Type of Service Covered:
- Between 3 January 1949 and 7 April 1994 – all service except operational (warlike) service
- From 7 April 1994 to 30 June 2004 – all service including operational (warlike) service
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Date of Injury Or Date of diagnosis (disease) Or Date of aggravation, acceleration etc. |
Act that Applies |
Test that Applies – note the test is always 'on the balance of probabilities' – that is more probable than not |
Issues to Consider |
Specific Occupational Diseases? |
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On/after 13 April 2007 (note only applies to diseases diagnosed on/after this date as a result of SRCA not MRCA service) |
Safety, Rehabilitation and Compensation Act 1988 (SRCA) as amended by Safety, Rehabilitation, Compensation and Other Legislative Amendments Act 2007 (SRCOLA) |
Diseases only – significant contribution |
This is a slightly harder test than 'material contribution' – see s5B of the SRCA. |
S7(1) continues to apply as usual |
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1 December 1988 to 30 June 2004 (and to 12 April 2007 for diseases as a result of SRCA service not MRCA service) |
Safety, Rehabilitation and Compensation Act 1988 (SRCA) |
Injuries – arising out of or in the course of employment Diseases – material contribution |
Disease test – material con — tribution by employment – this test applies for any disease covered under SRCA service where the date of diagnosis/onset is prior to the 13 April 2007 SRCOLA amendment |
Yes – s7(1) applies, for example asbestos and radiation related conditions. This is a re — verse standard of proof. |
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1 September 1971 – 30 November 1988 |
Compensation (Commonwealth Government Employees) Act 1971 (1971 Act) |
For injuries – arising out of or in the course of work For diseases – contribution by employment |
- contribution by employment test is easier test to meet |
Yes – virtually same as SRCA s7(1) (s 31) declared occupational diseases – reverse standard of proof |
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3 January 1949 until 31 August 1971 |
Commonwealth Employees Compensation Act 1930 (1930 Act) |
For injuries – arising out of or in the course of work For diseases – the nature of employment |
– the claimed condition must be as a result of the nature of employment, a hard test to meet – notice requirements – within 6 months of injury must notify employer but only a — pplies if the Commonwealth is prejudiced from being able to determine the claim – must investigate first. |
No – must meet the nature of employment test. |
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Pre 3 January 1949 |
N/A |
May be possible to provide an Act of Grace Payment |
Act Homepages:
Current SRCA (including SRCOLA 2007 amendments) - ComLaw Act Compilations - Current SRCA and on CLIK
SRCA prior to SRCOLA amendments (including introduction of the MRCA) - ComLaw Act Compilations - SRCA as at 1 July 2004
1971 and 1930 Act – on CLIK – following the tab Legislation/Military Rehabilitation and Compensation/MRC Acts