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4.1.1 The scheme of the Act


Compensation under the SRCA for death of an ADF member can be made only to dependants, if there are any. 'Dependant' is defined by the SRCA. That definition is discussed in full at 1.11 of the Handbook. The scheme of the Act re: deaths, is that S17 provides a once-only maximum lump sum which is to be divided on a once-only basis between all those with an entitlement under the Act. Comcare has developed guidelines for dividing the lump sum payable based on the economic loss that each dependant has suffered.

Section 56 provides that no other determination can be made after that date i.e. this single determination can not normally be repeated or corrected.  The exception to this is via a 'reconsideration on own motion' in accordance with section 62 of the Act (refer to 2.4 of this Handbook for further information). There is no discretion to leave a potential entitlement unassessed i.e. reserved in the sense of undetermined until such time as a claimant cares to apply for it, as is the situation with permanent impairment lump sums. It is either paid as part of the one-and-only determination, or not paid at all. This means that the delegate must be made aware of all persons with an entitlement or at least purporting to have a claim, before that final determination is made.  See also 2.4.