8.12 Death Excludes Payment of Compensation under Ss40, 41 and 42
Sections 40(2), 41(13) and S42(11) prevent – in similar terms – payment of compensation under:
- S40 in respect of loss of sexual organs or capacity
- S41 in respect of facial disfigurement, and
- S42 in respect of total loss of the sense of taste or sense of smell,
if the member dies within three months after the date of injury.
Section 40(2) states:
40(2) This section does not apply in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Section 41(13) states:
41(13) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Section 42(11) states:
42(11) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Note that the sections quoted above would now only very rarely arise in practice, if ever, because the date of injury must have been before 1 December 1988 and the client's death must have occurred within 3 months of that injury (i.e. before 1 March 1989).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-8-permanent-impairment-under-1971-act/812-death-excludes-payment-compensation-under-ss40-41-and-42
8.12.1 The injury (or another injury sustained at the same time)
Sections 40(2), 41(13) and S42(11) prevent – in similar terms – payment of compensation under:
- S40 in respect of loss of sexual organs or capacity
- S41 in respect of facial disfigurement, and
- S42 in respect of total loss of the sense of taste or sense of smell,
if the member dies within three months after the date of injury.
Section 40(2) states:
40(2) This section does not apply in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Section 41(13) states:
41(13) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Section 42(11) states:
42(11) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Note that the sections quoted above would now only very rarely arise in practice, if ever, because the date of injury must have been before 1 December 1988 and the client's death must have occurred within 3 months of that injury (i.e. before 1 March 1989).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-8-permanent-impairment-under-1971-act/812-death-excludes-payment-compensation-under-ss40-41-and-42/8121-injury-or-another-injury-sustained-same-time
8.12.2 Within three months after the date of that injury
Sections 40(2), 41(13) and S42(11) prevent – in similar terms – payment of compensation under:
- S40 in respect of loss of sexual organs or capacity
- S41 in respect of facial disfigurement, and
- S42 in respect of total loss of the sense of taste or sense of smell,
if the member dies within three months after the date of injury.
Section 40(2) states:
40(2) This section does not apply in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Section 41(13) states:
41(13) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Section 42(11) states:
42(11) Compensation is not payable under this section in relation to an injury where that injury or another injury sustained at the same time results in the death of the employee within three months after the date of that injury or those injuries.
Note that the sections quoted above would now only very rarely arise in practice, if ever, because the date of injury must have been before 1 December 1988 and the client's death must have occurred within 3 months of that injury (i.e. before 1 March 1989).
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-8-permanent-impairment-under-1971-act/812-death-excludes-payment-compensation-under-ss40-41-and-42/8122-within-three-months-after-date-injury