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  • Ch 3 Liability
  • 3.4 Investigating a Claim

3.4 Investigating a Claim

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In this section

  • 3.4.1 Parameters of a claim
  • 3.4.2 Considering Liability where trauma occurred prior to 1 July 2004
  • 3.4.3 Establishing a diagnosis
  • 3.4.4 Establishing the clinical onset and/or worsening
  • 3.4.5 Applying streamlining procedures
  • 3.4.6 Propagation and SOPs
  • 3.4.7 Claims related to sexual and physical abuse
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Military Compensation MRCA Manuals and Resources Library

  • Policy Manual
    • Ch 3 Liability
      • 3.4 Investigating a Claim
        • 3.4.1 Parameters of a claim
        • 3.4.2 Considering Liability where trauma occurred prior to 1 July 2004
          • 3.4.2.1 How do the definitions under section 6(1)(d) & section 27 of the MRCA apply to the question of liability under the MRCA
          • 3.4.2.2 Considering initial liability under MRCA for a disease contracted after 1 July 2004, where the applicable SoP factor occurred rendering defence service prior to 30 June 2004
          • 3.4.2.3 Liability under MRCA for ‘consequential conditions’ related to an injury accepted under SRCA or VEA
        • 3.4.3 Establishing a diagnosis
        • 3.4.4 Establishing the clinical onset and/or worsening
          • 3.4.4.1 Onset Considerations
        • 3.4.5 Applying streamlining procedures
          • 3.4.5.2 Sequelae streamlining policy
          • 3.4.5.1 Limited streamlining approach for Barotrauma claims
        • 3.4.6 Propagation and SOPs
        • 3.4.7 Claims related to sexual and physical abuse
          • 3.4.7.1 Understanding the Impacts of Abuse in the Military
          • 3.4.7.2 Understanding Abuse
          • 3.4.7.3 What promotes ongoing abuse in an organisation?
          • 3.4.7.4 Common barriers to disclosing abuse
          • 3.4.7.5 Understanding the impact of abuse
          • 3.4.7.6 How does abuse influence how a survivor may present when contacting DVA?
      • 3.0 Overview
      • 3.1 Definitions
        • 3.1.1 Defence service
        • 3.1.2 Declared Member Determinations
        • 3.1.3 Non-Warlike Service Determinations
        • 3.1.4 Warlike Service Determinations
        • 3.1.5 Injury, disease and death
      • 3.2 Heads of Liability
        • 3.2.1 Service injury, service disease and service death
        • 3.2.2 'Rendering defence service'
        • 3.2.3 'Occurrence'
        • 3.2.4 'Arose out of or was attributable to service'
        • 3.2.5 'But for changes in the person's environment consequent upon rendering defence service'
        • 3.2.6 Travelling to or from duty
        • 3.2.7 Aggravation
        • 3.2.8 Material contribution
        • 3.2.9 Death from service injury or service disease
        • 3.2.10 Injury, disease or death arising from treatment provided by the Commonwealth
        • 3.2.11 Aggravations of service-related conditions
      • 3.3 The Statements of Principles (SOPs)
        • 3.3.1 Primacy of SOP regime
        • 3.3.2 Background
        • 3.3.3 The role of the RMA
      • 3.5 Determining a Claim
        • 3.5.1 Assessing the evidence
        • 3.5.2 Applying the correct standard of proof
        • 3.5.3 Reasonable hypothesis (RH) cases
        • 3.5.4 Balance of probabilities (BOP) cases
        • 3.5.5 Relationship to service
        • 3.5.6 Reasons for decision
      • 3.6 Exclusions
        • 3.6.1 Serious default or wilful act
        • 3.6.2 Serious breach of discipline
        • 3.6.3 Intentionally self-inflicted
        • 3.6.4 Serious and permanent impairment
        • 3.6.5 Reasonable and appropriate counselling about performance
        • 3.6.6 Wilful and false representation
        • 3.6.7 Exclusions relating to travel
        • 3.6.8 Exclusion relating to use of tobacco products
    • Ch 1 Introduction
      • 1.1 Purpose of the MRCA
        • 1.1.1 Commencement
        • 1.1.2 Governance and Administration of the MRCA
        • 1.1.3 DVA Structure
      • 1.2 Persons Covered by this Act
        • 1.2.1 Categories of Service
      • 1.3 Delegation
      • 1.4 Dealing with Clients
      • 1.6 Medicare and the MRCA
        • 1.6.1 Where to Lodge Notices and Obtain Further Information
      • 1.9 Other Legislation
        • 1.9.1 The Veterans' Entitlement Act 1986
        • 1.9.2 The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
        • 1.9.3 The Compensation (Commonwealth Government Employees) Act 1971
        • 1.9.4 The Commonwealth Employees Compensation Act 1930
        • 1.9.5 Determination 2000/1 under section 58B of the Defence Act 1903;
    • Ch 2 Claims
      • 2.1 Making a Claim
        • 2.1.1 What can be Claimed?
