Policy

A ‘Burn Pit’ is a term covering a waste disposal method used by military forces.  A burn pit is an open-air area usually comprising of a constructed hole in the ground that is used to burn solid, and sometimes liquid, waste on a large scale.  The burn pit provides a means of eliminating solid waste in a timely manner while maintaining operational security. 

Subsection 111(1)

If there is a will

Subsection 111(1) of the DRCA provides that if a veteran dies before a determined amount of permanent impairment compensation is paid to a veteran, the amount forms part of the veteran’s estate.  

Subsection 55(1)

Subsection 55(1) provides that where a person who is entitled to make a claim for compensation under DRCA dies without making a claim, a claim may be made by the person's personal representative.

Whilst personal representative is not defined in the DRCA, subsection 4(1) provides that:

• a reference in this Act to a claimant is, in relation to any time after the death of the claimant, a reference to his or her legal personal representative.

Personal representative

Section 48 deals with the effect of a payment of damages after 1 December 1988. However, the transitional provisions of the DRCA require that delegates be able to apply the relevant provisions of the Commonwealth Employees' Compensation Act 1930 (the 1930 Act) and the Compensation (Commonwealth Government Employees) Act 1971 (the 1971 Act) for injuries that are covered under those Acts.

Settlement Deeds

'Damages' are defined in section 4 of the DRCA to include any amount paid under a compromise or settlement of a claim for damages, whether or not legal proceedings have been instituted, but does not include an amount paid in respect of costs incurred in connection with the legal proceedings.

Any legal costs which are, or were, payable in relation to the action for damages, should be deducted from the total amount of damages awarded prior to any recovery action taking place.

The total impairment rating arrived at in Step 1 of GARP M is the impairment rating to be used to assess the following:

• Dependants of deceased members may be entitled to claim benefits under section 12 of MRCA,

• PI compensation threshold impairment points under sections 69, 70, 71, 72 and 75 of MRCA;

• Additional compensation for severe impairment under section 80 of MRCA,

• Compensation for the cost of financial advice under section 81 of MRCA,