The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) contains provisions preventing a veteran, or dependant, from being compensated from more than one source for the same injury, disease or death.
Since the repeal of both the 1930 and 1971 Act, possible entitlements will be determined in accordance with the transitional provisions of the DRCA in relation to claims for which there was, or would have been, liability to pay compensation under those Acts where the entitlement arose before 1 December 1988. Any entitlements which arise on or after 1 December 1988 are determined in accordance with the relevant provisions of the DRCA.
The following table sets out a quick reference guide of the effect of a payment of common law damages. It shows:
- whether compensation payments made under DRCA (or predecessors) prior to successful common law damages are recoverable by the Commonwealth, and
- whether compensation under DRCA (or predecessors) is payable following payment of common law damages.
| Act | Type of damages recovered | Effect on compensation paid before damages payment | Effect on future entitlement to compensation |
|---|---|---|---|
1930 Act | From an action against the Commonwealth | Deducted from the damages award | No further compensation payable |
| From an action against a third party, other than the Commonwealth | Recoverable by the Commonwealth | Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens. | |
1971 Act | From an action against the Commonwealth | Recoverable by the Commonwealth | Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens. |
| From an action against a third party, other than the Commonwealth | Recoverable by the Commonwealth | Compensation is suspended until such time as the net amount of damages received by the claimant are recovered. May resume once this happens. | |
DRCA | From an action against the Commonwealth, solely for non-economic loss (section 45 common law actions) | No recovery. Note that a person cannot make an election under section 45 and pursue an action for non-economic loss against the Commonwealth when permanent impairment compensation under sections 24, 25 and 27 has already been paid for the injury or disease | Payable other than permanent impairment compensation under sections 24, 25 and 27 for the injury or disease |
| From an action against the Commonwealth, for both economic and non-economic loss | Recoverable by the Commonwealth | No further compensation payable | |
| From an action against a third party, other than the Commonwealth | Recoverable by the Commonwealth | No further compensation payable |