5.8.4 NEL Table B4 - Loss of Expectation of Life
A score out of three is given under Table B4 and then combined with the scores derived from Tables B1, B2 and B3 using the combined value calculation in Table B5.
5.2.1 Compensation for Permanent Impairment
Section 24 of DRCA
Section 24(1) provides that a member who is injured in compensable circumstances is entitled to lump-sum compensation in respect of any permanent impairment which results from that injury:
s24(1) Where an injury to an employee results in a permanent impairment, the Commonwealth is liable to pay compensation to the employee in respect of the injury.
3.2 Impairment
Impairments must be caused by accepted injuries to be compensable. Section 4 of the DRCA defines an 'impairment' as:
- the loss, the loss of the use, or the damage or malfunction, of any part of the body or of any bodily system or function or part of such system or function.
The Guide to the Assessment of the Degree of Permanent Impairment 2023 (the DRCA PI Guide) is used to assess Defence-related claims. The DRCA PI Guide expands on the definition of impairment in the 'Principals of Assessment' to include:
5.3.13 Miscellaneous - Table 13
The relevant tables in Table 13 are:
3.3.2 Liaison with the ADF unit and Defence Community Organisation
Delegates should initiate all requests for documents and other information through DVA's Single Access Mechanism (SAM) team. In cases of death it may then be appropriate to directly deal with those areas of the ADF dealing with the member's case. Generally the ADF will appoint a liaison officer and the delegate should deal with them and the Defence Community Organisation (DCO) in respect to the welfare of the deceased's dependants.
1.3 For S17 SRCA and ADB: the date of death is significant, not date of injury
The Death benefits payable under both the SRCA and the Defence Act are indexed annually, whereas. the rates of death benefits payable in respect of deaths under former Acts are not indexed (they cannot be indexed as the Acts are now repealed.)
The date of the death of the member or former member therefore determines the maximum amount which is payable, irrespective of when the claim was determined.
1.11 What is a 'Dependant'?
Section 4(1) defines 'dependant' as follows:
'Dependant' in relation to a deceased employee, means:
a)the spouse, parent, step-parent, father-in-law, mother-in-law, grandparent, child, stepchild, grandchild, sibling or half-sibling of the employee, or
b)a person in relation to whom the employee stood in the position of a parent or who stood in the position of a parent to the employee,
being a person who was wholly or partly dependent on the employee at the date of the employee's death.
1.22 What is a 'Spouse' for the purposes of the Additional Death Benefit (ADB)?
The Defence Determination 2009/70 states:
'Spouse' has the same meaning as in the Safety, Rehabilitation and Compensation Act 1988.
Note: This meaning includes a de facto partner (whether of the same sex or a different sex).
9.12 Commonwealth may take over Proceedings Against Third Parties (S50)
Section 50 of the SRCA applies to claims for an employee's death in cases when a third party may have legal liability to pay damages for that death AND
50(1)(c)...a claim against the person for the purpose of recovering such damages has not been made by...the dependant, or , having been made, has not been prosecuted:
4.5.1 No Economic Dependants
Where a person can be described by one of the categories of familial relationships specified in the definition of 'dependant' at s(4)1, but nevertheless can not demonstrate economic dependence on the deceased, that person can not be a 'dependant'. Nothing is payable under S17 of the SRCA to such a person. Read also 1.10 of this chapter, as this also deals with this topic.