3.4.5.3 Physical and Sexual Assault Streamlining Policy

Serious physical and sexual assault within the ADF has been the subject of multiple inquiries and investigations and has been a prominent feature in two Royal Commissions.

Commissions have approved an expansion of streamlining policy where delegates can accept victim payments from ADF redress and reparations schemes as evidence that abuse took place for the purposes of a DVA initial liability claim and be satisfied that the required Statement of Principles (SOP) factor(s) are met for 18 conditions for victims with any relevant redress-scheme payment related to abuse in the ADF, and are met for an additional five conditions for victims with a top-tier redress scheme payment.

Any redress payment received by the claimant related to abuse in the ADF will be taken as evidence that, as a minimum, a service-related ‘Category 2 stressor’ (being subject to bullying, harassment or difficulties in the work environment) has occurred.

Where a veteran has received a Category 4 DART payment, a Tier 1 Defence Force Ombudsman payment, or a maximum National Redress Scheme payment (payments made for the ‘worst forms of abuse’), claims relating to abuse will be streamlined on the basis of a ‘Category 1A stressor’ (being subject to a serious physical attack or assault including rape and sexual molestation) having occurred.

It will still be a requirement that the delegate must be satisfied about the diagnosis of the condition and whether its onset within the timeframe required following the abuse within the relevant SOP for the condition.

This approach takes an existing acknowledgement of abuse by Defence and utilises this as evidence to enable claims to be accepted.

The streamlining policy for these conditions simply requires the Delegate to be satisfied that:

• the veteran has a confirmed diagnosis of a relevant condition, and
• the condition has onset within relevant timeframes after the abuse, and
• (for category 2 stressor conditions) the veteran has received any level of redress payment from:
  • the Defence Abuse Response Taskforce (DART), or
  • the Defence Force Ombudsman (DFO) Reparation Scheme, or
  • the National Redress Scheme in relation to abuse in the ADF. 
• Or, (for 1A stressor conditions, in addition to category 2 stressor conditions) the veteran has received a highest level of redress or reparation payment under the schemes ($45,000-50,000 for DART and DFO, $150,000 for National Redress Scheme)

The conditions approved for inclusion in this streamlining policy are conditions with Category 2 and Category 1A stressor factors.

Category 2 stressor conditions

The relevant Category 2 stressor conditions (streamlined if any ADF abuse reparation payment received) are:

* = RH Only would only be able to be accepted if the abuse occurred on or as a result of declared operational or qualifying service. 

^ = clinical worsening would only be able to be accepted if the veteran already had the condition prior to the abuse and there was a demonstrable worsening of the condition beyond its normal progression.

Category 1A stressor conditions

The defined Category 1A stressor conditions (streamlined if top-tier DART, DFO or National Redress Scheme Payments are received) are:

* = also a Category 2 stressor condition

For more information see: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse 

If streamlining is not applicable, the usual supports in place for victims of abuse such as the statutory declaration policy, cases being managed through the Specialised Case Team and access to social worker support will apply.