MCRI No. 6 Amdt 1

Military Compensation Scheme

Safety, Rehabilitation and Compensation Act 1988 (the SRC Act)

SUBJECT

1. CHANGE OF CONTACTS FOR REQUESTS FOR DETAILS OF POSSIBLE EXPOSURE TO IONIZING RADIATION AS A RESULT OF THE BRITISH ATOMIC WEAPONS TESTS IN AUSTRALIA IN THE 1950s AND 1960s, AND

• CHANGE OF ADMINISTRATIVE ARRANGEMENTS RELATING TO “SPECIAL” CATEGORY CLAIMS FOR COMPENSATION CONSIDERED BY THE MCRS, THAT IS, CLAIMS ATTRIBUTED TO:

1. EXPOSURE TO ASBESTOS,
2. EXPOSURE TO IONIZING RADIATION,
3. THE HMAS VOYAGER/HMAS MELBOURNE COLLISION, AND
4. SEXUAL HARASSMENT OR SEXUAL ASSAULT.

Purpose

1.The purpose of the MCRI is to advise Delegates of changes in contact details for the Commonwealth Government agency which holds records relating to individuals' exposure to ionizing radiation at the time of the British Atomic Weapons Tests in Australia (the British Tests) in the 1950s and the 1960s.  This MCRI is also to inform Delegates of a change in procedures for handling claims in the “special” categories mentioned above.

Contact details for records of exposure to ionizing radiation

2.MCRI 6 (which was issued in August 2001) indicated that in all cases in which compensation is sought under the provisions of the SRC Act for the effects of alleged exposure to ionizing radiation as a result of the British Tests, advice should be sought from the Coal and Mineral Industries Division of the (then) Commonwealth Department of Industry, Science and Resources (DISR) in Canberra.  That Department previously held records relating to the Commonwealth personnel (including members of the Australian Defence Force (ADF)) who participated in the British Tests.  DISR was, in most cases, also able to provide information (via film badge or dosimeter records) regarding the likelihood of a particular participant's having been exposed to ionizing radiation as a result of the British Tests.

3.DISR also had responsibility for managing the Commonwealth's defence of “Maralinga” litigation and a number of other activities related to the British Tests, including administration of the Special Administrative Scheme and the Act of Grace Scheme (Delegates may care to refer to the relevant parts of the original MCRI 6 for details of those schemes).

4.Advice has recently been received from the Department of Industry Tourism and Resources (formerly DISR) that it no longer has responsibility for any records or activities relating to the British Tests.  Following the recent Federal election, all responsibility for these matters has been transferred to the Commonwealth Department of Education, Science and Training (DEST).

5.Delegates should therefore note that in all compensation cases in which it is necessary to obtain information about an ADF member's possible exposure to ionizing radiation due to participation in the British Tests, information should now be sought from DEST, rather than from DISR.

6.Any such enquiries should now be sent to the following address:

Ms Desley Porter

C/- Rehabilitation and Radioactive Waste Management Section

Science and Technology Policy Branch

Science Division

Department of Education, Science and Training

GPO Box 9880

CANBERRA CITY  ACT  2601

Alternatively, requests for information may be faxed to Ms Porter on (02) 6240 9184.

7.Ms Porter's office telephone number is (02) 6240 5068 and her e-mail address is desley.porter@dest.gov.au  Other contacts in Ms Porter's work area are:

Ms Caroline Perkins (Director of the Rehabilitation and Radioactive Waste Management Section) who can be contacted by telephone on (02) 6240 5904 or by e-mail at caroline.perkins@dest.gov.au and

Ms Stephen Irwin (Assistant Secretary of the Science and Technology Policy Branch who can be contacted by telephone on (02) 6240 5161 or by e-mail at stephen.irwin@dest.gov.au

Delegates should note that all such enquiries should, wherever possible, be directed to Ms Porter and that contact with Ms Perkins and Mr Irwin should be kept to a minimum.

8.It should be noted that any such requests for information need to be accompanied by a signed authority from the claimant permitting DEST to disclose relevant details.  The MCRS compensation claim form (D2020) which has been used by MCRS staff since December 2000 provides the necessary authorization at Part 10.  Delegates should ensure that a copy of that part of the claim form is sent to DEST either in the mail or by fax when details of information from DEST's records is sought.  Delegates should note in particular that if the claimant did not complete a form D2020, it will be necessary to obtain his/her written permission for DEST to disclose information before the request for information is sent to DEST.

Changed Administrative Practice relating to “Special” category claims (i.e., radiation, asbestos, HMAS Voyager/Melbourne, sexual harassment or abuse)

9.MCRI 6 indicated that a copy of the compensation claim form should be sent to the National Office of the MCRS in Canberra in relation to all cases of the types mentioned above.

10.It is now considered unnecessary for Delegates to continue that practice since correct recording of such cases with the appropriate “flags” in Defcare will ensure that statistical information regarding these special cases will be available to National Office staff if it is required (e.g., for a briefing for the Minister).

Amendment Action

11.Please place this instruction adjacent to MCRI 6 which was issued in August 2001.

12.Any enquiries concerning the information contained in this MCRI should be directed to Mr John M Vidler on (02) 6289 4851.

Mark Travers

Director

Policy and Procedures

15 February 2002