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  • Ch 6 Claims for Compensation
  • 6.14 Claims for Compensation - 1971 Act

6.14 Claims for Compensation - 1971 Act

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In this section

  • 6.14.1 1971 Act (on and after 1 July 1986)
  • 6.14.2 1971 Act (before 1 July 1986)

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Ch 6 Claims for Compensation

  • 6.14 Claims for Compensation - 1971 Act
    • 6.14.1 1971 Act (on and after 1 July 1986)
    • 6.14.2 1971 Act (before 1 July 1986)
  • 6.1 Lodgement of Claims
    • 6.1.1 Claims to be served on MRCC not Comcare
    • 6.1.2 Serving members should lodge through ADF channels
  • 6.2 Disclosure of Information
    • 6.2.1 Privacy Act and the Department of Defence
    • 6.2.2 Exception - Release of information on public safety grounds
  • 6.3 Claim Format
    • 6.3.1 Liability claims must be in writing - Subsequent claims for benefits can be verbal or written
    • 6.3.2 Electronic lodgement of claims constitutes a claim in writing
    • 6.3.3 Where claimant incapable or otherwise prevented from completing a claim
    • 6.3.4 Where a representative signs although the client is not prevented from signing
    • 6.3.5 Procedure on receipt of an unsigned claim
    • 6.3.6 Claims lodged under one Act incorrectly and subsequently determined under another Act
      • 6.3.6.1 Cross-Act Authority Form
      • 6.3.6.2 Use of old versions of SRCA, VEA, and MRCA claim forms
    • 6.3.7 'Substantial compliance' with the claim form
    • 6.3.8 Rejection and/or correction of 'non compliant' claims
  • 6.4 Claims Made after the Death of the Claimant
  • 6.5 Claim to be Accompanied by a Medical Certificate
    • 6.5.1 The requirement for a medical certificate under S54, SRCA
    • 6.5.2 Interpretation - Duty of the client to provide medical evidence
    • 6.5.3 Full-time serving and discharged ADF claimants
    • 6.5.4 Reserves claimants
  • 6.6 Duplicate Claims
    • 6.6.1 Successive claims for the same condition
    • 6.6.2 Same injury presented with different diagnosis is not a new claim
    • 6.6.3 Previously determined claims where new evidence is asserted
  • 6.7 Multiple Claims and Multiple and 'Subsequent' Injuries
    • 6.7.1 Separate claim for each separate incident causing injury
    • 6.7.2 Single claim for single incident with multiple injuries
    • 6.7.3 Injury and 'sequelae' to be administered under the same file reference
  • 6.8 Reviving Old Inactive Claims
    • 6.8.1 Duplicate applications for old or forgotten claims
    • 6.8.2 Old claims may not be registered on Defcare
    • 6.8.3 Procedure on receipt of pre-1993 claim
  • 6.9 Registration of New Claims
    • 6.9.1 Defcare registration
    • 6.9.2 Raising document folders via TRIM
    • 6.9.3 DVA work measurement and Time Taken To Process (TTTP)
    • 6.9.4 Acknowledgment of claims
  • 6.10 Transferring Compensation Claims Between Locations
    • 6.10.1 Policy
    • 6.10.2 Procedures to be followed
    • 6.10.3 Transferring a claim on Defcare
    • 6.10.4 Archived Files
  • 6.11 RCG Special Claims Procedures
    • 6.11.1 Serving Members Posted Overseas
    • 6.11.2 Clients leaving Australia to take up permanent residence overseas
    • 6.11.3 New claims by persons who live overseas
  • 6.12 Claims with a Potential Conflict of Interest
    • 6.12.1 Background:
    • 6.12.2 Potential Conflict of Interest types
    • 6.12.3 Claims by DVA Staff who are also clients or potential clients of DVA
    • 6.12.4 Claims by Family Members of DVA Staff
    • 6.12.5 Claimant known to a staff member
    • 6.12.6 Other possible Conflict of interest, actual or apparent
  • 6.13 Withdrawal of a Claim for Compensation
    • 6.13.1 Policy
    • 6.13.2 Prior to actual receipt of a claim form by the Location
    • 6.13.3 After receipt by the Location but before a file has been raised and details have been entered into Defcare
    • 6.13.4 After receipt by the Location but priorand after claim details have been recorded to recording the claim details on DEFCARE
    • 6.13.5 After receipt by the Location and after recording the claim details on DEFCARE
    • 6.13.6 Prior to a determination being made
    • 6.13.7 After a Determination has been made
  • 6.15 Claims for Compensation - 1930 Act
    • 6.15.1 Claim and notice provisions - S16, 1930 Act
    • 6.15.2 Deemed acceptance of a late claim - S16(1)(ii), 1930 Act

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Disclaimer

Information provided on this website is prepared by the Department of Veterans’ Affairs (DVA) for general information only and does not provide professional advice on a particular matter. This information reflects policy made by DVA and is used in the assessment of claims. It does not reflect the views or opinions of any other government body or authority.

While we make every effort to ensure that the information on this site is accurate and up to date we accept no responsibility whether expressed or implied for the accuracy, currency and completeness of the information.

Before relying on the material you should independently check its relevance for your purposes, and obtain any appropriate professional advice.

For reasons of succinctness and presentation, the information provided on this website may be in the form of summaries and generalisations, and may omit detail that could be significant in a particular context, or to particular persons.

Important legislative change

Note that the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) commenced on 12 October 2017.

As a result of this legislative change, the Department is updating its published information, including hardcopy and website content, as well as CLIK. While this process is well underway, it will take some time before all changes are complete. In the meantime, references within CLIK to the Safety, Rehabilitation and Compensation Act 1988 or SRCA should now generally be understood to be references to the new DRCA (with the exception of intended historical references to SRCA). It is important to note that the same provision references (i.e., sections, subsections and paragraphs) from the SRCA have been retained in the DRCA.

We appreciate your patience during this change process.

Accessed: 29 September 2023
URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/614-claims-compensation-1971-act