Policy | CLIK

4.7 Defence Abuse Reparation Scheme payments

Reparation Payments made by the Defence Abuse Response Taskforce (DART) under the Defence Abuse Reparation Scheme are not compensation payments. Receipt of a Reparation Payment does not require the recipient to waive any legal rights and does not affect her or his right to take other action or access other entitlements. Reparation Payments therefore have no impact on liability or compensation under the MRCA.

4.6 Payment of Private Insurance Benefits

Any payments received via settlement of private insurance matters will not affect a client’s entitlement to either permanent impairment or incapacity compensation under the MRCA and there is no requirement to “offset” these payments against any MRCA benefits (as occurs with payments for common law damages).

9.12 - Defence Abuse Reparation Scheme

The Defence Abuse Response Taskforce and the Defence Abuse Reparation Scheme

Defence Abuse Response Taskforce (DART)

The Defence Abuse Response Taskforce (DART) was established as part of the Australian Government's response to the DLA Piper Review

4.3.1 Interim Payment

4.3.1 Interim Payments

Section 25 of the DRCA authorises an interim payment of compensation for permanent impairment where:

8.11 Total Incapacity Excludes Payment of Compensation under S39

Section 39(14) prohibited the payment of lump-sum compensation under S39 of the 1971 Act while a member was totally incapacitated for work, or was likely to become totally incapacitated for work, as a result of the claimed injury.

There was no similar prohibition in respect of the other provisions for lump-sum payment under the 1971 Act, i.e. S40 (sexual impairment), S41 (facial disfigurement) and S42 (loss of the sense of taste or smell).

Section 39 stated:

5.2.3 Guide to the Assessment of the Degree of Permanent Impairment

Guide to the Assessment of the Degree of Permanent Impairment 2023 (DRCA PI Guide)

The DRCA PI Guide is a document prepared by the MRCC, and approved by the Minister, in accordance with section 28 of the DRCA. Its purpose is to provide an objective basis for the assessment of the amount of lump-sum compensation for permanent impairment and non-economic loss payable to an injured employees covered under the DRCA (i.e. defence personnel).

5.7.4 Reassessment of NEL scores given for an injury

An entitlement to a further NEL payment under section 27 may arise when the veteran’s degree of impairment has increased by the requisite degree.

When considering an entitlement to a further NEL payment in these circumstances, a veteran cannot be compensated more than the maximum amount in each table. This means that no score higher than 5 in each of the sections pain, suffering, mobility, social relationships, recreation and leisure activities, and, no score higher than 3 for other loss, can be determined for each separate injury.

5.7.1 Compensation for Non-Economic Loss

Key Points

3.5.2 Each injury must be assessed separately

Where an injury results in a PI and a veteran is entitled to compensation under section 24 of the DRCA, they are also entitled to a separate payment under section 27 of the DRCA for NEL suffered as a result of that injury. This principle is consistent with the High Court’s reasoning in Canute v Comcare [2006] HCA 47.

5.4.1 Combined Whole Person Impairment (CWPI)

The combined WPI (CWPI) is a percentage figure which is the result of the combination of two or more WPI ratings using the Table 14.1 - Combined Values Chart in Chapter 14 of the DRCA PI Guide.