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8.2.1 Injuries under former Acts have coverage


Chapter 2 of this Handbook sets out the legislative framework for the administration of military compensation. Delegates should therefore be aware that the Safety, Rehabilitation and Compensation Act 1988 covers ADF members and ex-members (including reservists, cadets and declared members) for injuries/diseases as a result of service up until 30 June 2004.

Part X of the SRCA contains 'transitional provisions' which preserve the rights of those persons whose injuries, diseases etc. occurred during the currency of earlier Acts, i.e. though those Acts have now been repealed. Essentially, S124 of the SRCA says that a person with medical condition of pre-1988 origin is entitled to compensation during the currency of the SRCA if they would have been entitled under the legislation current at the time of the injury, i.e. as if that Act had not been repealed.