the Authority as a consultant under section 196U of the old VEA is taken, on and after that date, to be engaged by the Authority under section 370EA of the MRCA on the same terms and conditions.

71 Delegations by the Chair

A delegation under subsection 196R(1) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 370EB(1) of the MRCA.

72 Authority annual reports

(1) This section applies to an annual report referred to in section 196UA of the old VEA.

(2) Despite the repeal of section 196UA of the old VEA bySchedule 5 to the Simplification Act, that section continues to apply in relation to the annual report for a financial year ending on or before 30 June 2026, as if that repeal had not happened.

Subdivision B - Other matters

73 Assets and liabilities of the Authority

Assets and liabilities of the Authority immediately before the date of commencement continue, on and after that date, to be assets and liabilities of the Authority (without any conveyance, transfer or assignment).

74 Statements of Principles

(1) A Statement of Principles determined under subsection 196B(2) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under section 370CB of the MRCA.

(2) A Statement of Principles determined under subsection 196B(3) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under section 370CC of the MRCA.

(3) A Statement of Principles determined under subsection 196B(11) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under subsection 370CN(1) of the MRCA.

(4) A Statement of Principles determined under subsection 196B(12) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if it had been determined under subsection 370CN(3) of the MRCA.

75 Requests for investigation by the Authority

(1) This section applies if:

(a) before the date of commencement, the Authority received a request under section 196E of the old VEA to:

(i) carry out an investigation in respect of a particular kind of injury, disease or death; or

(ii) review a decision of the Authority not to make a Statement of Principles; and

(b) immediately before that date, the Authority had not completed the investigation or reviewed the decision.

(2) The request has effect on and after the date of commencement as if it were a request made under section 370CH of the MRCA.

76 Directions by the Review Council

(1) This section applies if:

(a) before the date of commencement, the Authority was directed by the Review Council under subsection 196W(7) of the old VEA to carry out an investigation in respect of a particular kind of injury, disease or death; and

(b) immediately before that date, the Authority had not completed the investigation.

(2) The direction has effect, on and after the date of commencement, as if it had been given by the Review Council under subsection 380CA(2) of the MRCA.

77 Sending information to the Review Council

Despite the repeal of section 196K of the old VEA, that section continues to apply, on and after the date of commencement, in relation to notifications made to the Authority before that date, as if that repeal had not happened.

Division 5 - Transitional provisions relating to the Specialist Medical Review Council

Subdivision A - Continuance of the Review Council

78 Members of the Review Council

(1) This section applies to a person who, immediately before the date of commencement, was holding office as a member of the Review Council under section 196ZE of the old VEA.

(2) The person is taken, on and after the date of commencement, to have been appointed under section 380DA of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

Note: The person's remuneration will not be better than their remuneration as a member of the Review Council under section 196ZE of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.

79 Convener of the Review Council

(1) This section applies to a person who, immediately before the date of commencement, was holding office as the Convener of the Review Council under section 196ZE of the old VEA.

(2) The person is taken, on and after the date of commencement, to have been appointed as the Convener of the Review Council under subsection 380DA(2) of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that date; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that date.

Note: The person's remuneration will not be better than their remuneration as the Convener of the Review Council under section 196ZE of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.

80 Staff

(1) This section applies to a person who, immediately before the date of commencement, was engaged and made available to assist the Review Council under section 196ZM of the old VEA.

(2) The person is taken, on and after the date of commencement, to be engaged and made available to assist the Commission under section 380E of the MRCA.

(3) The repeal of section 196ZM of the old VEA does not affect the continuity of employment of the person.

81 Delegations by the Convener

A delegation under subsection 196ZK(4) of the old VEA that is in force immediately before the date of commencement continues in force (and may be dealt with), on and after that date, as if the delegation had been made under subsection 380EA(1) of the MRCA.

Subdivision B - Other matters

82 Assets and liabilities of the Review Council

Assets and liabilities of the Review Council immediately before the date of commencement continue, on and after that date, to be assets and liabilities of the Review Council (without any conveyance, transfer or assignment).

83 Requests for review of Statement of Principles by the Review Council

(1) This section applies if:

(a) before the date of commencement, the Review Council received a request under section 196Y of the old VEA to review:

(i) some or all of the contents of a Statement of Principles; or

(ii) a decision of the Repatriation Medical Authority not to make, or not to amend, a Statement of Principles; and

(b) immediately before that date, the Review Council had not reviewed the Statement of Principles or the decision.

(2) The request has effect, on and after the date of commencement, as if it were a request made under section 380CB of the MRCA.

84 Requests for review of decision by the Authority

(1) This section applies if:

(a) before the date of commencement, the Review Council received a request under section 196Z of the old VEA to review a decision by the Authority not to carry out an investigation in respect of a kind of injury, disease or death; and

(b) immediately before that date, the Review Council had not reviewed the decision.

(2) The request has effect, on and after the date of commencement, as if it were a request made under section 380CC of the MRCA.

85 Payment of medical and travel expenses

Division 4 of Part 3 of Chapter 9B of the MRCA applies in relation to expenses incurred by a person in connection with, or for the purposes of, a review by the Review Council, whether the review is conducted before, on or after the date of commencement.

86 Continued effect of regulations relating to medical and travel expenses

If:

(a) before the date of commencement, regulations were made for the purposes of a provision of the old VEA mentioned in column 1 of an item of the following table; and

(b) immediately before that date, the regulations are in force;

the regulations continue to have effect, on and after that date, as if they had been made for the purposes of the provision of the MRCA mentioned in column 2 of the item.

87 Directions about lodgement of requests and applications

(1) If a direction under section 196ZR of the old VEA as to the manner of lodging a request for the purposes of paragraph 196Y(3)(c) of the old VEA is in force immediately before the date of commencement, that manner of lodging a request is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CB(3)(b) of the MRCA.

(2) If a direction under section 196ZR of the old VEA as to the manner of lodging a request for the purposes of paragraph 196Z(2)(d) of the old VEA is in force immediately before the date of commencement, that manner of lodging a request is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CC(2)(c) of the MRCA.

(3) If a direction under section 196ZR of the old VEA as to the manner of lodging an application for the purposes of paragraph 196ZN(4)(d) of the old VEA is in force immediately before the date of commencement, that manner of lodging an application is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CF(4)(c) of the MRCA.

(4) If a direction under section 196ZR of the old VEA as to the manner of lodging an application for the purposes of paragraph 196ZO(5)(d) of the old VEA is in force immediately before the date of commencement, that manner of lodging an application is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CG(5)(c) of the MRCA.

(5) If a direction under section 196ZR of the old VEA as to the manner of lodging an application for the purposes of paragraph 196ZQ(5)(c) of the old VEA is in force immediately before the date of commencement, that manner of lodging an application is taken, on and after that date, to be a manner approved by the Convener of the Review Council for the purposes of paragraph 380CI(5)(c) of the MRCA.

Division 6 - Other application and transitional provisions

Subdivision A - Amendments made by Schedule 1

88 Effect of closing eligibility to DRCA on pending claims

(1) This section applies if:

(a) before the date of commencement, a claim was made under Part V of the old DRCA; and

(b) immediately before that date, the claim had not been finally determined.

(2) To avoid doubt, section 14AA of the DRCA, as inserted by Part 1 of Schedule 1 to the Simplification Act, does not affect the continued operation of other provisions of the DRCA, as in force on and after the date of commencement, in relation to the determination of that claim (including any reconsideration or review of a decision made in relation to that claim).

(3) This section is subject to sections 93 and 107 of this Act.

Note: Under sections 93 and 107 of this Act, certain pending claims made under the old DRCA are taken, on and after the date of commencement, to be claims for compensation made under section 319 of the MRCA.

89 Effect of closing eligibility to VEA on pending claims and applications

(1) This section applies if:

(a) before the date of commencement, a claim or an application was made under the VEA; and

(b) immediately before that date, the claim or application had not been finally determined; and

(c) the claim or application is of a kind that could not be made on or after that date because of the operation of section 12AA of the VEA, as inserted by Part 1 of Schedule 1 to the Simplification Act.

(2) To avoid doubt, section 12AA of the VEA does not affect the continued operation of other provisions of that Act, as in force on and after the date of commencement, in relation to the determination of the claim or application (including any reconsideration or review of a decision made in relation to that claim or application).

(3) This section is subject to sections 106, 110 and 112 of this Act.

Note: Under sections 106, 110 and 112 of this Act, certain pending claims and applications made under the old VEA are taken, on and after the date of commencement, to be claims for compensation made under section 319 of the MRCA or applications made under certain other provisions of the MRCA.

90 Bringing across certain instruments relating to pre-2004 operations

If:

(a) before the date of commencement, an instrument was made under, or for the purposes of, a provision of the VEA mentioned in column 1 of an item of the following table; and

(b) immediately before that date, the instrument is in force;

the instrument is taken to have been made, on that date, under the provision of the MRCA mentioned in column 2 of the item.

Note: The instruments continue in force for the purposes of the VEA.

91 Application provision - permanent impairment

The amendments of the MRCA made by Division 1 of Part 3 of Schedule 1 to the Simplification Act apply in relation to a claim for compensation that is made on or after the date of commencement.

92 Transfer of old DRCA incapacity compensation recipients to MRCA

(1) This section applies in relation to a person if, immediately before the date of commencement, compensation under section 19, 20, 21, 21A, 22 or 31 of the old DRCA is being paid to the person in respect of an injury or disease.

Continued application of old DRCA to weeks before transfer week

(2) Despite the amendments of the old DRCA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act, the old DRCA continues to apply, on and after the date of commencement, in relation to an amount of compensation payable to the person under section 19, 20, 21, 21A, 22 or 31 of the old DRCA for a week that ends before the transfer week starts, as if those amendments had not been made.

Application of MRCA to transfer week and later weeks

(3) For the transfer week and each later week:

(a) if the person is a Permanent Forces member or a continuous full-time Reservist for the week - section 85 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 85(1)(d) of that Act were omitted; and

(b) if the person is a part-time Reservist for the week - section 86 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 86(1)(e) of that Act were omitted; and

(c) if the person is a cadet or a declared member for the week - section 87 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 87(1)(e) of that Act were omitted; and

(d) if the person is a former member - subject to subsection (4) of this section, the following apply:

(i) section 118 of the MRCA has effect in relation to the person and the injury or disease as if paragraph 118(1)(d) of that Act were omitted;

(ii) sections 141, 144, 149, 154, 161, 164, 168 and 173 of the MRCA have effect in relation to the person and the injury or disease as if a reference to a compensable pay-related allowance included an allowance covered by the definition of A in subsection 8(1) of the old DRCA.

Note 1: Subsection (3) of this section means that the Commonwealth will be liable to pay compensation to the person under section 85, 86, 87 or 118 of the MRCA (as applicable) in respect of the injury or disease without the person needing to make a claim for compensation under section 319 of the MRCA.

Note 2: The Commission is taken to have accepted liability for the person's injury or disease, and the person's injury or disease is taken to be a service injury or a service disease, because of the operation of section 24A of the MRCA.

Continued application of old DRCA in relation to compensation where person maintained in a hospital

(4) If, immediately before the date of commencement, the person was receiving compensation under section 22 of the old DRCA:

(a) despite the repeal of that section by Division 2 of Part 3 of Schedule 1 to the Simplification Act, that section continues to apply, on and after that date, in relation to the person as if that repeal had not happened; and

(b) section 127 of the MRCA does not apply in relation to the person on or after that date unless the Commonwealth ceases to be liable to pay compensation under section 22 of the old DRCA to the person.

Meaning of transfer week

(5) In this section:

transfer week means the first week that starts on or after the date of commencement.

93 Pending claims for DRCA incapacity compensation

(1) This section applies if:

(a) before the date of commencement, a claim was made under the old DRCA for compensation under section 19, 20, 21, 21A, 22 or 31 of that Act; and

(b) immediately before that date, the claim had not been finally determined.

(2) The claim is taken, on and after the date of commencement, to be a claim for compensation made under section 319 of the MRCA.

94 References in certain instruments to employees receiving compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA

(1) This section applies to an instrument if:

(a) the instrument is in force under section 41B of the DRCA immediately before the date of commencement; and

(b) the instrument contains a reference to an employee who is receiving, or is eligible to receive, compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA.

(2) The instrument has effect, on and after the date of commencement, as if the reference to an employee who is receiving, or is eligible to receive, compensation under section 19, 20, 21, 21A, 22 or 31 of the DRCA were a reference to a person who is receiving compensation under the MRCA because of the operation of section 92 of this Act.

(3) This section does not prevent the instrument from being amended or repealed on or after the date of commencement.

95 Continued effect of acute support packages under the old DRCA

(1) This section applies if:

(a) before the date of commencement, a person was granted an acute support package under an instrument made for the purposes of section 41B of the old DRCA; and

(b) immediately before that date:

(i) the period during which assistance or benefits in the acute support package may be provided had not ended; and

(ii) the acute support package had not been revoked.

(2) The amendments of the old DRCA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act do not affect the continuity of the acute support package.

96 Application provision - section 30D of the VEA

The amendment of section 30D of the VEA made by Division 2 of Part 3 of Schedule 1 to the Simplification Act applies in relation to each day in a periodic payments period that occurs on or after the date of commencement, whether the period starts before, on or after that date.

97 Application provision - liability restrictions on tobacco use

The amendment of the MRCA made by Division 3 of Part 3 of Schedule 1 to the Simplification Act applies in relation to a claim that is made on or after the date of commencement.

98 Application provision - medical event on duty

(1) Paragraph 27(da) of the MRCA, as inserted by Division 4 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to a claim for acceptance of liability for an injury that is made on or after the date of commencement, regardless of when the injury was sustained.

(2) Paragraph 28(ea) of the MRCA, as inserted by Division 4 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to a claim for acceptance of liability for a death that is made on or after the date of commencement, regardless of when the death occurred.

(3) The amendments of sections 338 and 339 of the MRCA made by Division 4 of Part 3 of Schedule 1 to the Simplification Act apply in relation to a claim for acceptance of liability that is made on or after the date of commencement.

99 Application provision - posthumous permanent impairment payments

The amendments made by Division 5 of Part 3 of Schedule 1 to the Simplification Act apply in relation to compensation payable in respect of a person who dies on or after the date of commencement, whether the claim for compensation was made before, on or after that date.

100 Application provision - overpayments and debts

(1) The amendments of section 415 of the MRCA made by Division 6 of Part 3 of Schedule 1 to the Simplification Act apply, on and after the date of commencement, in relation to amounts paid, and amounts liable to be paid, before, on or after that date.

(2) The amendment of section 416 of the MRCA made by Division 6 of Part 3 of Schedule 1 to the Simplification Act applies in relation to a person who retires on or after the date of commencement.

(3) The amendments of sections 428 and 429 of the MRCA made by Division 6 of Part 3 of Schedule 1 to the Simplification Act apply, on and after the date of commencement, in relation to debts that become due to the Commonwealth before, on or after that date.

(4) Despite the repeal of sections 114A and 114B of the old DRCA by Division 6 of Part 3 of Schedule 1 to the Simplification Act, those sections continue to apply, on and after the date of commencement, in relation to a person who retires before that date, as if that repeal had not happened.

101 Application provision - common law damages

The amendment of the MRCA made by Division 8 of Part 3 of Schedule 1 to the Simplification Act applies in relation to an action or proceeding instituted on or after the date of commencement.

102 Application provision - information sharing

Sections 406 and 409 of the MRCA, as amended by Division 9 of Part 3 of Schedule 1 to the Simplification Act, and sections 407A, 407B and 409A of the MRCA, as inserted by that Division, apply in relation to the use and disclosure of information and documents on or after the date of commencement, whether the information or documents were obtained before, on or after that date.

103 Offsetting

(1) Section 388 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to an action brought on or after the date of commencement.

(2) Sections 390 and 391 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, apply in relation to a claim for damages made on or after the date of commencement.

(3) Sections 399, 401 and 402 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, apply in relation to damages recovered on or after the date of commencement.

(4) Section 403 of the MRCA, as amended by Division 10 of Part 3 of Schedule 1 to the Simplification Act, applies in relation to:

(a) an agreement to pay damages that is made on or after the date of commencement; and

(b) damages awarded on or after the date of commencement.

(5) If:

(a) on or after the date of commencement, a provision of Chapter 10 of the MRCA applies in relation to a particular case; and

(b) apart from this subsection, a relevant DRCA or VEA provision would also apply in relation to that particular case;

the relevant DRCA or VEA provision has no effect in relation to the particular case.

(6) In this section:

relevant DRCA or VEA provision means a provision of:

(a) Part IV of the DRCA; or

(b) Division 5A of Part II of the VEA; or

(c) Division 4 of Part IV of the VEA.

104 Bringing across rehabilitation programs under the DRCA and VEA

(1) This section applies if, immediately before the date of commencement, a person is undertaking a rehabilitation program (the old program ) under the old DRCA or the old VEA.

(2) On and after the date of commencement:

(a) the old program is taken to be an approved rehabilitation program for the purposes of the MRCA; and

(b) the person's rehabilitation authority for the purposes of the old DRCA or the old VEA is taken to be the person's rehabilitation authority for the purposes of the MRCA; and

(c) the person is taken to be a person to whom Part 2 of Chapter 3 of the MRCA applies.

Subdivision B - Amendments made by Schedule 2

105 Application provision - funeral compensation

(1) Subject to subsection (2), the amendments of the MRCA made by Division 1 of Part 1 of Schedule 2 to the Simplification Act, apply in relation to a claim for compensation that is made on or after the date of commencement, whether the claim relates to the funeral of a person who dies before, on or after that date.

(2) Section 268AA of the MRCA, as added by Division 1 of Part 1 of Schedule 2 to the Simplification Act, applies in relation to the funeral of a person who dies on or after the date of commencement.

106 Pending applications for VEA funeral benefits

(1) This section applies if:

(a) before the date of commencement, an application was made under the old VEA for funeral benefits under section 99 or 100 of that Act; and

(b) immediately before that date, the application had not been finally determined.

(2) The application is taken, on and after the date of commencement, to be a claim for compensation made under section 319 of the MRCA.

107 Pending claims for DRCA funeral expenses

(1) This section applies if:

(a) before the date of commencement, a claim was made under the old DRCA for compensation under section 18 of that Act; and

(b) immediately before that date, the application had not been finally determined.

(2) The claim is taken, on and after the date of commencement, to be a claim for compensation made under section 319 of the MRCA.

108 Decoration allowance

Despite the repeal of section 102 of the old VEA by Division 4 of Part 1 of Schedule 2 to the Simplification Act, that section continues to apply, on and after the date of commencement, in relation to a pension period (within the meaning of the old VEA) that starts before that date and ends on or after that date, as if that repeal had not happened.

109 Transfer of old VEA prisoner of war recognition supplement recipients to MRCA

(1) This section applies in relation to a person if, immediately before the date of commencement, prisoner of war recognition supplement under Part VIB of the old VEA is being paid to the person.

Continued application of old VEA to fortnights before transfer fortnight

(2) Despite the amendments of the old VEA made by Division 5 of Part 1 of Schedule 2 to the Simplification Act, the old VEA continues to apply, in relation to an amount of prisoner of war recognition supplement payable to the person under Part VIB of that Act for a fortnight that ends before the transfer fortnight, as if those amendments had not been made.

Application of MRCA to transfer fortnight and later fortnights

(3) For the transfer fortnight and each later fortnight, Part 3 of Chapter 5AA of the MRCA has effect in relation to the person as if section 268AO were omitted.

Note: Subsection (3) means that the person is eligible for prisoner of war supplement under Part 3 of Chapter 5AA of the MRCA without the person needing to make a claim for compensation under section 319 of the MRCA.

Meaning of transfer fortnight

(4) In this section:

transfer fortnight means the fortnight that starts immediately after the end of the last pension period (within the meaning of the VEA) that ends before the date of commencement.

110 Pending claims for prisoner of war recognition supplement and prisoner of war compensation

(1) This section applies if:

(a) before the date of commencement, a claim was made under:

(i) Schedule 5 to the Social Security and Veterans' Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007 for a compensation payment under that Schedule; or

(ii) section 115Q of the old VEA for prisoner of war recognition supplement under Part VIB of that Act; or

(iii) section 7 of the Veterans' Entitlements (Clarke Review) Act 2004 for a compensation payment under Part 2 of that Act; or

(iv) section 6 of the Compensation (Japanese Internment) Act 2001 for a compensation payment under that Act; and

(b) immediately before that date, the claim had not been finally determined.

(2) The claim is taken, on and after the date of commencement, to be a claim for compensation made under section 319 of the MRCA.

111 Transfer of VEA Veterans' Children Education Scheme recipients to MRCA

(1) This section applies in relation to a person if, immediately before the date of commencement, the person is receiving a payment or other benefit under the VEA Veterans' Children Education Scheme.

(2) On and after the date of commencement:

(a) the scheme established under section 258 of the MRCA (the MRCA education scheme ) applies, with any necessary modifications, in relation to the person:

(i) as if the person were an eligible young person; and

(ii) as if the MRCA education scheme provided for the person to receive the same payments and other benefits as the person was receiving under the VEA Veterans' Children Education Scheme immediately before the date of commencement; and

(b) despite subsection 258(2) of the MRCA, a claim under section 319 in respect of the person is not required in order for the person to be provided with those same payments and other benefits.

(3) Subsection (2) does not prevent the Commission from varying or revoking the MRCA education scheme in accordance with section 258 of the MRCA, including the scheme as it applies to a person because of this section.

(4) In the section:

VEA Veterans' Children Education Scheme means the Veterans' Children Education Scheme in force under section 117 of the VEA immediately before the date of commencement.

112 Pending applications under Part VII of the old VEA

(1) This section applies if:

(a) before the date of commencement, an application was made under:

(i) section 116B of the old VEA; or

(ii) section 116CB of the old VEA; or

(iii) the Veterans' Children Education Scheme (within the meaning of the old VEA); and

(b) immediately before that date, the application had not been finally determined.

(2) The application is taken, on and after the date of commencement, to be:

(a) if subparagraph (1)(a)(i) applies - an application made under paragraph 257C(1)(a) of the MRCA; or

(b) if subparagraph (1)(a)(ii) applies - an application made under paragraph 257C(1)(b) of the MRCA; or

(c) if subparagraph (1)(a)(iii) applies - a claim for compensation made under section 319 of the MRCA.

