63.1 Overview

ADF members with certain types of service are precluded from compensation under the SRC Act because provision has been made for their compensation under the Veterans' Entitlements Act 1986 (VEA). In some cases, members may be able to elect between VEA and SRC Act coverage.

The relevant Subsections of the SRC Act are:

5(10) Subject to Subsections (10A), (10B) and (10C), this Act does not apply in relation to service of a member of the Defence Force in respect of which provision for the payment of pension is made by:

a)the Veterans' Entitlements Act 1986, or

b)the Papua New Guinea (Members of the Forces Benefits) Act 1957.

5(10A) Subsection (10) does not apply in relation to a veteran:

a)who has rendered operational service on or after the day on which the Military Compensation Act 1994 commences, and

b)for whom provision for the payment of pension in respect of service rendered by the person is made by Part II of the Veterans' Entitlement Act 1986.

5(10B) Subsection (10) does not apply in relation to a member of the Defence Force who has rendered service in respect of which provision for the payment of pension is made by Part IV of the Veterans' Entitlement Act 1986.

5(10C) Despite Subsection (10), this Act applies to a claim lodged before the commencement of this subsection for compensation in respect of an injury of a member of the Defence Force that arose out of, or in the course of, any service that:

a)the member rendered before 13 May 1997, but

b)only became on that day service in respect of which provision for the payment of pension is made by the Veterans' Entitlements Act 1986 (because of the amendments made to that Act by Part 1 or 8 of Schedule 1 to the Veterans' Affairs Legislation Amendments (Budget and Compensation Measures) Act 1997.