        • 2.1.2 Who can Lodge a Claim in relation to an injury or disease?
        • 2.1.3 Who can Lodge a Claim in relation to death?
        • 2.1.4 Claims after death of claimant
        • 2.1.5 No Time Limit on Claims
        • 2.1.6 How can Claims be Made?
        • 2.1.8 Claims for compensation
        • 2.1.9 Electronic Lodgement of Claims
        • 2.1.10 Acknowledging Claims
        • 2.1.11 Notification to Chief of the Defence Force of Claims made by Serving Members
        • 2.1.12 Collection of information from claimant
        • 2.1.13 Collection of information from third parties
        • 2.1.15 Privacy Act and the Department of Defence
        • 2.1.16 Release of Information on Public Safety Grounds
        • 2.1.20 Injury and 'Sequelae'
        • 2.1.21 Reviving Old Inactive Claims
      • 2.2 Determination of Claims
        • 2.2.1 Determinations Must be in Writing
        • 2.2.2 Applying the Appropriate Heads of Liability to a Determination of Liability
        • 2.2.3 Application of the Statements of Principles
        • 2.2.4 Repatriation Medical Authority Reviews
        • 2.2.5 MRCC Determination Overriding RMA's decision not to make or amend a SOP
        • 2.2.6 Standards of Proof for determining liability
        • 2.2.7 Standard of Proof applicable to other determinations made under MRCA
        • 2.2.8 MRCC not Bound by Technicalities
        • 2.2.9 Receipt of Private Insurance Benefits
      • 2.3 Needs Assessments
        • 2.3.1 Purpose of the Needs Assessment
        • 2.3.2 Claims for Compensation to be in writing
        • 2.3.3 Checklist of possible benefits
    • Ch 4 Liabilities Arising Apart from this Act
      • 4.1 Overview
      • 4.2 Common law action against the Commonwealth or a potentially liable member
        • 4.2.1 Restriction on action against the Commonwealth or a potentially liable member
        • 4.2.2 Action for damages against the Commonwealth or a potentially liable member for non-economic loss
        • 4.2.3 Action for damages related to a service death
        • 4.2.4 Notification of common law actions
      • 4.3 Liability of third parties and access to common law actions against a third party
        • 4.3.1 Notification of third party common law actions
        • 4.3.2 Entitlements affected by third party common law action
        • 4.3.3 MRCC instituting or taking over a common law action against a third party
        • 4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA
      • 4.4 Payment of damages to the Commonwealth
      • 4.5 Summary of the recovery and compensation provisions following a successful common law action
        • 4.5.1 Where a dependant successfully sues the Commonwealth in respect of a death
        • 4.5.2 Where a member sues the Commonwealth or a potentially liable member in respect to non-economic loss related to an injury or disease
        • 4.5.3 Where the MRCC takes over or institutes proceedings against a third party
        • 4.5.4 Where a person or a dependant recovers damages from a third party
      • 4.6 Payment of Private Insurance Benefits
      • 4.7 Defence Abuse Reparation Scheme payments
    • Ch 5 Permanent Impairment
      • 5.1 Overview
      • 5.2 Entitlement to Permanent Impairment Compensation
        • 5.2.1 Required Degrees of Impairment
        • 5.2.2 Aggravation
          • Aggravation of Signs and Symptoms s30
        • 5.2.3 Additional Permanent Impairment Compensation for Another Accepted Condition
        • 5.2.4 Additional Permanent Impairment Compensation for Deterioration
      • 5.3 When is an Impairment Likely to Continue Indefinitely?
        • 5.3.1 Have regard to
        • 5.3.2 The duration of the impairment
        • 5.3.3 The likelihood of improvement
        • 5.3.4 All reasonable rehabilitative treatment
        • 5.3.5 Any other relevant matters
      • 5.4 When is an Impairment Stable?
