Chapter 48 - Summary of compensation recovery provisions following successful common law action

The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) contains provisions preventing a veteran, or dependant, from being compensated from more than one source for the same injury, disease or death.

Since the repeal of both the 1930 and 1971 Act, possible entitlements will be determined in accordance with the transitional provisions of the DRCA in relation to claims for which there was, or would have been, liability to pay compensation under those Acts where the entitlement arose before 1 December 1988. Any entitlements which arise on or after 1 December 1988 are determined in accordance with the relevant provisions of the DRCA.

The following table sets out a quick reference guide of the effect of a payment of common law damages. It shows:

whether compensation payments made under DRCA (or predecessors) prior to successful common law damages are recoverable by the Commonwealth, and
whether compensation under DRCA (or predecessors) is payable following payment of common law damages.

Act	Type of damages recovered	Effect on compensation paid before damages payment	Effect on future entitlement to compensation
1930 Act	From an action against the Commonwealth	Deducted from the damages award	No further compensation payable
1930 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
DRCA	From an action against the Commonwealth, solely for non-economic loss (section 45 common law actions)	No recovery. Note that a person cannot make an election under section 45 and pursue an action for non-economic loss against the Commonwealth when permanent impairment compensation under sections 24, 25 and 27 has already been paid for the injury or disease	Payable other than permanent impairment compensation under sections 24, 25 and 27 for the injury or disease
	From an action against the Commonwealth, for both economic and non-economic loss	Recoverable by the Commonwealth	No further compensation payable
	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	No further compensation payable

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/general-handbook/chapter-48-summary-compensation-recovery-provisions-following-successful-common-law-action

Last amended

Wed, 18/12/2024 - 12:00pm

Recovery of damages under DRCA

The following table sets out a quick reference guide of the effect of a payment of common law damages. It shows:

whether compensation payments made under DRCA (or predecessors) prior to successful common law damages are recoverable by the Commonwealth, and
whether compensation under DRCA (or predecessors) is payable following payment of common law damages.

Act	Type of damages recovered	Effect on compensation paid before damages payment	Effect on future entitlement to compensation
1930 Act	From an action against the Commonwealth	Deducted from the damages award	No further compensation payable
1930 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
DRCA	From an action against the Commonwealth, solely for non-economic loss (section 45 common law actions)	No recovery. Note that a person cannot make an election under section 45 and pursue an action for non-economic loss against the Commonwealth when permanent impairment compensation under sections 24, 25 and 27 has already been paid for the injury or disease	Payable other than permanent impairment compensation under sections 24, 25 and 27 for the injury or disease
	From an action against the Commonwealth, for both economic and non-economic loss	Recoverable by the Commonwealth	No further compensation payable
	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	No further compensation payable

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/general-handbook/ch-48-recovery-damages/recovery-damages-under-drca

Defining 'same injury' for the purpose of the recovery provisions under DRCA

The following table sets out a quick reference guide of the effect of a payment of common law damages. It shows:

whether compensation payments made under DRCA (or predecessors) prior to successful common law damages are recoverable by the Commonwealth, and
whether compensation under DRCA (or predecessors) is payable following payment of common law damages.

Act	Type of damages recovered	Effect on compensation paid before damages payment	Effect on future entitlement to compensation
1930 Act	From an action against the Commonwealth	Deducted from the damages award	No further compensation payable
1930 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
DRCA	From an action against the Commonwealth, solely for non-economic loss (section 45 common law actions)	No recovery. Note that a person cannot make an election under section 45 and pursue an action for non-economic loss against the Commonwealth when permanent impairment compensation under sections 24, 25 and 27 has already been paid for the injury or disease	Payable other than permanent impairment compensation under sections 24, 25 and 27 for the injury or disease
	From an action against the Commonwealth, for both economic and non-economic loss	Recoverable by the Commonwealth	No further compensation payable
	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	No further compensation payable

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/general-handbook/ch-48-recovery-damages/defining-same-injury-purpose-recovery-provisions-under-drca

Settlement Deeds and other evidentiary requirements

The following table sets out a quick reference guide of the effect of a payment of common law damages. It shows:

whether compensation payments made under DRCA (or predecessors) prior to successful common law damages are recoverable by the Commonwealth, and
whether compensation under DRCA (or predecessors) is payable following payment of common law damages.

Act	Type of damages recovered	Effect on compensation paid before damages payment	Effect on future entitlement to compensation
1930 Act	From an action against the Commonwealth	Deducted from the damages award	No further compensation payable
1930 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
DRCA	From an action against the Commonwealth, solely for non-economic loss (section 45 common law actions)	No recovery. Note that a person cannot make an election under section 45 and pursue an action for non-economic loss against the Commonwealth when permanent impairment compensation under sections 24, 25 and 27 has already been paid for the injury or disease	Payable other than permanent impairment compensation under sections 24, 25 and 27 for the injury or disease
	From an action against the Commonwealth, for both economic and non-economic loss	Recoverable by the Commonwealth	No further compensation payable
	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	No further compensation payable

Recovery of damages under the 1971 and 1930 Acts

The following table sets out a quick reference guide of the effect of a payment of common law damages. It shows:

whether compensation payments made under DRCA (or predecessors) prior to successful common law damages are recoverable by the Commonwealth, and
whether compensation under DRCA (or predecessors) is payable following payment of common law damages.

Act	Type of damages recovered	Effect on compensation paid before damages payment	Effect on future entitlement to compensation
1930 Act	From an action against the Commonwealth	Deducted from the damages award	No further compensation payable
1930 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
1971 Act	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens.
DRCA	From an action against the Commonwealth, solely for non-economic loss (section 45 common law actions)	No recovery. Note that a person cannot make an election under section 45 and pursue an action for non-economic loss against the Commonwealth when permanent impairment compensation under sections 24, 25 and 27 has already been paid for the injury or disease	Payable other than permanent impairment compensation under sections 24, 25 and 27 for the injury or disease
	From an action against the Commonwealth, for both economic and non-economic loss	Recoverable by the Commonwealth	No further compensation payable
	From an action against a third party, other than the Commonwealth	Recoverable by the Commonwealth	No further compensation payable