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13.1 What is a 'Former Employee'?

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'Former employee' is a special technical term with a particular, defined meaning for the SRCA. Note, that 'former employee' does not mean just any ex-member of the ADF.

Division 3 of Part X of the SRCA sets out special transitional provisions for weekly incapacity payments for certain employees who were incapacitated before the commencement of the SRCA on 1 December 1988. These special provisions apply only to 'former employees', as defined in S123:

'Former employee' means a person who, immediately before the commencing day, was receiving weekly payments of compensation under the 1971 Act in respect of an injury resulting in an incapacity and had ceased to be an employee within the meaning of that Act before that day.'