113 Reviews under section 116D of the old VEA

Reviews under section 116D of the old VEA

(1) If:

(a) before the date of commencement, a request was made under section 116D of the old VEA for review of a decision; and

(b) immediately before that date, a decision on the review had not been made;

then, despite the repeal of section 116D and subsection 175(5) of the old VEA by Division 6 of Part 1 of Schedule 2 to the Simplification Act, those provisions continue to apply, on and after that date, in relation to the review as if those repeals had not happened.

Applications made under subsection 175(5) of the old VEA

(2) To avoid doubt, the repeal of subsection 175(5) of the old VEA by Division 6 of Part 1 of Schedule 2 to the Simplification Act does not affect any application made under that provision before the date of commencement.

114 Continued effect of certain determinations made under Part VII of the old VEA

If:

(a) before the date of commencement, a determination was made for the purposes of a provision of the old VEA mentioned in column 1 of an item of the following table; and

(b) immediately before that date, the determination is in force;

the determination continues to have effect, on and after that date, as if it has been made for the purposes of the provision of the MRCA mentioned in column 2 of the item.

115 Application provision - additional compensation for children of severely impaired veterans

The amendments of the MRCA made by Division 7 of Part 1 of Schedule 2 to the Simplification Act apply in relation to a claim for compensation that is made on or after the date of commencement.

116 Travel for treatment arrangements

(1) The amendments of the MRCA made by Division 1 of Part 2 of Schedule 2 to the Simplification Act apply in relation to a journey that starts on or after the date of commencement.

(2) Despite the repeal of subsections 16(6) to (9) and 144B(6) of the old DRCA made by Division 1 of Part 2 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to a journey that starts before that date.

(3) Despite the repeal of section 110, and the amendments of sections 111 and 112, of the old VEA made by Division 1 of Part 2 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to a journey that starts before that date.

117 All treatment to be provided under MRCA in certain circumstances

(1) This section applies if:

(a) apart from this section, at a time (the transfer time ) on or after the date of commencement, a person becomes entitled to be provided with treatment for a service injury or disease under Part 3 of Chapter 6 of the MRCA; and

(b) at that time, the person is eligible to be, or is being, provided with treatment under subsection 85(1) or (2) of the VEA for a separate war-caused or defence-caused injury or disease (within the meaning of that Act) (the VEA injury or disease ).

(2) At the transfer time:

(a) the person becomes entitled to be provided with treatment under Part 3 of Chapter 6 of the MRCA for the VEA injury or disease; and

(b) the person ceases to be eligible to be provided with treatment under subsection 85(1) or (2) of the VEA for that injury or disease.

(3) However, section 288A of the MRCA does not apply in respect of any treatment obtained for the VEA injury or disease before the transfer time.

118 Application provision - treatment arrangements

Despite the repeal of section 85B of the old VEA by Division 2 of Part 2 of Schedule 2 to the Simplification Act, that section continues to apply, on and after the date of commencement, in relation to treatment provided during a period that starts before that date and ends on or after that date, as if that repeal had not happened.

119 Application provision - presumptive liability

The amendments of the MRCA made by Part 3 of Schedule 2 to the Simplification Act apply in relation to a claim for acceptance of liability that is made on or after the date of commencement.

120 Application provision - additional disablement amount

The amendment of section 199 of the MRCA made by Part 4 of Schedule 2 to the Simplification Act applies in relation to a written offer of a choice that is made on or after the date of commencement.

Subdivision C - Amendments made by Schedule 6

121 Application provision - disability compensation cessation date

The amendments of the VEA made by Schedule 6 to the Simplification Act apply in relation to a pension period (within the meaning of the VEA) that starts on or after the date of commencement.

Subdivision D - Other matters

122 Transitional regulations

(1) The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Part to be prescribed by the regulations; or

(b) of a transitional nature (including any saving or application provisions) arising out of the enactment of the Simplification Act.

(2) Without limiting subsection (1), the regulations may provide a method of converting a lump sum amount into weekly amounts for the purpose of subsection 14A(2) of this Act.

(3) This Part does not limit the regulations that may be made for the purposes of subsection (1).