      • 5.5 Unreasonable Refusal to Medical Treatment, Examination or Rehabilitation Program
      • 5.6 Calculating Amount of PI Compensation Payable
        • 5.6.1 Initial Permanent Impairment Compensation Payment
        • 5.6.2 Additional PI Compensation Payment
        • 5.6.3. Age of medical evidence
        • 5.6.4 Reassessment of Tinnitus
      • 5.7 Date from which Permanent Impairment Compensation is Payable
        • 5.7.1 Initial Permanent Impairment Compensation Payment
        • 5.7.2 Additional Permanent Impairment Compensation Payment for a new condition
        • 5.7.3 Additional Permanent Impairment Compensation Payment for deterioration of accepted conditions
      • 5.8 Interim Permanent Impairment Compensation
        • 5.8.1 Eligibility criteria for interim permanent impairment payments
        • 5.8.2 Number of impairment points required for interim PI to be payable
        • 5.8.3 Amount of interim permanent impairment payable
        • 5.8.4 Determination of lifestyle rating where interim PI is payable
        • 5.8.5 Examples
        • 5.8.6 Recalculation of whole PI payment when interim condition stabilised
        • 5.8.7 Offering Interim Payments
        • 5.8.8 Worked Examples of Multiple Interim Payments - prior to 1 July 2013
      • 5.9 Deferrals
      • 5.10 Advising the Claimant
        • 5.10.1 PI claims and withdrawals
      • 5.11 Converting Weekly Amounts to Lump Sum
        • 5.11.1 Options for Conversion of Periodic Payments to Lump Sum
        • 5.11.2 Calculation of a Lump Sum Payment
        • 5.11.3 Electing a Lump Sum - Special Circumstances
        • 5.11.4 Payment of Lump Sum and when Interest Rates are Payable
      • 5.12 Additional Payment for Severe Impairment
      • 5.13 Financial and Legal Advice for Permanent Impairment Compensation Payments
      • 5.14 Claimants Instituting Action for Damages (Common Law Action)
      • 5.15 Payment of Private Insurance Benefits
      • 5.16 Determining Level of Impairment and Lifestyle Effects
        • 5.16.1 GARP M - The Approved Guide
        • 5.16.2 R&C ISH
        • 5.16.3 Lifestyle Ratings
        • 5.16.4 Self-Assessed Lifestyle Ratings
        • 5.16.5 Use of psychologists
      • 5.17 Additional benefits associated with permanent impairment payments
        • 5.17.1 Pensioner Education Supplement
        • 5.17.2 Energy Payments
      • 5.18 Payment Practices
    • Ch 6 Incapacity Payments
      • 6.6 Commonwealth Superannuation
    • Ch 7 Compensation for Death
      • 7.1 Death = High Priority Claim
      • 7.2 Need For Accuracy in Death Claims
        • 7.2.1 Voluntary Assisted Dying
      • 7.3 Death Certificates
      • 7.4 In what circumstances is compensation following death available?
        • 7.4.1 Section 12 requirements
      • 7.5 Who may be entitled to compensation following death under the MRCA?
        • 7.5.1 Criterion 1: Who can be a 'Dependant'?
        • 7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
      • 7.6 Need to claim compensation
        • 7.6.1 Late Claims for Compensation
        • 7.6.2 Claims by or on behalf of Deceased Dependant of Deceased member or former member
      • 7.7 Rate of Compensation Payments Payable to Dependants
      • 7.8 Compensation for Wholly Dependent Partners
        • 7.8.1 Who is a wholly dependent partner?
        • 7.8.2 Wholly Dependent Partner benefits
        • 7.8.3 Wholly Dependent Partner's payments
        • 7.8.4 Additional Compensation Following Death
        • 7.8.5 MRCA Supplement
        • 7.8.6 Clean Energy Supplement
        • 7.8.7 Gold card and MRCA Supplement
        • 7.8.8 To Whom is the compensation payable?
        • 7.8.9 Income Support Supplement
      • 7.9 Compensation for Eligible Young Persons
        • 7.9.1 Who is an Eligible Young Person?
        • 7.9.2 Lump Sum Compensation Payment to dependent eligible young persons
        • 7.9.3 Periodic Payments payable to dependent eligible young persons
        • 7.9.4 Gold card and MRCA Supplement
        • 7.9.5 Education Assistance
        • 7.9.6 Determining who is a dependent eligible young person and what compensation they are entitled to
        • 7.9.7 To whom is the compensation payable?
