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20.12.3 Overseas residence and the SRCA


The SRCA places no specific restrictions on weekly incapacity payments to clients living overseas. Section 3 in fact says:

3 Subject to Section 117, this Act extends to all places outside Australia, including the external Territories

(Note: Section 117 relates to locally engaged overseas employees and is not relevant to DVA clients).

Section 120 is the only other SRCA section with a direct reference to overseas compensation clients. S120 requires any client in receipt of weekly payments for a cumulative period of three months prior to leaving Australia, to report the date of that departure i.e. not later than 7 days after the departure. Subsequently, after a period of three months' absence from Australia, the client must notify his/her overseas residential address. Penalties apply for defaulting on this responsibility.