Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 4   Merging commissions

Military Rehabilitation and Compensation Act 2004

30   Section 432

Repeal the section, substitute:

432 Trustees for persons entitled to compensation etc.

(1) This section applies if:

(a) a person who is entitled to be paid any of the following is under a legal disability:

(i) compensation under Chapter 3, 4, 5 or 6;

(ii) compensation under the DRCA;

(iii) a pension or allowance under the VEA;

(iv) a veteran payment (within the meaning of the VEA); or

(b) if such a person is under 18 - there is no person who has the primary responsibility for the daily care of that person.

(2) The Commission may, in writing:

(a) appoint the Commonwealth, or any other person, to be the trustee of the payments; or

(b) itself assume the office of trustee of the payments.

Note: Section 433 sets out the powers of the trustee.

(3) The Commission may, in writing, revoke:

(a) the appointment of a trustee; or

(b) the assumption by the Commission of the office of trustee.

(4) If the Commission revokes the appointment of a trustee:

(a) the Commission may, in writing:

(i) appoint a new trustee; or

(ii) itself assume the office of trustee; and

(b) the trust funds vest in:

(i) if subparagraph (a)(i) applies - the new trustee; or

(ii) if subparagraph (a)(ii) applies - the Commission.

(5) If the Commission revokes the assumption by the Commission of the office of trustee:

(a) the Commission may, in writing, appoint a new trustee; and

(b) the trust funds vest in the new trustee.

(6) If the Commission:

(a) revokes the appointment of a trustee and does not exercise its powers under paragraph (4)(a); or

(b) revokes the assumption by the Commission of the office of trustee and does not exercise its powers under paragraph (5)(a);

the trust is terminated.