      • 7.10 Continuing Permanent Impairment and Incapacity etc payable to Wholly Dependent Partners and eligible young persons (Bereavement Payments)
      • 7.11 Compensation for Dependants other than Wholly Dependent Partners and Eligible Young Persons
        • 7.11.1 Lump Sum payable to 'Other Dependants'
      • 7.12 Other Compensation
        • 7.12.1 Compensation for Funeral Expenses
        • 7.12.2 Reimbursement of Medical Expenses of a Deceased Member
        • 7.12.3 Reimbursement of Transport Costs of the Body
      • 7.13 Compensation under the MRCA Where There are No Dependants
      • 7.14 Notification and Investigation of Death
        • 7.14.1 Notification of death and initial investigation
        • 7.14.2 ADF Accident/Incident Investigations
        • 7.14.3 Liaison With the ADF Unit and Defence Community Organisation
        • 7.14.4 Contact With the Partner/Dependants
      • 7.15 Claims by or on behalf of Deceased Member or Former Member
        • 7.15.1 Survival of Claims After Death of Claimant
        • 7.15.2 Survival of Right to Claim after Death
      • 7.16 Claims by Dependants
        • 7.16.1 Where the Death Results From an Accepted Condition
        • 7.16.2 Where Death has pre-dated or Forestalled Any Claim for Injury
      • 7.17 Taxation status of entitlements relating to death
      • 7.18 Centrelink Pensioner Education Supplement (PES)
      • 7.19 Claims Awaiting Coroner's Findings
    • Ch 8 Treatment for Injuries and Diseases
      • 8.1 Overview
      • 8.2 Treatment Pathways (sections 325 - 327)
        • 8.2.1 Moving a person between Treatment Pathways
        • 8.2.2 When a decision under section 327 is not required
      • 8.3 Treatment Pathway 1
        • 8.3.1 Reasonable Reimbursement
        • 8.3.2 Reasonable Pricing of Approved Medications
      • 8.4 Treatment Pathway 2
        • 8.4.1 Legislative Instruments
        • 8.4.2 MRCA Supplement
        • 8.4.3 Community Nursing Services
        • 8.4.4 Aids and Appliances
        • 8.4.5 Residential care for MRCA treatment card holders
        • 8.4.6 Treatment for eligible dependants
        • 8.4.7 Overseas Travel Vaccinations for Gold Card Holders
      • 8.5 Transferring the cost of treatment from the ADF to DVA
      • 8.6 Treatment and Service Provision for Severely Injured ADF Clients and Transitioning ADF Clients
      • 8.7 Other Provisions
        • 8.7.1 Treatment available under the VEA for eligible MRCA persons
        • 8.7.2 Travel provisions to attend treatment
        • 8.7.3 Transitional provisions for treatment
        • 8.7.4 Interaction between treatment and rehabilitation
        • 8.7.5 Delegations
        • 8.7.6 Reconsideration and Review of Treatment
        • 8.7.7 Access to treatment overseas
      • 8.8 CADET
      • 8.9 Summary
    • Ch 9 Other Benefits under the Military Rehabilitation and Compensation Act 2004
      • 9.1 Compensation for travel and accommodation costs reasonably required or incurred under the Military Rehabilitation and Compensation Act 2004 (MRCA)
        • 9.1.1 Travel and/or accommodation costs reasonably incurred to attend a rehabilitation assessment or medical examination arranged by the MRCC
        • 9.1.2 Travel and/or accommodation costs reasonably incurred to attend treatment
        • 9.1.3 Transportation costs incurred by another person
        • 9.1.4 Travel costs associated with a rehabilitation program
        • 9.1.5 Travel and/or accommodation in order to attend or collect medical evidence for a hearing of the Veterans' Review Board
      • 9.2 Household and Attendant Care services Overview
      • 9.3 What is MRCA Supplement
        • 9.3.1 Who is eligible for MRCA Supplement?
        • 9.3.2 When MRCA Supplement may not be payable
        • 9.3.4 Wholly Dependent Partners (WDPs) and Eligible Young Persons (EYPs)
        • 9.3.5 Summary
      • 9.4 Motor Vehicle Compensation Scheme (MVCS)
      • 9.5 Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS)
      • 9.6 Clean Energy Payments
    • Ch 11 Overpayments & Miscellaneous Items
      • 11.0 Overview
      • 11.1 Indexation (Part 1)
        • 11.1.1 Overview of Statutory Increases
        • 11.1.2 Indexation of Pensions and Allowances
        • 11.1.3 Indexation Timetable
      • 11.2 Authority to obtain, maintain and disclose information including Tax File Number (TFN) (Part 2)
        • 11.2.1 Power to obtain information
        • 11.2.2 Commission may obtain information etc.
        • 11.2.3 Self-incrimination
        • 11.2.4 Offence for selling etc. goods provided under this Act without consent
        • 11.2.5 Giving information
        • 11.2.6 Judicial notice to be taken of certain matters
        • 11.2.7 Evidence
        • 11.2.8 Providing tax file numbers
        • 11.2.9 How to satisfy the request under section 412
        • 11.2.10 Compensation when request is not satisfied initially
      • 11.3 MRCA and DRCA Overpayment Policy
        • 11.3.1 Introduction
        • 11.3.2 Recovery
          • 11.3.2.1 The principles of recovery
          • 11.3.2.2 Limits on recovery
          • 11.3.2.3 Preferred methods of recovery
          • 11.3.2.4 Penalties for enforcing recovery
          • 11.3.2.5 Alternative methods of recovery
          • 11.3.2.6 Anomalous situations
        • 11.3.3 Write off
        • 11.3.4 Waiver
      • 11.4 Appropriation (Part 4)
      • 11.5 Special assistance (Part 5)
      • 11.6 General (Part 6)
      • 11.7 Miscellaneous items
        • 11.7.1 Payment into bank account etc.
        • 11.7.2 Payments at person's request
        • 11.7.3 Trustees for persons entitled to compensation
        • 11.7.4 Powers of the trustee generally
        • 11.7.5 Powers of Commonwealth etc. trustee to invest trust funds and Powers of investment for non-Commonwealth trustee
        • 11.7.6 Provisions applicable on death of person
        • 11.7.7 Amounts of compensation
        • 11.7.8 Service chiefs' delegation
        • 11.7.9 Regulations re modifications to Chapter 2 Parts 3 and 4 of Chapter4,
        • 11.7.10 The making of Regulations under the MRCA
    • Ch 12 Transitional Provisions
      • 12.1 Overview
      • 12.2 Liability
      • 12.3 Claims for Clinical Onset
        • 12.3.1 Condition occurred on or after 1 July 2004
        • 12.3.2 Condition relates to service on or after the 1 July 2004
        • 12.3.3 Claim Forms
      • 12.4 Claims for Aggravations
      • 12.5 Aggravation of SRCA Conditions
        • 12.5.1 Aggravation occurred on or after 1 July 2004
        • 12.5.2 Aggravation relates to service on or after 1 July 2004
        • 12.5.3 Recurrence of SRCA Conditions
        • 12.5.4 Claim for Clinical Onset and Aggravation
      • 12.6 Aggravation of VEA Conditions by MRCA Service
        • 12.6.1 Aggravation occurred on or after 1 July 2004
      • 12.7 Transitional Provisions - Permanent Impairment
        • 12.7.1 Chapter 25 of GARP M
          • 12.7.1.1 Methodology to apply to transitional cases where the claim for PI is made before 1 July 2013
          • 12.7.1.2 Methodology to apply to transitional cases where the date of effect of the PI is on or after 1 July 2013
          • 12.7.1.3 Reference table to assist in determining which methodology applies for claims received during the transition period
          • 12.7.1.4 Conversion of SRCA lump sums
          • 12.7.1.5 Conversion of VEA DCP amounts from date of PI claim to date of determination
          • 12.7.1.6 Taking account of previous PI lump sum payments and/or current MRCA periodic PI payments
          • 12.7.1.7 Determination of compensation factor
          • 12.7.1.8 Interim Transitional cases
          • 12.7.1.9 Resting Joint Pain and Disfigurement & Social Impairment in transitional claims
        • 12.7.2 Total Impairment Rating
        • 12.7.3 Permanent Impairment Compensation Threshold
        • 12.7.4 Impairments of the Fingers, the Toes, the Sense of Taste and Smell, and Hearing Loss
        • 12.7.5 Assessment of VEA and/or SRCA Condition
        • 12.7.6 Use of VEA MIA forms for MRCA PI purposes
        • 12.7.7 Use of DRCA SMR questionnaire for MRCA claims
        • 12.7.8 SRCA conditions yet to stabilise
        • 12.7.9 VEA conditions yet to stabilise
        • 12.7.10 Inclusion of DRCA/VEA conditions where no PI/DCP has been paid
        • 12.7.11 Reconsiderations, reviews, and appeals
      • 12.8 Treatment
        • 12.8.1 Travel for treatment
        • 12.8.2 Treatment under the SRCA and the MRCA
        • 12.8.3 Treatment under the SRCA and MRCA Gold Repatriation Health Card
        • 12.8.4 White Card Repatriation Health Card Treatment under the VEA and the MRCA
        • 12.8.5 Gold Card Repatriation Health Card Treatment under the VEA and the MRCA
        • 12.8.6 Alterations, aids and appliances
      • 12.9 Rehabilitation
    • Ch 13 Special Rate Disability Pension
      • 13.1 What is Special Rate Disability Pension (SRDP)
      • 13.02 Investigating eligibility for Special Rate Disability Pension
      • 13.03 Choice to receive Special Rate Disability Pension
      • 13.04 Determination that the Commonwealth is liable to pay Special Rate Disability Pension
      • 13.05 Ongoing Management of SRDP cases
      • 13.06 Ceasing to meet the criteria for Special Rate Disability Pension
      • 13.08 Other benefits of being eligible for Special Rate Disability Pension
      • 13.07 Offsets
      • 13.09 Invalidity Service Pension
      • 13.10 Case studies
      • 13.11 Posthumous SRDP and compensation for dependents
      • 13.12 Ceasing payments when a person is imprisoned after conviction of an offence
  • Incapacity Policy Manual
    • 1. Legislation and Definitions
      • 1.1 Legislation
      • 1.2 What is incapacity for work?
      • 1.3 Scenarios where compensation may be payable
    • 2. Investigating Entitlement to Incapacity Payments
      • 2.1 Format of an incapacity claim
      • 2.2 No payment without liability
      • 2.3 Standard of Proof
      • 2.4 Claim must be determined in writing
      • 2.5 Power to request information
      • 2.6 Medical certificates
      • 2.7 Medical discharges and ADF Medical Boards
      • 2.8 Incapacity payments for periods of medical treatment
      • 2.9 Incapacity payments to attend medical appointments (that are not treatment) is not payable
      • 2.10 Two or more conditions, all potentially totally incapacitating
      • 2.11 Where several conditions combine to produce incapacity
      • 2.12 Incapacity overtaken or removed by a later injury
      • 2.13 Dual eligibility under the VEA and DRCA or MRCA
      • 2.14 Aggravations
      • 2.15 Voluntary discharge/Retirements to prevent further injuries
      • 2.16 Incapacity payments when a person is not in employment
      • 2.17 Retrospective periods (arrears) of incapacity
      • 2.18 ‘Top-up’ payments
      • 2.19 Overseas residence
      • 2.20 Incapacity payments and rehabilitation
      • 2.21 Payments when a person is entitled to incapacity payments but the final amount payable is under investigation - interim payments
      • 2.22 Payment when a person accesses Leave Without Pay (LWOP)
    • 3. General Provisions to Calculate Normal Weekly Earnings (NWE) or Normal Earnings (NE)
      • 3.1 Service giving rise to injury
      • 3.2 Legislation
      • 3.3 Maximum and minimum compensation rates
      • 3.4 Amounts excluded from NWE and NE
      • 3.5 Adjustments to NWE and NE
      • 3.6 Allowances
      • 3.7 NWE/NE calculation period
      • 3.8 NWE in relation to 'transitional' (i.e. pre-SRCA) cases
      • 3.9 Types of service
    • 4. DRCA Only - Statutory Minimum Earnings Rate
    • 5. Method of Calculating NE/NWE by Service Type
      • 5.1 SRCA - Person who is still serving – quick reference table
      • 5.2 SRCA - Service giving rise to injury is Permanent Forces (PF) or Continuous Full-Time Service (CFTS)
      • 5.3 DRCA - Service giving rise to injury is Part-time Reserve
      • 5.4 MRCA - Person who is still serving – quick reference table & Service giving rise to injury is Part-Time Reserve
      • 5.5 MRCA - Service giving rise to injury is Permanent Forces (PF) or Continuous Full-Time Service (CFTS) - Currently in PF or CFTS – Section 91
      • 5.6 MRCA - Service giving rise to injury is Permanent Forces (PF) - Currently in Reserve service – Section 104
      • 5.7 MRCA - Service giving rise to injury is CFTS - Currently in part-time Reserve service – section 109 or S111-114
      • 5.8 SRCA - Person who has discharged – quick reference table
      • 5.9 DRCA - Service giving rise to injury is Permanent Forces (PF) or Continuous Full-Time Service (CFTS)
      • 5.10 SRCA - Service giving rise to injury is Part-time Reserves – Employed or has employable skills
      • 5.11 SRCA - Service giving rise to injury is Part-time Reserves – not employed and no employable skills
      • 5.12 MRCA - Person who has discharged – quick reference table
      • 5.13 MRCA - Service giving rise to injury is Permanent Forces (PF) – Section 141 & 164
      • 5.14 MRCA - Service giving rise to injury is Continuous Full-time Service (CFTS) – Section 144 or 147-149 & Section 168 or 170-173)
      • 5.15 MRCA - Service giving rise to injury is Part-time Reserves – Engaged in civilian work - Section 154-155
      • 5.16 MRCA - Service giving rise to injury is Part-time Reserves – Not engaged in civilian work - Section 161
      • 5.17 Calculating Earnings from Self-employment
    • 6. Cadets and Declared Members
    • 7. Maximum Rate Weeks, Hours Used in Calculations and Part Week Calculations
      • 7.1 Legislation
      • 7.10 Commencement of a week
      • 7.11 Compensation for Part of a week or day
      • 7.2 When a person is continuously incapacitated
      • 7.3 Calculating maximum rate (compensation) weeks
      • 7.4 Payments received in service
      • 7.5 Calculation of maximum rate (compensation) weeks for Reserve Force members
      • 7.6 Compensation during a week when the maximum rate week period ceases
      • 7.7 Person has been incapacitated for a cumulative period exceeding 45 weeks
      • 7.8 Normal Weekly Hours
      • 7.9 Actual hours used in calculations
    • 8. Ability to Earn and Actual Earnings
      • 8.1 'AE' – DRCA
      • 8.2 Actual Earnings – MRCA
      • 8.3 Indexation of AE (including deemed AE)
      • 8.4 AE when a person is actually in employment
      • 8.5 Fluctuating Earnings
      • 8.6 Self-employment
      • 8.7 Earnings from commissions
      • 8.8 Earnings from advance payments
      • 8.9 Continuing payments and AE while a person is on pregnancy/maternity leave
      • 8.10 Paid Leave
      • 8.11 Sick Leave
      • 8.12 Salary Sacrifice
      • 8.13 Scholarships
      • 8.14 Voluntary Work
      • 8.15 Private Insurance Benefits
      • 8.16 Person Receives a Bonus
      • 8.17 Redundancy/severance payments
      • 8.18 Deeming AE when a person is not in employment or is underemployed
      • 8.19 Application of deemed AE to a new period of incapacity
    • 9. Superannuation
      • 9.1 Legislation
      • 9.2 Reducing incapacity payments by superannuation benefits
      • 9.3 Key dates affecting treatment of superannuation benefits and incapacity benefits
      • 9.4 Employer Benefit or Employee Benefit?
      • 9.5 Defence Force Retirement and Death Benefits Scheme (DFRDB)
      • 9.6 Military Superannuation and Benefits Scheme
      • 9.7 ADF Super and ADF Cover
      • 9.8 Reducing incapacity payments by superannuation benefits that have been ‘received’
      • 9.9 Preservation age
      • 9.10 Notional Superannuation Contributions ('SC' amount) - DRCA only
      • 9.11 Reducing incapacity payments by superannuation benefits when a person has multiple periods of service (and multiple sources of superannuation)
    • 10. Taxation on Incapacity Payments
      • 10.1 Warlike and non-warlike service
      • 10.2 Reserve earnings
      • 10.3 Redemptions
      • 10.4 Lump sum arrears of incapacity payments and recovery of VEA/Centrelink/internal debt
    • 11. Reduction, Suspension and Cessation of Incapacity Payments
      • 11.1 Reduction of payments when a person is maintained in hospital
      • 11.2 Suspension of benefits
      • 11.3 Ceasing payments when a person is imprisoned after conviction of an offence
      • 11.4 Ceasing incapacity payments at Age Pension age
      • 11.5 Conversion of small amounts of compensation to a lump sum payment/redemptions
    • 12. SRCA only - Compensation Under the 1930 or 1971 Act
    • 13. SRCA only - Former Members
  • 6.5.2 Initial Incapacity Claim
  • Actuary Tables Used For Age Adjusting Lump Sum Payments
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made on or before 15 January 2010
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made after 15 January 2010 and before 4 May 2015
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made on or after 1 March 2021
    • Conversion factors - permanent impairment periodic payments to lump sums where the election for lump sum is made on or after 4 May 2015
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is on or before 15 January 2010.
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is after 15 January 2010 and before 4 May 2015
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is on or after 4 May 2015
    • Age-adjustment of wholly dependent partners' lump sum additional compensation following death where the date of the member's death is on or before 15 January 2010
    • Age-adjustment of wholly dependent partners' lump sum additional compensation following death where the date of the member's death is after 15 January 2010 and before 4 May 2015
    • Age-adjustment of wholly dependent partners' lump sum additional compensation following death where the date of the member's death is on or after 4 May 2015
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount on or before 15 January 2010
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount after 15 January 2010 and before 4 May 2015
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount on or after 4 May 2015
    • Conversion of a lump sum payment made under the SRCA to a weekly amount
    • Converting wholly dependent partners' weekly compensation following death periodic payments to a lump sum where the date of the member's death is on or after 1 March 2021
    • Partner’s age-based number under s234(2) of the MRC Act of the MRCA where the date of the member’s death is on or after 1 March 2021
    • Conversion of Commonwealth-funded portion of lump sum superannuation to a weekly amount on or after 1 March 2021
  • Rehabilitation Guidelines
  • (Historical Reference) Policy Instructions
    • No. 1 Prioritisation of Claims under the MRCA
    • No. 2 Indexation of MRCA Compensation Rates Effective From 1 JULY 2005
    • No. 3 Guide to Determining Impairment and Compensation (GARP)
    • No. 4 Voluntary Work and its Impact on Incapacity Payments under the SRCA and MRCA
    • No. 5 Determining which Act applies to persons with service before, and on or after, 1 July 2004
    • No. 5A Letters received from clients or their representatives insisting a determination be made under the SRCA in cases where MRCA service has contributed to the injury or disease
    • No. 6 Lodgement of MRCA Claims and Other Documents at Places and in the Manner Approved Under Section 323
    • No. 7 Rehabilitation
    • No. 8 MRCA Clearances with Centrelink and Repatriation Commission and Deducting Debt's from MRCA Arrears
    • No. 9 Approved Forms for Claims Under the Military Rehabilitation and Compensation Act 2004
    • No. 10 Delegates have the discretion to make interim incapacity payments at the Federal Minimum Wage (FMW) rate under the Military Rehabilitation and Compensation Act 2004 (MRCA)
    • No. 11 Treatment Paths
    • No. 12 Determination of Liability for Aggravation
    • No. 13 Indexation of MRCA Compensation Rates Effective from 1 July 2006
    • No. 14 MRCA - Section 10 Determinations for part-time Reservists and cadets who are unlikely to return to defence service
    • No. 15 MRCA Treatment Paths
    • No. 16 Bringing across impairment suffered as a result of conditions accepted under the Veterans' Entitlements Act 1986 or the Safety, Rehabilitation and Compensation Act 1988 for the purposes of the Military Rehabilitation and Compensation Act 2004
    • No. 17 Compensation for Funeral Expenses under Section 18 of the Safety, Rehabilitation and Compensation Act 1988
    • No. 18 Applying streamlining procedures
    • No. 19 Bereavement Compensation Payments under the Military Rehabilitation and Compensation Act 2004

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Information provided on this website is prepared by the Department of Veterans’ Affairs (DVA) for general information only and does not provide professional advice on a particular matter. This information reflects policy made by DVA and is used in the assessment of claims. It does not reflect the views or opinions of any other government body or authority.

While we make every effort to ensure that the information on this site is accurate and up to date we accept no responsibility whether expressed or implied for the accuracy, currency and completeness of the information.

Before relying on the material you should independently check its relevance for your purposes, and obtain any appropriate professional advice.

For reasons of succinctness and presentation, the information provided on this website may be in the form of summaries and generalisations, and may omit detail that could be significant in a particular context, or to particular persons.

Important legislative change

Note that the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) commenced on 12 October 2017.

As a result of this legislative change, the Department is updating its published information, including hardcopy and website content, as well as CLIK. While this process is well underway, it will take some time before all changes are complete. In the meantime, references within CLIK to the Safety, Rehabilitation and Compensation Act 1988 or SRCA should now generally be understood to be references to the new DRCA (with the exception of intended historical references to SRCA). It is important to note that the same provision references (i.e., sections, subsections and paragraphs) from the SRCA have been retained in the DRCA.

We appreciate your patience during this change process.

Accessed: 30 March 2023
URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim