DEFENCE COMPENSATION ADVICE - NO 41
">Commonwealth Employees Rehabilitation And Compensation Act 1988
">COMPENSATION COVERAGE FOR MEMBERS IN A DESIGNATED WAR ZONE
">1. Sub-section 5(10) of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 provides that compensation in respect of an injury is not payable where the claimant has an entitlement under the Veterans' Entitlement Act 1986 (other than Part IV).
2. Compensation coverage for Australian Defence Force (ADF) members serving on ships en route to a designated war zone exists under the Commonwealth Employees' Rehabilitation and Compensation Act 1988. However, upon reaching the designated war zone, the member is considered to be on Operational and/or War Service.
3. Under the Veterans' Entitlement Act 1986 the area comprising the following countries and sea areas has been deemed to be designated `War Zones' for periods of service on and from2 August 1990:
(i). Bahrain, Oman, Qatar, Saudi Arabia, the United Emirates and the Island of Cyprus;
(ii). the sea areas contained within the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Gulf of Aden, the Persian Gulf and the Gulf of Oman;
(iii). the seas contained within the Arabian Sea north of the boundary formed by joining each of the following points to the next;
(A). 20o30'N70o30'E
(B). 14o30'N67o35'E
(C). 08o30'N60o00'E
(D). 06o20'N53o52'E
(E). 05o48'N49o02'E
4. The Veterans' Entitlement Act 1986 will be amended during the `Budget Session' of Parliament to include `Operational Service' in the areas of Kuwait and Iraq for service on and from 23 February 1991.
5. Should a member lodge a claim for injuries or death arising out of such service, he/she should be advised to test their entitlement under the Department of Veterans' Affairs and that the claim for compensation will not be considered until such time that the claim for benefits under the Veterans' Entitlement Act 1986 has been determined.
6. Should you have any further queries concerning this matter, please contact Mr Paul Ontong on 06-266 8628.
MYRA CROKE
A/DRDDFC
July 1991