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11.5 Incapacity for injuries under 1971 Act and 1930 Act

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Chapter 1 sets out the overall legislative framework for the administration of military compensation. Delegates should be aware that the current Commonwealth workers compensation Act is the Safety, Rehabilitation and Compensation Act 1988 (SRCA).

There have been three earlier Commonwealth compensation Acts, prior to the enactment of the SRCA. Only two of these repealed Acts ever provided ADF members with weekly payments for incapacity for work. The relevant Acts are:

  • Commonwealth Employees Compensation Act 1930 (the '1930 Act') and
  • Compensation (Commonwealth Government Employees) Act 1971 ('1971 Act')

These Acts have now been repealed.

Part X of the SRCA therefore contains 'transitional provisions' which preserves entitlements to incapacity payments (among other benefits) for those injured under the 1930 and 1971 Acts, despite the repeal of those Acts. Thus, Section 124 of the SRCA deals both with current incapacity and pre-1988 periods of incapacity, for old-Act liability cases.

Subsection 124(1A) and Subsection 124(2) say:

124(1A) Subject to this Part, a person is entitled to compensation under this Act in respect of an injury, loss or damage suffered before the commencing day if compensation was, or would have been payable to the person in respect of that injury, loss or damage under the 1912 Act, the 1930 Act or the 1971 Act.

124(2) A person is not entitled to compensation under this Act in respect of an injury, loss or damage suffered before the commencing day if compensation was not payable in respect of that injury, loss or damage:

a)where the injury, loss or damage was suffered before the commencement of the 1930 Act – under the 1912 Act

b)where the injury, loss or damage was suffered after the commencement of the 1930 Act but before the commencement of the 1971 Act – under the 1930 Act as in force when the injury loss or damage was suffered, or

c)in any other case – under the 1971 Act as in force when the injury, loss or damage was suffered.

Furthermore, Subsection 124(7) says:

The rate of compensation (if any) that a person is, by virtue of this section, entitled to receive under Subsection 17(5) in respect of the death of an employee, or under Section 19, 20, 21, 22 or 31 in respect of an incapacity, where the compensation relates to a period occurring before the commencing day, shall be the same as the rate of compensation that would have been payable to that person in relation to that period, if this Act had not been enacted, under:

a)where the period occurred before the commencement of the 1930 Act – the 1912 Act

b)where the period occurred after the commencement of the 1930 Act but before the commencement of the 1971 Act – the 1930 Act as in force during the period

c)in any other case – the 1971 Act as in force during the period.

The combined effect of these subsections is as follows: