You are here
64.1.1 Military compensation and the 1971 Act
The Compensation (Commonwealth Government Employees) Act 1971 (No 48/1971) ('the 1971 Act') applied to Defence Force personnel throughout the life of the Act by virtue of S7(2)(b) which stated that the Act applied to 'a member of the Defence Force'.
Coverage by the 1971 Act of military and military-related personnel was determined by S7 of the Act as follows:
- S7(2)(b): members of the Defence Force (Permanent Force and Reservists)
- S7(5): Regulations may declare a class of employees. Cadets were declared under reg 11.
Section 7 stated:
7(1) Subject to this section, this Act applies to and in relation to a person who is employed by the Commonwealth or by a prescribed authority of the Commonwealth whether he is so employed under a law of the Commonwealth or of a Territory or under a contract of service or apprenticeship.
(2) Without limiting by implication the generality of the last preceding subsection:
a)a member of the Australian Federal Police
b)a member of the Defence Force, or
c)... [declared office holders]
shall, for the purposes of this Act, be deemed to be employed by the Commonwealth, and his employment shall, for those purposes, be deemed to be constituted by his performance of his duties as such a member of the Australian Federal Police or member of the Defence Force or the duties of that office, as the case may be.
Cadets were covered by the 1971 Act by virtue of reg 11.
The Liability Handbook includes writings on the specific requirements when considering liability for claims lodged and considered under the 1971 Act. Claims relating to journeys have particular criteria that need to be considered in such claims.
Further writings at Section 70 of this manual concern Cadets.