Compensation Following Death

Legislative Authority

Safety, Rehabilitation and Compensation Act 1988
Part II, Division 2

Stated Current Purpose/Intent

To compensate those who were wholly or partly dependent on members or former members of the Australian Defence Force (ADF) who have died as a result of an injury or disease related to service rendered between 1 December 1988 and 30 June 2004 inclusive.

Current Eligibility Criteria

The dependants of a member or former member of the ADF who dies as a result of an injury or disease for which the Commonwealth has been found to be liable to pay compensation, may be entitled to:

• Maximum lump sum compensation following death of $560,141.04 (comprising of payments under the SRCA and under the Defence Act 1903);
• a further lump sum of $81,858.18 for each dependent child is also payable under the Defence Act 1903; and
• a weekly payment under the SRCA of $138.72 for each wholly or mainly dependent child at date of death who is either under the age of 16 or under 25 and continuing in full-time education. (This is in addition to any superannuation benefits).
• Funeral expenses up to $11,267.70 are also payable.
• Financial advice of an amount up to $1,594.94 is provided to the family of a deceased member.

Notes

1. The above rates of payment are applicable as at 1 July 2014 and are indexed annually on 1 July.

Date of Introduction

1 December 1988

Original Purpose/Intent

To provide compensation for those dependent for economic support on an employee who dies in compensable circumstances.

Significant Changes in Criteria or Purpose Since Introduction

The original intent has not changed.