Part 4 Disability Compensation Eligibility
- Log in [1] to post comments
4.1 Disability Compensation Payment Eligibility
- Log in [2] to post comments
This chapter contains an explanation of the Disability Compensation Payment (formerly known as Disability Pension), and the various rates at which it can be paid. It outlines the eligibility criteria for each of these rates.
See Also
Disability Compensation Payment Eligibility
Chapter 9.8 Guide to the Assessment of Rates of veterans' Pension (GARP) [3]
Chapter 4.4 Causal Connection of Injury or Disease with Service [4]
Chapter 4.5 Medical Connections to Service [5]
4.1.1 Overview of Disability Compensation Payment Eligibility
- Log in [8] to post comments
What is the Disability Compensation Payment (formerly known as Disability Pension)?
A Disability Compensation Payment is paid to compensate a veteran [9], member of the Forces [9], member of a Peacekeeping Force [9] or Australian mariner [9] for injuries [9] or diseases [9] caused or aggravated by war service or certain defence service on behalf of Australia.
More → [10]
Categories of Disability Compensation Payment
There are four categories of the disability compensation payment:
- General Rate,
- Extreme Disablement Adjustment,
- Intermediate Rate, and,
- Special Rate.
General Rate
The General Rate is the scale of compensation that takes into account the medical impairment and life style effects of an accepted condition [9] or conditions. It does not have regard to whether or not a veteran is employed.
More → [11]
Extreme Disablement Adjustment
The Extreme Disablement Adjustment compensates a person who is extremely disabled and in receipt of the 100 per cent general rate disability compensation payment, but whose accepted disabilities have further degenerated after age 65.
More → [12]
Intermediate Rate
The intermediate rate provides a rate of pension to bridge the gap between the general rate and the special rate for former serving members capable of part-time or intermittent work only.
More → [13]
Special Rate
The special rate of disability compensation payment provides compensation to a person who is unable to resume or continue in paid work for periods of more than eight hours per week due to:
- total and permanent incapacity [9], or
- total and temporary incapacity. More → [14]
Specific Disability Allowance
The Specific Disability Allowance increases the rate of Disability Compensation Payment paid for certain war-caused or defence-caused amputations, or amputations and/or loss of sight.
More → [15]
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
“Member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force."
A person who was during World War 2:
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port, or
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before he or she entered into the agreement or indenture.
Refer to section 5C [29] of VEA for a full definition.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.
4.1.2 Eligibility Requirements for Disability Compensation Payment
- Log in [30] to post comments
What is the Disability Compensation Payment (formerly known as Disability Pension)?
VEA → [31]
A disability compensation payment [9] is paid as compensation [9] for injuries or diseases caused or aggravated by war service [9] or certain defence service [9] on behalf of Australia [9].
What service is required for entitlement to claim Disability Compensation Payment?
VEA → [32]
To be eligible for the Disability Compensation Payment, a person has to have rendered one of the following types of service:
- warlike service [9], More → [33]
- non-warlike service [9]
- operational service [9], More → [34]
- peacekeeping service [9], More → [35]
- hazardous service [9], More → [36]
- defence service [9], see Note
- eligible war service [9], More → [37]
Note: Defence service commences from 7 December 1972 and ceases on 7 April 1994 except for members with unbroken continuous full time service [9] between 22 May 1986 and 7 April 1994 inclusive.
What is a war-caused/defence caused injury or disease?
VEA → [38]
A disease [9] or injury [9] is taken to be war caused if the injury suffered or disease contracted resulted from:
- an occurrence that happened while the veteran was rendering operational service, or
- any eligible war service rendered, or
- an accident that occurred while travelling (during eligible service) but not in the course of duty, i.e., a journey to a place for the purpose of performing duty, or away from a place having ceased to perform duty. More → [39]
Injury or disease aggravated or contributed to by service
VEA → [40]
An existing condition can be considered war caused, if, in the opinion of the Commission [9], the disease or injury was contributed to, or aggravated by eligible war service. Where a veteran has not rendered operational service, the period of eligible war service, which contributed to, or aggravated the injury or disease, needs to have been for six months or longer. If a veteran has rendered operational service, the six months minimum period of eligible war service does not apply:
- while the veteran was rendering eligible war service, but was not as a result of that service, or
- before the commencement of the period, or last period of eligible war service.
It does not apply if the aggravation of an injury or disease resulted from:
- the veteran's serious default or wilful act, or
- a serious breach of discipline committed by the veteran. More → [41]
Accepted Conditions
Claims for an injury or disease to be recognised as being war-caused or defence-caused (ie, accepted conditions [9] are determined in accordance with the Statements of Principles issued by the Repatriation Medical Authority [9].
More → [42]
Section 13 [46] VEA Eligibility for pension (veterans and Mariners)
Section 70 [47] VEA Eligibility for pension (Defence and Peacekeeping Forces)
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
- a pension paid by way of compenstion for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
- temporary incapacity allowance; or
- any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged (usually paid by another Commonwealth country).
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
A payment to make amends for loss or injury to a person or property, or as a recompense for some deprivation (such as compensation to the owner for compulsory acquisition of their property).
Warlike service is defined in Subsection 5C(1) VEA [65] to mean:
- service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.
See also definition of war like operations [9].
A member of the Defence Force who has served for a continuous period of effective full-time service of not less than three years between the period 6 December 1972 and 7 April 1994 has rendered defence service. Refer to section 68 of the VEA for the full definition [28].
Australia is defined in the Acts Interpretations Act 1901 and includes the following territories and Islands:
- Christmas Island
- Cocos (Keeling) Islands
Subsection 5Q(1) of the VEA [66] provides specifically that the definition of Australia includes the external territories for many VEA purposes including Part III, IIIAB, some parts of Part IIIB, Parts IIID, VIIA, VIIC and sections 52ZO, 58A, and 132. Norfolk Island is currently the only external territory of Australia. For the above VEA sections, which cover service pension [9], [glossary:income support supplement:118], pension bonus, pension loans scheme, Veterans supplement, pension supplement [9] and Commonwealth Seniors Health Card [9] purposes it is considered to be part of Australia. The test of residing in Australia does not by itself satisfy the full definition of Australian Resident [9], as residency also requires Australian citizenship or the holding of a specified visa.
Papua New Guinea [9] and Nauru [9] have both previously been external territories of Australia. Lord Howe Island and Macquarie Island, formerly regarded as separate islands, are now part of mainland NSW and Tasmania respectively.
Warlike service is defined in Subsection 5C(1) VEA [65] to mean:
- service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.
See also definition of war like operations [9].
Non-warlike service is defined in Subsection 5C(1) to mean:
- service in the Defence Force of a kind determined in writing by the Minister for Defence to be non-warlike service.
Non-warlike service includes operations with a limited objective and casualties could occur but are not expected. The only force allowed is in self-defence.
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
- any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
- any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.
According to subsection 120(7) of the VEA [28], Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.
Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.
A member of the Defence Force who has served for a continuous period of effective full-time service of not less than three years between the period 6 December 1972 and 7 April 1994 has rendered defence service. Refer to section 68 of the VEA for the full definition [28].
Eligible war service is:
- operational service [9], or
- continuous full-time service [9] (not being operational service) as a member of the Australian Defence Force (ADF) [9] during World War 1, or
- continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
- continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
- been employed on a ship as an Australian Mariner [9] during World War 2, to 29 October 1945.
Section 7 of the VEA provides a full definition of eligible war service.
Continuous full-time service in relation to a member of the Defence Force means that a person must have served on a continuous full-time basis, as opposed to a part-time basis.
A period of continuous full-time service is required by a member of the Defence Force if they are to be considered as having eligible war service, operational service or defence service and access to the benefits associated with those forms of service.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to Section 179 [28]of the VEA [28], the Commission is a body corporate under the name of Repatriation Commission.
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
4.1.3 General Rate Eligibility
- Log in [67] to post comments
VEA → [68]
What is the General Rate of the Disability Compensation Payment (formerly known as Disability Pension)?
The General Rate is the scale of compensation that takes into account both the medical impairment and life style effects of a disability to arrive at a degree of incapacity [9]. The greater the incapacity suffered by the person, the more pension they will receive. The pension is paid in 10 percent multiples up to 100 percent. The degree of incapacity is determined in accordance with the Guide to the Assessment of Rates of Veterans' Pension (GARP [9]). The General Rate does not have regard to whether or not a veteran is employed.
More → [69]
Eligibility criteria for the General Rate of the Disability Compensation Payment
VEA → [70]
To be eligible for the General Rate of the Disability Compensation Payment, a person must have:
- an injury [9] or disease [9], or both, determined as war-caused or defence-caused; and
- all such injuries or diseases assessed and a pension rate determined according to the GARP. VEA → [71]
According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.
Guide to the Assessment of Rates of Veterans' Pensions.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
4.1.4 Extreme Disablement Adjustment Eligibility
- Log in [79] to post comments
VEA → [80]
What is the Extreme Disablement Adjustment?
The Extreme Disablement Adjustment compensates a person who is extremely disabled and in receipt of the 100 per cent general rate Disability Compensation Payment, but whose accepted disabilities [9] have further degenerated after age 65. The adjustment is a 50 per cent increment to the 100 per cent general rate Disability Compensation Payment. Assessment for Extreme Disablement Adjustment only takes into account the medical impairment and lifestyle effects of a disability. It does not have regard to whether or not a veteran is employed nor any regard to income and assets.
More → [81]
What is the purpose of Extreme Disablement Adjustment?
The Extreme Disablement Adjustment is intended to provide a more substantial level of compensation to veterans who:
- are over 65 years of age and
- are retired, and
- whose degree of incapacity [9] is greater than that required to qualify for the 100 per cent general rate, but
- who do not satisfy the eligibility criteria for the Intermediate or Special Rate pension.
Eligibility criteria for Extreme Disablement Adjustment
VEA → [82]
A person is eligible for the Extreme Disablement Adjustment if:
- the degree of incapacity from war-caused or defence-caused disabilities is determined to be 100 per cent, or
- he or she has suffered from or is suffering from pulmonary tuberculosis and is receiving or entitled to receive a Disability Compensation Payment at 100 per cent general rate, and More → [83]
- he or she is 65 years old,
- he or she has an [glossary:impairment rating:] of at least 70 points and a [glossary:lifestyle rating:] of at least 6 points under GARP [9], and More → [84]
- he or she is not receiving an Intermediate or Special Rate Disability Compensation Payment. More → [85]
Intermediate and Special Rates of pension
Section 4.1.5 Intermediate Rate [22]
Section 4.1.6 Special Rate [24]
An injury or disease that has been determined under the VEA to be service-related, war-caused or defence-caused. These are sometimes referred to as accepted conditions [9].
See also accepted condition [9] and war-caused injuries or diseases section 9 of the VEA.
According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.
Guide to the Assessment of Rates of Veterans' Pensions.
4.1.5 Intermediate Rate Eligibility
- Log in [94] to post comments
VEA [95]
What is Intermediate Rate of the Disability Compensation Payment (formerly known as Disability Pension)?
Intermediate Rate Disability Compensation Payment is paid to compensate a veteran [9], member of the Forces [9], member of a Peacekeeping Force [9], or Australian mariner [9], who, because of incapacity [9] resulting from eligible service [9], is unable to resume or continue in paid work for:
- 50 per cent or more of normal time, or
- 20 hours or more per week.
What is the purpose of the Intermediate Rate?
The purpose of the Intermediate Rate is to provide a rate of pension to bridge the gap between the General Rate and the Special Rate (T&PI) for ex-servicemen capable of part-time or intermittent work only.
More [96]
Eligibility criteria for Intermediate Rate
VEA [97]
A person is eligible for the Intermediate Rate if:
- the degree of incapacity from his or her war-caused or defence-caused disabilities has been determined to be at least 70 per cent, or More [98]
- he or she has suffered from or is suffering from pulmonary tuberculosis, and is receiving or entitled to receive a Disability Compensation Payment at the general rate, and More [99]
- the incapacity from his or her accepted conditions [9], alone, renders him or her incapable of undertaking paid work otherwise than on a part-time basis or intermittently, and
- the person is prevented from continuing paid work due to his or her incapacity resulting from accepted conditions alone, and as a consequence, suffers a loss of earnings that they otherwise would not suffer.
A person will not be eligible for the Intermediate Rate if he or she is prevented from working by any factor other than their accepted conditions.
Eligibility for people over 65 years of age
VEA [100]
The following additional eligibility criteria apply for the Intermediate Rate if the veteran has reached 65 years of age:
- they were engaged in paid work after the age of 65;
- that work was for a continuous period of at least ten years (NOTE: There is no requirement for the veteran to have only worked for one employer or in a single type of employment during this period);
- that continuous period of work commenced before the person turned 65.
It must also be the case, as per 23(3A)(d) of the VEA, that the veteran be prevented from continuing the remunerative work in which they were last engaged before making a claim for the pension.
The phrase “the remunerative work” potentially refers to a number of things: a type of work, a particular job, a particular set of hours in a particular job, and so on. The following cases are arranged, from greater to lesser discontinuity, to illustrate this ambiguity.
A. Person goes from working for 60 hrs per week as a self-employed plumber to 15 hrs a week as a call centre worker for a charity.
B. Person is reassigned by their employer to 10 hrs per week in the office after being employed as a fulltime delivery driver for the business.
C. Person is working full time as an accountant and has his hours reduced to 15 hours per week by his employer.
D. Person goes from working 15 hrs per week as a security guard to 10 hrs per week in the same position.
While there is no controversy in claiming that cases A and B involve a change in the remunerative work of the person, this is less clear in cases C and D.
The relevant case law allows for scenarios such as C or D to satisfy the requirements of section 23(3A)(d). As such, a delegate should be flexible and judge each case on its own merits. Clearly the issue is one of fact and degree. It should be noted that the change in case D represents a significant decrease in hours for the person (a drop of 1/3). Such an example should be contrasted with one in which the person drops from 15 to 14 hours, which is unlikely to be sufficient to satisfy the requirements of the legislation. In such borderline cases, delegates should fully document their reasons for making a decision one way or another. If there are any concerns, delegates should seek policy advice via the Compensation Advice Line.
Paid Work and Voluntary Work
More [101]
Paid Work and Voluntary Work
Section 4.1.6 Special Rate (T&PI or TTI) Eligibility [24]
GARP [106] - CCPS Research Library\Guide to the Assessment of Rates of Pension
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
“Member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force."
A person who was during World War 2:
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port, or
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before he or she entered into the agreement or indenture.
Refer to section 5C [29] of VEA for a full definition.
According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.
Eligible war service is:
- operational service [9], or
- continuous full-time service [9] (not being operational service) as a member of the Australian Defence Force (ADF) [9] during World War 1, or
- continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
- continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
- been employed on a ship as an Australian Mariner [9] during World War 2, to 29 October 1945.
Section 7 of the VEA provides a full definition of eligible war service.
4.1.6 Special Rate (T&PI or TTI) Eligibility
- Log in [110] to post comments
What is a Special Rate (T&PI or TTI) Disability Compensation Payment?
The Special Rate of Disability Compensation Payment is the highest level of Disability Compensation Payment available to an injured veteran [9], member of the Forces [9], member of a Peacekeeping Force [9] or Australian mariner [9] under the Veterans' Entitlements Act 1986 (VEA).
The Special Rate of Disability Compensation Payment is designed to compensate for a person's inability to engage in remunerative work, where that person's inability to work is solely as a result of their VEA accepted conditions [9]. For this reason, in every potential Special Rate case, delegates must check to make sure that a client is not receiving compensation for their inability to work through some other channel (for example, through incapacity payments under the DRCA or MRCA).
The Special Rate Compensation Payment is not income or asset tested, nor is it taxable income.
The Special Rate of Disability Compensation Payment is colloquially known as the Totally and Permanently Incapacitated pension (T&PI or TPI).
Where the Special Rate is provided for a limited period of time in respect of a temporary incapacity, this is also known as the Temporarily Totally Incapacitated pension (TTI). The duration of payment of TTI is determined by medical evidence and is subject to review before the end of the determined period. A TTI pension would not normally be payable for more than six months.
More [112]
What is the purpose of the Special Rate (T&PI or TTI)?
The purpose of the Special Rate of pension is to compensate severely disabled or injured veterans who are unable to ever go back to work, support themselves or their families, or provide for their old age through paid work.
More [113]Sections 24, 24A, 25 and 28 of the VEA directly relate to the Special Rate of pension and outline the eligibility criteria that the veteran must meet in order to qualify for Special Rate.
Eligibility for Special Rate of Disability Compensation Payment (T&PI)
VEA [114]The Department has issued a Commission Guideline CM5011 that explains Special Rate eligibility in more detail.
More [115]NB: Veterans who are blinded [9] in both eyes as a result of war-caused injury or war-caused disease are automatically deemed to satisfy the criteria in section 24 [102] of the VEA. If they meet the blinded criteria, they are entitled to a pension at the Special Rate.
Non-blinded veterans
If a veteran is aged under 65 at the time of lodging a claim, there are three primary tests that must be satisfied before a determination granting Special Rate can be made. The tests must be met discretely, yet concurrently, during the assessment period [9] for the veteran to be eligible. These are:
- 70% Test – under this test in p24(1)(a), a veteran must be in receipt of or eligible to receive a Disability Compensation Payment of at least 70% of the General Rate. More [116]
If he or she has suffered from or is suffering from pulmonary tuberculosis, then the 70% test is taken to be satisfied. This provides an entry incapacity threshold for a veteran to be considered for the Special Rate.
More [117]
- T&PI Test – under this test in p24(1)(b), a veterans' war caused incapacity – alone and of itself – must be responsible for the veteran being unable to work for more than eight hours per week in work other than their substantive remunerative work they have been prevented from continuing (see next test). The veterans' capacity for work is determined by reference to s28. This test is designed to establish the capacity of the veteran to work exclusive of other factors (such as labour market conditions). The veteran is not required to cease all employment, they can continue in work of another type, as long as the eight hour capacity test is satisfied.
- Work Loss Test – under this test in p24(1)(c), a veteran must satisfy three criteria: More [118]
- The Alone Test – “by reason of incapacity from that war caused injury [9] or war caused disease [9] or both, alone”; the following two situations eventuate:
- The Prevented Test – that the veteran is “prevented from continuing to undertake remunerative work that the veteran was undertaking”; and
- The Economic Loss Test – that has led to a “loss of salary or wages, or of earnings on his or her own account”.
The Alone and Prevented Test
The central aspect of the Work Loss Test is whether, by the effect of their accepted conditions, alone, the veteran has been prevented from continuing to undertake their substantive remunerative work that they were undertaking.
The most important aspects of the requirements of this provision are that:
- the veteran must have been prevented from continuing in a type of employment that they otherwise would have been undertaking during the assessment period; and
- they had to discontinue it due to the impact of their accepted conditions alone.
The 'alone test' and DRCA/MRCA conditions
This second limb, that the person is prevented from continuing work due to their accepted conditions alone, requires special attention where the client has eligibility under more than one Act. In all cases checks should be made to ensure that the client does not have conditions accepted under the MRCA or DRCA that are not accepted under the VEA.
Where a client is being paid incapacity payments under the MRCA or DRCA for conditions that are not accepted or seen as incapacitating under the VEA, a decision should never be made to grant a Disability Compensation Payment at the Special Rate without first consulting with the Benefits and Payments Policy Team.
Clients with eligibility across multiple acts are not, prima facie, excluded from the Special Rate of Disability Compensation Payment, however, those with cross-act eligibility whose MRCA/SRCA conditions contribute to their incapacity will fail the s24(1)(c) 'alone' test. However, as explained below, a client who fails the s24(1)(c) test, will, invariably, be entitled to some amount of incapacity payment under the MRCA/DRCA.
While it is true that a person who has conditions under both the MRCA/DRCA and VEA that contribute to their incapacity will not be able to obtain the Special Rate of Disability Compensation Payment under the VEA, they will be eligible for a VEA Disability Pension at the General Rate, as well as incapacity payments and permanent impairment payments under the MRCA/DRCA.
A client does not need to be incapacitated solely by their MRCA/DRCA conditions in order for incapacity payments to be made. All that is required is that the MRCA/DRCA conditions have made a contribution to their incapacity. There is no set “minimum level” that MRCA conditions need to meet; a delegate needs to decide whether the MRCA/DRCA condition has made a contribution.
Note that this is the same test in reverse as applied to the Special Rate of Disability Compensation Payment under the VEA. If an incapacitated client’s MRCA/DRCA conditions do not make a contribution to their incapacity, they must be solely incapacitated due to their VEA conditions, and the Special Rate will therefore be payable.
In this way, an incapacitated person will either be eligible for the Special Rate of Disability Compensation Payment (where they are incapacitated from working due to their VEA accepted conditions alone), or eligible for incapacity payments under the modern MRCA/DRCA legislation (where their incapacity is as a result of a combination of MRCA/DRCA and VEA conditions, or MRCA/DRCA conditions alone). All incapacitated clients will be eligible for one of these two benefits.
Issues may arise if there is conflicting medical evidence, produced at different times and not considered holistically. These cases can be remedied via a whole-of-client, cross Act review and input from our contracted medical advisors.
Remunerative Work
It is important to note that in the Work Loss Test, the definition of 'work' differs from that used in the T&PI Test.
The work that is referred to in the T&PI Test means the work that the veteran might be able to do, taking into account their skills and the impact of their incapacity. This work must be different to the substantive remunerative work they were prevented from continuing for the purposes of the Work Loss Test.
The substantive remunerative work, that the veteran was undertaking, as referred to in the Work Loss Test, does not necessarily refer to the veteran's last employment or any specific job that they may have undertaken at any point in their work history. The veteran's entire work history and range of work undertaken will need to be assessed. This consideration will allow for a classification of the type of work that the veteran was undertaking, but have been prevented from continuing by the effects of their conditions.
There are a number of considerations that have to be taken into account when assessing a veteran's remunerative work for the purposes of the Work Loss Test:
- The veteran's entire work history must be analysed.
- The type or types of work undertaken by the veteran must be determined.
- All reasons for the veteran ceasing to continue in that type of remunerative work need to be considered (which is determined by assessing the types of work the veteran has undertaken) and whether they could be continuing that employment during the assessment period if it were not for the effects of their accepted conditions alone.
The questions to be asked to establish whether the Work Loss Test has been satisfied are contained in the Flentjar v Repatriation Commission (1997) Federal Court decision:
- What was the relevant “remunerative work that the veteran was undertaking” within the meaning of s24 (1)(c) of the Act?
- Is the veteran, by reason of war-caused injury or was-caused disease, or both, prevented from continuing to undertake that remunerative work?
- If the answer to question 2 is yes, is the war-caused injury or disease, or both, the only factor or factors preventing the veteran from continuing to undertake that work?
- If the answers to questions 2 and 3 are, in each case, yes, is the veteran by reason of being prevented from continuing to undertake that work, suffering a loss of salary, wages or earnings on his own account that he would not be suffering if he were free of that incapacity?
If other factors have been identified, this does not necessarily mean failure of the test. Rather, the real effect of these factors need to be assessed in the circumstances of the case. To fail the Work Loss Test, the decision-maker must be reasonably satisfied that the evidence demonstrates that such factors, either singly or in combination, had a real effect in contributing to the veteran being prevented from continuing to undertake the kind of work previously undertaken.
Ameliorating Provisions
In a situation where the delegate is satisfied that the applicant does not satisfy the 'alone' test, as a result of their non-accepted condition/s contributing to their prevention from continuing work, then the ameliorating provisions (ss24(2)) may apply. The applicant must meet the following conditions:
- is not currently working;
- is under the age of 65;
- has been actively and genuinely seeking work (or would have been seeking work); and
- the evidence points to the accepted condition/s as being the substantial reason for the inability to obtain work.
If these conditions have been satisfied, then the 'alone' test is taken to be satisfied. The ameliorating provisions are specifically included in the tests for Special Rate to make sure that the 'alone' test is not a blanket exclusion, and that where a veteran is attempting to work, but they cannot gain employment due substantially to the impacts of their accepted condition/s then they can still be considered for Special Rate.
Eligibility criteria for Temporary Special Rate (TTI)
VEA [119]
A person is eligible for TTI pension in the following situations:
- he or she is temporarily incapacitated from war-caused or defence-caused disabilities, and
- if the incapacity were permanent, the person would qualify for a T&PI pension.
The period for which TTI pension is determined as payable is the time for which the incapacity is likely to continue.
More [121]
Eligibility for Special Rate (T& PI and TTI) for people over 65 years of age
VEA [122]
Before Special Rate can be granted to a veteran who has reached the age of 65, there are additional eligibility criteria that must be met. The veteran must:
- have been prevented from continuing in paid work due to incapacity from their accepted disabilities alone and thereby be suffering a loss of earnings;
- have been employed for a continuous period of at least ten years which must have started prior to the veteran turning 65 and continued past the age of 65 (NOTE: There is no requirement for the veteran to have only worked for one employer or in a single type of employment during this period);
- meet the 70% Test, T&PI Test and the Work Loss Test More [123]
What is a 'continuous period?'
Ultimately, there is no rigid definition of what constitutes a 'continuous period'.
The relevant Commission Guideline (http://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim [124]) states:
…that 10-year period may include periods during which the veteran was not working (taking holidays etc), as long as that break is not too extensive, but it cannot include periods where the veteran ceased to work (i.e. 3 years touring Europe would likely be considered more than just a holiday and mean that the continuous 10-year requirement had not been met). These are questions of fact to be decided to the satisfaction of the delegate.
A good rule of thumb test might be what would be seen as a reasonable break if the employee was working for the same employer. For example, taking 12 months leave from your job would not normally be seen as reasonable without mitigating factors (parenting commitments, injury or illness or LSL), and would almost certainly be leave without pay, whereas a period of leave of 4 weeks would seem reasonable to a majority of employers as recreation leave, should they have that entitlement.
Where the duration of the break between a person’s jobs is such that it could otherwise be seen as a holiday if they returned to work for the same employee, then the nexus of employment will almost certainly not be broken.
Please note that this advice is not saying that every case where the leave is longer than a few weeks will fail the over 65 Special Rate test. The delegate’s discretion remains the overriding consideration, and there may be heretofore unknown reasons why a longer break may be acceptable. For any cases where the break in employment was more than a month or two, further investigation may be required to establish the precise circumstances surrounding the break.
A beneficial approach should be taken at all times. The benefit of the doubt should be given to clients in these scenarios.
Paid Work and Voluntary Work
The eligibility criteria for Special Rate/Intermediate Rate pension require that a person has limited capacity to work in paid work. Paid work is work that is remunerated. It is different from voluntary work.
Voluntary work is generally defined as 'unpaid work for a recognised community or welfare organisation'. Unpaid work for a not-for-profit organisation or ex-service organisation will generally constitute voluntary work. Unpaid work for family, friends, or a business enterprise formed for the purposes of making a financial profit is generally not classified as voluntary work.
Where veterans are undertaking unpaid work through an Ex-Service Organisation (ESO) or Community of Practice, they may undertake a variety of tasks, including working as advocates/mentors or as trainers/assessors through the Advocacy Training and Development Program. The tasks required as a trainer or assessor may mean that the veteran’s volunteer work is under the direction of an organisation that is not classified as not-for-profit. In these instances, although the veteran is operating under the direction of a for-profit business they are in practice providing unpaid work through the ESO or ATDP. Therefore it is considered to be voluntary work.
The general policy approach is that voluntary work does not have the same pressure or stress that is inherent in paid employment and should therefore be discounted when assessing a person's eligibility for Special Rate/Intermediate Rate Disability Compensation Payment. It is recognised that voluntary work has many social, psychological and physical benefits.
There is no defined upper limit to the hours of voluntary work a person may undertake, and the hours worked in voluntary work are not linked at all to the eight hour limit imposed on remunerative work. A high number of hours in voluntary work is not on its own an indication that the veteran is able to work in remunerative work.
More (go back) [136]
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
“Member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force."
A person who was during World War 2:
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port, or
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before he or she entered into the agreement or indenture.
Refer to section 5C [29] of VEA for a full definition.
A person may be regarded as permanently blind in both eyes where:
- there is a total loss of sight; or
- visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
- where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.
The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [137]may be instructive in making a blinded/blindness determination.
The assessment period begins on the day the formal claim for pension or application for increase in pension is lodged and ends on the day the claim is determined.
A claim or application is lodged when it is received at an office of the Department of Veterans' Affairs.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
4.1.7 Increased Rate of Disability Compensation Payment for Specific Disabilities - Eligibility
- Log in [138] to post comments
What is the Specific Disability Allowance?
The Specific Disability Allowance increases the rate of disability compensation payment paid for certain war-caused or defence-caused amputations, or amputations and/or loss of sight.
Eligibility criteria for Specific Disability Allowance
VEA [140]
Under the provisions of Section 27 [102] of the VEA, an increased rate of disability compensation payment is payable to veterans with certain war-caused or defence caused limb amputations and/or loss of sight. A veteran is eligible for this increased rate of disability compensation payment if he or she is:
- not eligible for a disability compensation payment at the Special Rate, More [141]
- eligible for a disability compensaation payment at the General Rate, Intermediate Rate, or for an Extreme Disablement Adjustment, and
- has an incapacity from an accepted disability of the following kind:
- two arms amputated,
- two legs and one arm amputated,
- two legs amputated above the knee,
- two legs amputated and blinded in one eye,
- one arm and one leg amputated and blinded in one eye,
- one leg and one arm amputated,
- one leg amputated above, and one leg amputated below, the knee,
- two legs amputated below the knee,
- one arm amputated and blinded in one eye,
- one leg amputated and blinded in one eye,
- one leg amputated above the knee,
- one leg amputated below the knee,
- one arm amputated above the elbow,
- one arm amputated below the elbow, or
- blinded in one eye.
NOTE: Certain injuries which have a similar effect to injuries listed above can be treated as if they were injuries on this list for pension adjustment purposes. For further information, see Injuries Eligible for Increased Rates of Disability Compensation Payment in Certain Cases under VEA section 27(4).
4.1.7.1 Injuries Eligible for Increased Disability Compensation Payment Rates under VEA section 27(4)
Under section 27(4) of the VEA, the following injuries listed in column 1 can be can be treated as if they were the corresponding injuries listed in column 2 for the purpose of determining the rate of increased pension to be applied.
Injury | To be treated as |
Arm amputated below the elbow, if the elbow action is lost as a result of the amputation | an arm amputated above the elbow |
Leg amputated below the knee, if the knee action is lost as a result of the amputation | A leg amputated above the knee |
Amputation of a foot | Amputation of a leg below the knee |
Amputation of a hand | Amputation of an arm below the elbow |
a leg, foot, hand or arm that has been rendered permanently and wholly useless | Having been amputated |
4.1.8 Veterans' Vocational Rehabilitation Scheme (VVRS) Safety Net Provisions for certain Disability Compensation Payments
- Log in [145] to post comments
Participation in VVRS
VEA → [146]
VVRS [9] assists veterans to find, or continue in, suitable paid employment. Services are provided on the basis of assessed need and subject to the likelihood of their obtaining a suitable and sustainable employment outcome.
More → [147]
Income safety net provided by VVRS
VEA → [148]
In the two years period immediately following commencement of remunerative work as a result of undertaking the vocational rehabilitation program, veterans on the special or intermediate rate pension will be paid 100% of the general rate and half of the difference between that general rate and either the special or intermediate rate (whichever they were receiving). The next five years, while remaining in employment, the pension is gradually reduced to 100% of the general rate. However, the special or intermediate rate pension status and all ancillary benefits are retained.
Note: The initial two-year period of pension reduction does not recommence after a period of not working. The exclusion period is generally for two calendar years, following the commencement of remunerative employment. The two-year period ceases on the day before the first CPI indexation day following the two-year anniversary.
The Veterans' Vocational Rehabilitation Scheme (VVRS) was established in December 1997 to assist eligible veterans to find, or continue in, suitable paid employment, with particular emphasis on:
- facilitating the transition from service in the ADF to suitable paid employment;
- assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and
- in conjunction with Part VIA of the VEA [157], provide an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment.
Participation in the scheme is voluntary and there are no penalties for withdrawal from, or failure to complete, an approved program. DVA will engage a VVRS contracted service provider that will assign a rehabilitation case manager to oversee the rehabilitation process for the Department. The VVRS contracted Case Manager will undertake a full rehabilitation assessment which will identify the client's vocational needs.
4.2 War Widow's/Widower's Pension Eligibility
- Log in [158] to post comments
Last amended: 1 July 2008
VEA → [159]
What is the purpose of war widow's/widower's pension?
War widow's/widower's pension is compensation for the widow [9] or widower [9] (including a partner) of:
- an Australian veteran [9] (this includes an Australian mariner [9]),
- a member of the Forces [9], or
- a member of a Peacekeeping Force [9],
whose eligible service [9] has caused or contributed to their death.
Eligibility to apply for a war widow's/widower's pension
An application for a war widow's/widower's pension may be made by a widow or a widower of a person who has eligible service covered by the Veterans' Entitlements Act 1986.
Eligibility criteria
A war widow's/widower's pension may be granted if the person who had eligible service covered by the Veterans' Entitlements Act 1986:
- has had death determined as [glossary:war-caused:] or defence-caused [9], or
- died as a result of an injury or disease which is accepted as [glossary:war-caused:] or defence-caused [9], or
- had been receiving:
- an Extreme Disablement Adjustment [9], or More → [160]
- a disability compensation payment at the [glossary:Special Rate:Def Special Rate (T&PI)], or More → [161]
- a disability compensation payment at the Temporary Special Rate, or
- a disability compensation payment at the Intermediate Rate, or
- a disability compensation payment, at an increased rate due to being a double amputee [162] [glossary:or:] blinded [9], or
- had been a former Australian prisoner of war.
Composite assessment war widow
A composite assessment war widow is a war widow who receives both a war widow's pension from DVA and an overseas pension which is similar in nature to the war widow's pension paid by DVA. In this circumstance, the war widow's pension paid by DVA is reduced on a dollar for dollar basis by the overseas pension.
Composite assessment war widows may include an EATS war widow, being the widow of an Empire Air Training Scheme airman. These war widows are paid a war widow's pension by Great Britain. Where an EATS war widow is also eligible for a war widow's pension from DVA, the DVA payment is similarly reduced dollar for dollar by the overseas pension.
Pension granted automatically in some cases
VEA → [163]
An application form is not required in certain cases in which a war widow's pension is granted automatically.
More → [164]
What happens to the pension on re-marriage?
VEA → [165]
Since 29 May 1984 a war widow/widower is entitled to continue to receive war widow's/widower's pension regardless of remarriage. Prior to 29 May 1984 a war widow's pension had to be relinquished on remarriage and a remarriage gratuity was paid.
From 1 January 2002 war widows whose pensions were cancelled only because the widow re-married or married on or before 28 May 1984 are entitled to have their war widow's pension reinstated.
Other benefits associated with war widow's/widower's pension
Recipients of war widow's/widower's pension receive a [glossary:Repatriation Health Card for all conditions:] (Gold Card [9]), entitling them to a range of health care for all conditions.
More → [166]
A funeral benefit may be payable to assist with the cost of the funeral for a veteran whose death has been accepted as war-caused.
More → [167]
An Income Support Supplement [168] (ISS [168]) may be payable to war widows/widowers [169] who satisfy the income [170] and assets tests [171] and residency requirements.
More → [172]
See Also
War Widow's/Widower's Pension
Chapter 4.1 Disability Compensation Payment Eligibility [173]
Chapter 4.3 Orphan's Pension Eligibility [174]
Chapter 3.2 Income Support Supplement (ISS) Eligibility [175]
Chapter 8.3 Funeral Benefits [176]
Section 13 [46] VEA Pension eligibility (veterans and their dependants)
Section 70 [47] VEA Pension eligibility (members of the Defence Force or Peacekeeping Force and their dependants)
A widow is a woman who was:
- the partner of a person immediately before the person died; or
- legally married to a man and living with him immediately before he died; or
- legally married to a man and living separately and apart from him on a permanent basis, immediately before he died.
A widower is a man who was:
- the partner of a person immediately before the person died: or
- legally married to a woman and living with her immediately before she died; or
- legally married to a woman and living separately and apart from her on a permanent basis immediately before she died.
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A person who was during World War 2:
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port, or
- a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before he or she entered into the agreement or indenture.
Refer to section 5C [29] of VEA for a full definition.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
“Member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force."
Eligible war service is:
- operational service [9], or
- continuous full-time service [9] (not being operational service) as a member of the Australian Defence Force (ADF) [9] during World War 1, or
- continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
- continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
- been employed on a ship as an Australian Mariner [9] during World War 2, to 29 October 1945.
Section 7 of the VEA provides a full definition of eligible war service.
The criteria for “defence-caused death" are contained in section 70 [28] of the VEA
These include provisions that:
- the death of a member of a peacekeeping force will be defence caused if it resulted from an occurrence that happened while the member was rendering peacekeeping service,
- the death of a member of the Forces or member of a Peacekeeping Force or person who has rendered hazardous service will be defence-caused if:
(a)the death arose out of, or was attributable to, any defence service, or peacekeeping service or hazardous service of the member,
(b)the death resulted from an accident that occurred while the member was travelling, during any defence service, peacekeeping service or hazardous service of the member but otherwise than in the course of duty, on a journey to a place for the purpose of performing duty or away from a place upon having ceased to perform duty; (note exceptions in subsection 70(8), or
(c)the death is to be deemed by subsection 70(6) to be defence-caused, or
(d)the injury or disease from which the member died,
(i) was suffered or contracted during any defence service or peacekeeping service or hazardous service of the member, but did not arise out of that service, or
(ii)was suffered or contracted before the period, of defence service or peacekeeping service or hazardous service of the member and, in the opinion of the Commission, was contributed to in a material degree or was aggravated.
(e)the injury or disease from which the member died has been determined to have been a defence-caused injury or defence-caused disease.
The criteria for “defence-caused death" are contained in section 70 [28] of the VEA
These include provisions that:
- the death of a member of a peacekeeping force will be defence caused if it resulted from an occurrence that happened while the member was rendering peacekeeping service,
- the death of a member of the Forces or member of a Peacekeeping Force or person who has rendered hazardous service will be defence-caused if:
(a)the death arose out of, or was attributable to, any defence service, or peacekeeping service or hazardous service of the member,
(b)the death resulted from an accident that occurred while the member was travelling, during any defence service, peacekeeping service or hazardous service of the member but otherwise than in the course of duty, on a journey to a place for the purpose of performing duty or away from a place upon having ceased to perform duty; (note exceptions in subsection 70(8), or
(c)the death is to be deemed by subsection 70(6) to be defence-caused, or
(d)the injury or disease from which the member died,
(i) was suffered or contracted during any defence service or peacekeeping service or hazardous service of the member, but did not arise out of that service, or
(ii)was suffered or contracted before the period, of defence service or peacekeeping service or hazardous service of the member and, in the opinion of the Commission, was contributed to in a material degree or was aggravated.
(e)the injury or disease from which the member died has been determined to have been a defence-caused injury or defence-caused disease.
The Extreme Disablement Adjustment (EDA) is the equivalent of 150% of the General Rate. It is payable to very severely incapacitated veterans of 65 years & over who do not qualify for the Special or Intermediate Rates.
A double amputee is a person in receipt of a Disability Compensation Payment [9], increased by one of items 1-8 of section 27 of the VEA [29].
A person may be regarded as permanently blind in both eyes where:
- there is a total loss of sight; or
- visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
- where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.
The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [137]may be instructive in making a blinded/blindness determination.
The Repatriation Health Card - For All Conditions is gold in colour and frequently referred to simply as the “Gold Card”. The card entitles its holder to obtain health care and related services for all the person's identified health care needs, whether they are war-caused or not.
4.2.1 Voluntary Assisted Dying
For information relating to Voluntary Assisted Dying, please see 7.2.1 Voluntary Assisted Dying [191].
4.3 Orphan's Pension Eligibility
- Log in [192] to post comments
What is the purpose of orphan's pension?
To compensate the eligible dependent children of a deceased:
- veteran [9], or
- member of the Forces [9].
Eligibility Criteria in respect of the parent
VEA → [194]
To qualify a child of a veteran [9] for orphan's pension, the child's parent must have been an eligible person who:
- had death determined as [glossary:war-caused:] or defence-caused [9]; or
- died as a result of an injury or disease which is accepted as war-caused or defence-caused; or
- had been receiving:
- a Special Rate pension,
- an Extreme Disablement Adjustment, or
More → [195]
- More → [197]
- a disability compensation payment at the Temporary Special Rate; or
- a disability compensation payment at the Intermediate Rate; or
- a disability compensation payment, at an increased rate due to being an amputee or blinded; or
- was a former Australian prisoner of war; or
- was a veteran who has rendered operational service [9], whose death was not war-caused, and the child is not being maintained by a parent, adoptive parent or step-parent.
Eligibility criteria in respect of the child
VEA → [199]
The child must have been wholly or substantially dependent [9] on the eligible person, immediately prior to the person's death. If the child is between 16 and 25 years old he or she must be:
- receiving full-time education,
- not receiving benefits under the Veterans' Children Education Scheme (VCES), Youth Allowance or other education assistance from the Australian Government, and More → [200]
- not receiving a disability support pension from Centrelink [9] or another Australian Government pension or allowance.
Other benefits associated with orphan's pension
Children of veterans whose death has been accepted as war-caused may be entitled to Veterans' Children Education Scheme (VCES) benefits.
More → [201]
See Also
Orphan's Pension Eligibility
Chapter 4.1 Disability Compensation Payment Eligibility [173]
Chapter 4.2 War Widow's/Widower's Pension Eligibility [202]
Section 13 [46] VEA Pension eligibility (veterans and their dependants)
Section 70 [47] VEA Pension eligibility (members of Defence Force or Peacekeeping Force and their dependants)
Section 13 [46] VEA Pension eligibility (veterans and their dependants)
Section 70 [47] VEA Pension eligibility (members of Defence Force or Peacekeeping Force and their dependants)
Section 13 [46] VEA Pension eligibility (veterans and their dependants)
Section 70 [47] VEA Pension eligibility (members of Defence Force or Peacekeeping Force and their dependants)
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
Section 10 [28] of the VEA, defines a child of a veteran or a deceased veteran as:
- a child of whom the veteran is the father or mother, or a child adopted by the veteran or the veteran and his/her partner, or
- any other child who is wholly or substantially dependent on the veteran, or
- any other child who was immediately before the death of the veteran, wholly or substantially dependent on the veteran, and
- if the veteran parent is a deceased female, is not being maintained by a parent, adoptive parent or step parent of the child.
The criteria for “defence-caused death" are contained in section 70 [28] of the VEA
These include provisions that:
- the death of a member of a peacekeeping force will be defence caused if it resulted from an occurrence that happened while the member was rendering peacekeeping service,
- the death of a member of the Forces or member of a Peacekeeping Force or person who has rendered hazardous service will be defence-caused if:
(a)the death arose out of, or was attributable to, any defence service, or peacekeeping service or hazardous service of the member,
(b)the death resulted from an accident that occurred while the member was travelling, during any defence service, peacekeeping service or hazardous service of the member but otherwise than in the course of duty, on a journey to a place for the purpose of performing duty or away from a place upon having ceased to perform duty; (note exceptions in subsection 70(8), or
(c)the death is to be deemed by subsection 70(6) to be defence-caused, or
(d)the injury or disease from which the member died,
(i) was suffered or contracted during any defence service or peacekeeping service or hazardous service of the member, but did not arise out of that service, or
(ii)was suffered or contracted before the period, of defence service or peacekeeping service or hazardous service of the member and, in the opinion of the Commission, was contributed to in a material degree or was aggravated.
(e)the injury or disease from which the member died has been determined to have been a defence-caused injury or defence-caused disease.
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
According to subsection 10(3) of the VEA [157], where a veteran is liable to maintain a child under a law of the Commonwealth or of a State or Territory, the child shall be deemed to be wholly or substantially dependant on that veteran.
Centrelink is a Government service delivery agency responsible for delivering a range of Commonwealth Government services (including social security pensions and allowances) to the Australian community through a network of more than 400 Centrelink offices.
4.4 Causal Connection of Injury or Disease with Service
- Log in [212] to post comments
VEA ? [213]
This chapter contains information on establishing whether an injury or disease, suffered by a veteran [9], Member of the Forces [9] or Member of a Peacekeeping Force [9] has been causally connected to their service.
See Also
Causal Connection of Injury or Disease with Service
Section 8 VEA - War-caused death - veterans
Section 9 VEA - War-caused injury or disease - veterans
Section 70 [102] VEA Eligibility for pension for Members of Defence Force or Peacekeeping Force
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
“Member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force."
4.4.1 Overview of Causal Connection Injury or Disease with Service
- Log in [215] to post comments
Causal relationship of injury or disease to service
For a claim in respect of a death, disease [9] or injury [9] to be accepted, the death, disease or injury needs to be causally related to the veteran's or member's VEA [9] service. Service does not have to be the only cause however, provided that the person's service contributed to a material degree.
More ? [216]
Service contributed to or aggravated a pre-existing condition
A pre-existing injury or disease may be accepted as defence-caused on the grounds that defence service or peacekeeping service [9] materially contributed to, or aggravated the disease or injury. The injury or disease must be made worse permanently not just temporarily. It is likely that eligible service has aggravated the condition if:
- the member sustains further injury during eligible service such that surgical intervention is required, and/or
- the person is discharged medically unfit for further service. More ? [217]
Occurrences of injury, disease or death that may be covered under the VEA
The VEA provides for compensation for injury, disease or death if it is linked to the veteran or member's service. These provisions also cover, in certain situations, injury, disease or death that occurs due to:
- participation in sport, More ? [218]
- travelling to and from duty, More ? [219]
- domestic activities or incidents in live-in accommodation, More ? [220]
- medical treatment, More ? [221]
- attendance at social occasions. More ? [222]
Serious default, breach of discipline or wilful act
The Commonwealth is not liable in respect of the death, injury [9] or disease [9] where it:
- resulted from the member's serious default or wilful act during or after eligible defence service, or
- arose from a serious breach of discipline committed by the member, or while the member was committing a serious breach of discipline. More ? [223]
Injuries occurring during domestic activities or live-in accommodation
Section 4.4.6 [232]
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
Veterans' Entitlements Act 1986.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
- any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
- any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
4.4.2 Relationship of Injury or Disease to Service
- Log in [240] to post comments
Service must cause or contribute to injury or disease
For a claim in respect of a death, disease [9] or injury [9] to be accepted, the death, disease or injury needs to be causally related to the veteran's or member's VEA service. Service does not have to be the only cause however, provided that the person's service was a material contribution to the injury, disease or death. Where an injury is involved, there will normally be only one cause. Where a disease is involved, there may be a number of causes.
More → [241]
Example – relationship to service
A veteran lodges a claim in respect of a heart condition. The risk factors in the veteran's case are the veteran's cigarette smoking which was initiated by the conditions of their war service, their age, their family history, and their high cholesterol levels. Only the cigarette smoking can be related to the veteran's service but that is enough to have the claim accepted.
Conditions for peacetime defence service
Members of the Defence Force are bound to render continuous full time military service [9] under the provisions of the Defence Act. They are thus on duty or on call twenty-four hours of a day, seven days a week, and are often required to live on the job in Service barracks or in camp. This does not mean however that all their activities are related to their defence service. It also does not mean that only injuries occurring while the person is 'on duty' can be accepted.
More → [242]
Resulted from an occurrence
Veterans who have rendered operational service [9] and members who have rendered peacekeeping service [9] can have a claim accepted if the condition claimed resulted from an occurrence [9] that happened while the veteran was rendering operational service or while the member was rendering peacekeeping service. The following table outlines what cases injuries, diseases or death will be accepted as service-caused, according to the type of service rendered.
More → [243]
|
If the veteran served... |
then... |
and they will be covered for... |
|
during World War 1 and World War 2, |
all of their service is considered to be operational service unless there was a break between their operational service and any other service. |
injuries, diseases or death resulting from an occurrence even if it occurred during a period of leave, e.g., if they were knocked over by a bus in the streets of Sydney. |
|
in later conflicts |
only the period in which they were outside Australia is operational service.
|
events that occurred on the ship taking them to or from operational service provided it occurred after they had left the last port of call in Australia or before reaching the first point of call in Australia. |
'But for' provisions
VEA → [244]
A death, injury or disease may be accepted as service-caused if it was due to an accident that would not have occurred or a disease that would not have been contracted, but for:
- the member having rendered defence service or peacekeeping service (including hazardous service [9]), as the case may be, or
- changes in the member's environment consequent upon the member having rendered any such service.
Examples – 'But for' provisions
The 'but for' provision extends the circumstances under which a causal connection to service can be established. For example:
- a member who contracts a tropical disease while on a goodwill visit to another country is unlikely to have contracted that disease but for the member's ship having been sent to that area,
- a member who is attacked by local inhabitants of another country is unlikely to have been injured in that way but for the member having been posted to that country,
- the change of environment from one part of Australia to another may result in the member developing a disease that would not have been contracted in the member's local environment,
- a member may also contract a disease through living in a barracks environment.
Material contribution
The meaning of ‘material contribution’ was given by the Federal Court in Repatriation Commission v Richard Edward Bendy [1989] FCA 170:
In each case, the reference to materiality serves to make it clear that the contribution required is a contribution of a causal nature, that a contribution which is de minimis, which did not influence the course of events or which is so tenuous as to be immaterial is to be ignored. The term "material" is here used not in the loose sense set out in definition 12 of the Macquarie dictionary, namely, "of substantial import or much consequence" but rather in its legal sense of "pertinent" or "likely to influence".
Thus for an incident or exposure to make a material contribution to an injury or disease (including an injury or disease from which a person died), it must have been a contributing cause in a more than trivial sense. However, the causal contribution does not need to be of a substantial or significant nature.
The application the material contribution test to the SoP framework was clarified by the Federal Court in Kattenberg v Repatriation Commission [2002] FCA 412 (‘Kattenberg’). The material contribution test is relevant to SoPs where there is a factor specifying a minimum accumulation of consumption or exposure over time.
The Kattenberg decision turned on the words 'related to' contained within the SoP framework and requiring that a SoP factor be 'related to' service. If the minimum accumulation of consumption or exposure has been contributed to in a material degree by service then the injury, disease or death is considered to be 'related to' service.
For a claim relating to this type of SoP factor to succeed, it is necessary in the first instance for the minimum accumulation specified in a factor to be met (i.e. both service-caused and non-service-caused consumption or exposure).
Where service-caused consumption (e.g. smoking at least 15 pack years of cigarettes) or exposure (e.g. manually lifting at least 35 kilograms to a cumulative total of 168,000 kilograms within any 10 year period) meets the minimum accumulation by itself, the claim will succeed and there is no need to apply the material contribution test.
However, the Kattenberg decision clarified that it is not necessary for the entire consumption or exposure to be caused by service, rather the service-caused consumption or exposure only needs to make a material contribution.
If the service-caused consumption or exposure can be shown to be more than a trivial contribution to the entire accumulation, then it is a material contribution. Where the entire accumulation (both service caused and non-service caused) meets the minimum specified in the SoP and the service-caused consumption or exposure materially contributes to the injury, disease or death, then claim will succeed.
The threshold for what proportion of the SoP-specified minimum accumulation the service-caused consumption or exposure is required to be considered a material contribution will depend on a variety of factors relating to the relevant SoP and the specific case. Thus it is not possible to develop a formula that a contribution of X per cent or more is material in all cases.
Section 8(1) (d) [249] VEA - War-caused death - veterans
Section 9(2) [250] VEA - War-caused injury or disease - veterans
Section 70(6) [251] VEA Death of a member
Section 70(7) [252] VEA Incapacity of a member
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
Continuous full-time service in relation to a member of the Defence Force means that a person must have served on a continuous full-time basis, as opposed to a part-time basis.
A period of continuous full-time service is required by a member of the Defence Force if they are to be considered as having eligible war service, operational service or defence service and access to the benefits associated with those forms of service.
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
- any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
- any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.
An occurrence is an event. It needs to happen or to take place. (The decision of the Federal Court of Australia in the case of Law 24 March 1980 refers.)
- The establishment of a habit is not an occurrence. (FCA Law 24 March 1980 refers.)
- The contraction of a disease such as poliomyelitis is an occurrence.
- The first manifestation of a disease such as asthma or of a condition such as refractive error is not an occurrence.
According to subsection 120(7) of the VEA [28], Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.
Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.
4.4.3 Service Contributed to or Aggravated a Pre-existing Injury or Disease
- Log in [254] to post comments
VEA ? [255]
Pre existing injury or disease may be accepted as defence-caused
VEA ? [256]
A pre-existing injury [9] or disease [9] may be accepted as defence-caused on the grounds that defence service or peacekeeping service [9] materially contributed to, or aggravated the disease or injury.
Meaning of aggravated
For a disease or injury to be accepted as having been aggravated, the condition needs to have been made permanently worse not just become worse temporarily. Some injuries and diseases have recurrent episodes. The fact that one of these episodes occurs during a period of eligible service does not necessarily mean that the condition is worse than it otherwise would have been. It is likely that eligible service has aggravated the condition if the person:
- sustains further injury during eligible service such that surgical intervention is required, and/or
- is discharged medically unfit for further service.
Service requirements for serving members
VEA ? [257]
A member needs to have had at least six months defence service for an injury or disease to be accepted as defence-caused on the grounds of material contribution or aggravation by defence service or peacekeeping service [9]. However, if the member has rendered hazardous service [9], the six months minimum period of defence service or peacekeeping service [9] does not apply.
More ? [258]
Service requirements for veterans
VEA ? [259]
For veterans who did not render operational service [9], the eligible war service [9] which contributed to the injury or disease or which aggravated the injury or the disease needs to have been for a period of six months or longer. If a veteran has rendered operational service, the six months minimum period of eligible war service does not apply.
More ? [260]
Section 8(1) (e) [102] VEA - War-caused death - veterans
Section 9(1) (e) [102] VEA - War-caused injuries or diseases - veterans
Section 70(5) (d) [102] VEA Member of Peacekeeping Force
Section 70(5A) (d) [102] VEA Member of the Forces
Section 8(1) (e) [102] VEA - War-caused death - veterans
Section 9(1) (e) [102] VEA - War-caused injuries or diseases - veterans
Section 70(5) (d) [102] VEA Member of Peacekeeping Force
Section 70(5A) (d) [102] VEA Member of the Forces
Section 8(5) [102] VEA - War-caused death
Section 9(6) (b) [102] VEA - War-caused injuries or diseases
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
- any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
- any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
- any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
- any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.
According to subsection 120(7) of the VEA [28], Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.
Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.
According to subsection 68(1) of the VEA, peacekeeping service means service with a Peacekeeping Force outside Australia and includes:
- any period after a person's appointment to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force, and
- any period (not exceeding 28 days) of authorised travel outside Australia after the person has ceased to serve with the Peacekeeping Force.
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
Eligible war service is:
- operational service [9], or
- continuous full-time service [9] (not being operational service) as a member of the Australian Defence Force (ADF) [9] during World War 1, or
- continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
- continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
- been employed on a ship as an Australian Mariner [9] during World War 2, to 29 October 1945.
Section 7 of the VEA provides a full definition of eligible war service.
4.4.4 Sporting Injuries
- Log in [267] to post comments
Members' participation in sport encouraged
It is the policy of the Department of Defence as outlined in Defence Instructions (General) PERS 14-2 25 September 1983 that the active participation by Defence Force personnel in sport is to be encouraged.
As a result most units field teams in local competitions and there are also inter-unit matches and inter-service competitions in a variety of sports. Injuries [9] resulting from such inter-unit or inter-service competitions are usually considered to be defence-caused as they are related to the member's duties. Where it is not possible for the unit to provide sufficient sporting opportunities for its members, the members may participate in civilian sport and be covered for compensation. All such activity needs formal approval from the commanding officer.
Example – sporting injury accepted
Injury during solitary practice with a view to being selected for the Navy's ski team has been accepted by the AAT [9] as being defence-caused.
Sporting injuries during operational service
Sporting injuries during World War 2 would normally be related to the veteran's duty unless the veteran did not render operational service [9] and the injury occurred while they were on leave. Sporting injuries occurring during subsequent periods of operational service would be covered by the 'occurrence' provisions even if they were not related to the veteran's duty.
More ? [268]
Authorisation for participation in sport required for compensation
For the purposes of compensation, written authorisation by a Commanding Officer (or officers delegated by them for responsibility for sport) is required if a member is to be considered to be participating in a sporting activity in the course of their employment. The distinction between 'permission' and 'authorisation' is that member have:
- 'permission' to undertake sporting/recreational activities for which no 'course of employment' authorisation can be given.
- authorisation to train and compete in sport and are expected to participate in accordance with that authorisation.
Situations where members are covered for compensation
The policy on injuries occurring during sport has been interpreted by the Department of Defence to mean that in general a member will normally be covered for compensation if the member:
- participates in a civilian amateur sporting team on a weekend,
- seeks authorisation prior to the game to play with that team in accordance with the policy, and
- is unable to play in a Service team in that particular sport in a civilian weekend competition, as no Service team is available.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
Administrative Appeals Tribunal.
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
4.4.5 Travelling to and from Duty
- Log in [270] to post comments
VEA ? [271]
Injury accepted if travelling to or from duty
An injury [9], disease [9] or death may be accepted as defence-caused if it resulted from an accident that occurred while the member was travelling to a place for the purpose of performing duty or from a place upon having ceased to perform duty.
What does a journey involve?
The journey may be a short trip to or from the member's home or living accommodation or may extend over days depending on the purpose of the journey. The journey commences from the time a person leaves the building in which duty is performed or the time a person leaves their residence. This means that accidents in a person's yard may be covered if the person has taken the first steps of the journey. The journey is not completed until its final destination is reached whether this be a few minutes after commencement or many days such as occurs when service personnel drive interstate for leave.
Establishing whether the journey was for the purpose of duty
VEA ? [272]
When establishing whether a journey was for the purpose of duty, the factors to be considered are:
- was the journey to a place for the purpose of performing duty or away from a place upon having ceased to perform duty,
- had the member delayed commencing the journey for a considerable period after ceasing to perform duty,
- was the nature of the risk of sustaining injury or contracting a disease substantially changed or the nature of the risk substantially increased by the delay,
- was the journey by a route that was reasonably direct,
- was the nature of the risk of sustaining injury or contracting a disease substantially changed or the nature of the risk substantially increased by that route,
- was there a substantial interruption in the journey, and
- was the nature of the risk of sustaining injury or contracting a disease substantially changed or the nature of the risk substantially increased by that interruption.
Example – travelling after recreation
Travelling back to barracks accommodation on a Friday night after going out for recreation was not considered to be travelling 'to a place for the purpose of performing duty' in the case of Hopper (AAT [9] 27 January 1988), as the member was not required on duty until the Monday morning.
Example – delaying journey
Delaying the start of a journey until the Saturday morning and then detouring by a route that added three hours to the journey was not considered to have substantially altered the risk in the case of Alcock (AAT [9] 30 June 1992). But staying at Eildon for many hours so that the rest of the journey occurred after dark was considered to have altered the risk.
Journey interrupted by domestic activity
VEA ? [273]
If the journey is interrupted by a domestic activity and the accident occurs during that activity, the nature of the risk has been altered.
More ? [274]
Example - journey interrupted by domestic activity
A member travels to work by car. They started to drive their car down the drive and then noted that he had left the wheelbarrow full of soil partly across the drive. He got out of the car to move the wheelbarrow and injured his back. In a similar case the Tribunal found that the injury was not related to his defence service as he had interrupted his journey to carry out a domestic task.
Section 8(1) (c) [102] VEA - War-caused death
Section 9(1) (c) [102] VEA - War-caused disease or injury - veterans
Section 70(5) [102] VEA Member of a Peacekeeping Force
Section 70(5A) [102] VEA Member of the Forces
Section 8(4) [102] VEA - War-caused death - veterans
Section 9(5) [102] VEA - War-caused injuries or diseases - veterans
Section 70(8) [102] VEA Eligibility for pension for Members of Defence Force or Peacekeeping Force
Section 8(4) (c) [102] VEA - War-caused deaths - veterans
Section 9(5) (c) [102] VEA - War-caused injuries or diseases - veterans
Section 70(8) (c) [102] VEA Members of Defence Force or Peacekeeping Force
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
Administrative Appeals Tribunal.
Administrative Appeals Tribunal.
4.4.6 Injuries Occurring during Domestic Activities or Live-in Accommodation
- Log in [279] to post comments
Injuries occurring in live-in accommodation
In a number of instances, defence personnel are required to live in accommodation provided on the base or in another defence establishment. Injuries [9] occurring in this 'live-in' accommodation may sometimes be accepted as defence-caused depending on the circumstances of the case. Decisions made by the VRB [9] and AAT [9] in respect of injuries occurring in such circumstances vary so it is not possible to follow such decisions in all cases. The issue to be considered is whether the injury is the result of domestic activities or activities related to the person's service.
Example – domestic activity accepted
Members may fall in bathrooms and injure themselves in Defence provided accommodation. This would be regarded as a domestic activity. However, if there was something about the bathroom that was significantly different to a private bathroom or the bathroom was in a poor state of repair, it may be possible to accept the injury as defence-caused under the 'but for' provisions.
More ? [280]
Example - domestic activity not accepted
The Federal Court of Australia in the case of Holthouse (24 June 1982) has been referred to in a number of decisions when determining whether or not an injury or disease resulted from activities within the sphere of a member's personal life. In that case, a naval officer was posted to be the Commanding Officer of a naval unit and was required to live in the accommodation provided. The member decided to let their house while living in that accommodation. The member had a large potted plant which they kept under cover but they decided to move it out into the open in case the tenants did not remember to water it. The member injured their back when moving the plant. It was considered that their decision to move the plant was a domestic decision and had nothing to do with their naval service.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision [9] for the Disability Compensation Payment [9], war widow's/widower's pension [9], orphan's pension [9] and attendant allowance.
Administrative Appeals Tribunal.
4.4.7 Injuries Resulting from Medical Treatment
- Log in [282] to post comments
Medical treatment provided during service
During a person's service, medical treatment is provided for all injuries [9] and illnesses at the expense of the Defence Department whether or not such injury or illness is related to service. The treatment that is covered by these provisions is related to conditions that:
- affect the member's efficiency, or
- make the member a danger to others.
Necessary treatment
In the case of Brown, (AAT [9] 1 August 1989), the Tribunal quoted the former Defence Regulation 435 which stated: 'Any member may be required to undergo such medical treatment as is deemed by a medical officer, and such dental treatment as is deemed by a dental officer, to be necessary to cure, remove, prevent or to reduce the likelihood of any disease or infirmity which in the opinion of the medical officer or the dental officer affects or is likely to affect the efficiency of the member in the performance of their duties, or to endanger the health of any other members'.
Reference was also made to Australian Military Regulation 203(1)(xxxi) in which wilful misconduct or disobeying orders, whether in hospital or otherwise, that results in aggravating the disease or infirmity, or delaying the cure is listed as an offence.
Injury or disease during necessary treatment is defence-caused
If a member is undergoing necessary treatment and injury [9], disease [9] or death results, this would be defence-caused as the member was required to undergo such treatment. In some circumstances, a member could not be charged for failing to undergo treatment, if it does not affect the member's duty. In such cases, it is a domestic matter and injury, disease or death resulting from treatment is not defence-caused.
Example - treatment not necessary and not defence-caused
A female member becomes pregnant and it is suggested that she have an abortion. As the result of the abortion, she is rendered sterile. Pregnancy is not a disease or an injury so it does not need to be 'cured'. The member's efficiency would have been impaired at times during her pregnancy but it would not have been permanently affected. There is provision for members of the Defence Force to take maternity leave so it is recognised that pregnancies occur. As there are specific laws governing when an abortion can take place and as a number of people have moral objections to abortions being carried out, the member could not have been directed to have an abortion. The effects of the abortion would not be defence-caused.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
Administrative Appeals Tribunal.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
4.4.8 Attendance at Social Occasions
- Log in [283] to post comments
Injury during social occasion may be defence-caused
Because of the need to create 'esprit de corps' in the services, it frequently happens that members are expected to attend occasions such as farewells and dining-in nights after the normal hours of duty. Accidents occurring at or on the way home from such occasions have been accepted as defence-caused by the AAT [9] where it is clearly indicated that attendance at the function was a normal part of service life and the members did not increase the risk of being injured. Becoming intoxicated does increase the risk.
Example - injury not accepted as defence caused
A unit held a farewell gathering at the Sergeants Mess for one of the members who was leaving the unit. The main activities ceased about 8.00pm, but some members stayed on to play billiards. They continued to drink alcohol while they were playing. After leaving the Mess at midnight, the member was involved in an accident. The member was under the influence of alcohol. The injury [9] would not be defence-caused as the attendance at the mess ceased to be related to the member's duty at 8.00pm. It was a personal choice of the member to stay on at the mess and the member increased the risk of an injury by staying at the Mess and continuing to drink.
Administrative Appeals Tribunal.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
4.4.9 Serious Default, Wilful Act, Breach of Discipline
- Log in [284] to post comments
Situation where the Commonwealth is not liable to compensate
The Commonwealth is not liable in respect of the death, injury [9] or disease [9] where it:
- resulted from the member's serious default or wilful act during eligible defence service, VEA ? [285]
- resulted from the member's serious default or wilful act after eligible defence service, VEA ? [286]
- arose from a serious breach of discipline committed by the member, or VEA ? [287]
- arose from an occurrence that happened while the member was committing a serious breach of discipline. VEA ? [288]
What is regarded as serious or wilful will depend on the circumstances of the case.
Meaning of wilful act
Self-inflicted injuries would normally be regarded as resulting from 'wilful acts' and would not be covered. However, if the person suffers from a defence-caused psychiatric disorder (whether formally determined or not) and that person kills or injures himself or is killed as the result of being under the influence of alcohol, the death or injury would be defence-caused as the person is not capable of a 'wilful' act. Skylarking which results in significant injury would probably be considered to be a 'wilful act' but again, this would depend on the circumstances of the case. If such skylarking has taken place previously and the military authorities have made no attempt to end the practice, the fact that injury results on a specific occasion would not be enough to turn it into a 'wilful act'. The test would therefore be its relationship to the person's duties. An unwilling person who is injured by another members participation in a wilful act, would be covered.
Meaning of serious default or breach of discipline
Simple cases of being absent without leave for short periods or other infringements of discipline that do not result in significant penalties such as imprisonment or discharge would probably not meet the criterion of 'serious'. However, if the person is absent without leave for more that 21 days, that period is not 'effective full-time service' so anything that happens in that time is not covered by the VEA. Actions resulting in civil charges would normally be classed as 'serious'.
Example - serious
In the cases of Nelson, (AAT [9] 10 May 1988) and Lester, (AAT 22 March 1992), the AAT found that breaches of discipline which resulted in imprisonment were 'serious' and debarred the veterans from benefits under the Act.
Example – not serious
In the case of McGrath, (AAT 13 November 1989), the AAT did not consider that taking a jeep without permission on more than one occasion during the week after the Japanese surrender to go and get additional supplies of alcohol was a 'serious default'. This was in view of the lack of discipline that had prevailed in the camp and the amount of alcohol that had been consumed in the camp after receiving the news of the surrender.
However, injuries resulting from the illegal use of vehicles (either military or civilian) in peacetime are not covered as the member's injury would not be causally related to duty.
War-time example - wilful
In a war-time case, the concealing of a physical defect in order that a person could enlist is not considered to be a 'wilful act' in view of the person's desire to serve their country.
Section 8(2) (a) [102] VEA - War-caused death - veterans
Section 9(3) (a) [102] VEA - War-caused injuries or diseases - veterans
Section 70(9) [102] VEA Member of Defence Force or Peacekeeping Force
Section 8(3) [102] VEA - War-caused death - veterans
Section 9(4) [102] VEA - War-caused injuries or diseases - veterans
Section 70(10) [102] VEA Member of Defence Force or Peacekeeping Force
Section 8(2) (b)(i) [102] VEA - War-caused death - veterans
Section 9(3) (b)(i) [102] VEA - War-caused injuries or diseases - veterans
Section 70(9) [102] VEA Member of Defence Force or Peacekeeping Force
Section 8(2) (b)(ii) [102] VEA - War-caused death - veterans
Section 9(3) (b)(ii) [102] VEA - War-caused injuries or diseases - veterans
Section 70(9) [102] VEA Member of Defence Force or Peacekeeping Force
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
Administrative Appeals Tribunal.
4.4.10 - Claims related to sexual and physical abuse
Claims related to sexual and physical abuse
For policy on claims relating to sexual and physical abuse, see 3.4.7 Claims related to sexual and physical abuse [293].
4.4.11 Claims relating to asbestos exposure while serving on certain RAN vessels
The policy below addresses the historically widespread use of asbestos-containing components on Royal Australian Navy vessels over a long period.
The policy recognises that although the potential for exposure to asbestos existed aboard these vessels, it can be difficult to establish in individual cases that an exposure occurred. Therefore, in the event that a veteran with service as set out in this policy does develop an asbestos-related disease, the policy acknowledges that such exposure may have occurred and allows claims to be decided quickly, provided the veteran meets the policy requirements.
The Department of Veterans’ Affairs emphasises that this policy should in no way be a cause for undue concern among veterans who served on these ships, and should not be taken to imply a significantly elevated risk of asbestos-related disease among these personnel, or that exposure definitely would have occurred in any individual case.
Claims for Asbestos-Related Conditions: Royal Australian Navy Service 1940-2010
Where any claimant contended exposure to asbestos in the course of service, delegates have previously been required to seek advice confirming the exposure through the Defence Single Access Mechanism (SAM). As part of the subsequent investigation, claimants have been required to complete a questionnaire. The investigative process is often a lengthy one.
The Repatriation and Military Rehabilitation and Compensation Commission has agreed that for those who served on board any of the Royal Australian Navy (RAN) ships listed below between 1 January 1940 and 31 December 2010, it no longer necessary to seek case-by-case confirmation of asbestos exposure as it is known that asbestos was likely to be present on those ships during that period.
In August 2019, the Repatriation Commission further agreed that, for the purpose of the application of Statements of Principles (SoPs) under the Veterans’ Entitlements Act 1986, 75 per cent of an individual’s time served on the listed RAN ships between 1 January 1940 and 31 December 2010 will be taken to have been rendered in an enclosed environment containing respirable asbestos fibres. This is relevant because the SoPs for a number of conditions include a factor relating to being in an enclosed environment containing respirable asbestos fibres for a prescribed amount of time.
Where 75 per cent of time spent on the listed ships within the relevant period is equal to or greater than the cumulative total time spent in an enclosed environment containing respirable asbestos fibres prescribed by a factor in the SoP for a claimed condition, that SoP factor will to be taken to be met. No additional confirmation of exposure to asbestos is required where the claim is for an asbestos-related condition connected to service aboard any of the vessels listed below, where that service was rendered between 1 January 1940 and 31 December 2010 and 75 per cent of the time aboard the vessel meets the relevant enclosed environment SoP factor.
The list of vessels has been provided by the Department of Defence and shows ships on board which members may have been exposed to asbestos during the relevant period. For any claims which relate to service other than on board any of the listed vessels during the relevant period, the previous policy must still be followed, and a request for confirmation should still be sought via Defence SAM. If a client claims service on a RAN ship not in the below list, please check with the Liability and Service Eligibility policy section [294] before raising a SAM request.
It should be noted that while this policy change primarily affects claims by RAN veterans, it applies equally to members of all armed services, i.e. where an Army or Air Force member served aboard a listed ship, there is likewise no need to seek individual confirmation of exposure from Defence.
While this policy removes the need to seek confirmation of asbestos exposure in relation to certain claims, a connection between any claimed condition and asbestos exposure must still be established. All the normal legislative requirements must still be met in relation to establishing a connection to service, including ensuring that all components of the relevant SoP factor are met.
Further, while this policy is intended to assist in the speedy resolution of claims that meet the requirements set out in the policy, it should not be used as a reason to reject claims. Where a claim does not meet the requirements for acceptance under this policy, other possible avenues, such as other relevant SoP factors, and/or other potential asbestos exposures should be investigated in line with existing claims processing guidelines.
The importation and installation of new asbestos components was prohibited after 31 December 2003. It is understood that in practice, the use of asbestos in RAN vessels was becoming more and more limited by this time.
In addition, Navy was directed to remove asbestos from ships by 31 December 2010. Some exposures after this date are known to have occurred, but these are well documented, and a list is provided at the bottom of this page. Where a claim relates to contended exposure to asbestos after 31 December 2010, and relates to service on a ship not included in the list 'Asbestos on RAN Ships 2011 Onwards' provided at the bottom of this page, individual confirmation should be sought from Defence.
Please note that, where a date range ending with ‘present’ is given in the list below, this reflects only the fact that at the time when the list was provided by the Department of Defence, the vessel was still in RAN service. The last relevant date of service for the purposes of this policy remains 31 December 2010.
Further to this, the RAN follows a tradition whereby should a ship be decommissioned its name may be used on subsequent ships. Members tend to refer to the ship without making distinctions as to its commissioning date. So, although a client may have technically served on HMAS Melbourne II or HMAS Melbourne III they would likely consider that they served on the HMAS Melbourne and not make such a distinction clear in their claim. The claimant's date of service will indicate which iteration of the ship they served on.
SHIP | PERIOD IN USE |
|---|---|
HMAS Acute | 1969 - 1983 |
HMAS Adelaide I | 1922 - 1946 |
HMAS Adelaide II | 1980 – 2008 |
HMAS Adroit | 1968 - 1994 |
HMAS Advance | 1968 - 1988 |
HMAS Aitape | 1967 - 1975 |
HMAS Anzac I | 1951 - 1974 |
HMAS Anzac II | 1996 - Present |
HMAS Archer | 1968 - 1973 |
HMAS Arrow | 1968 - 1974 |
HMAS Arunta I | 1942 – 1968 |
HMAS Arunta II | 1998 – Present |
HMAS Assail | 1968 – 1985 |
HMAS Attack | 1967 - 1985 |
HMAS Aware | 1968 – 1993 |
HMAS Balikpapan | 1974 - 2012 |
MSA Bandicoot | 1991 - 2010 |
HMAS Bandolier | 1968 – 1973 |
HMAS Banks | 1960 – 1995 |
HMAS Barbette | 1968 – 1985 |
HMAS Barcoo | 1944 - 1963 |
HMAS Barricade | 1968 – 1982 |
HMAS Barwon | 1945 – 1962 |
HMAS Bass | 1960 - 1994 |
HMAS Bataan | 1945 - 1958 |
HMAS Bathurst | 1940 – 1948 |
HMAS Bayonet | 1969 – 1988 |
HMAS Benalla I | 1943- 1958 |
HMAS Benalla II | 1990 – Present |
HMAS Bendigo I | 1941 – 1947 |
HMAS Bendigo II | 1983 – 2006 |
MSA Bermagui | 1994 – 2000 |
HMAS Betano | 1974 – 2012 |
HMAS Bingera | 1940 – 1946 |
HMAS Black snake | 1944 - 1945 |
HMAS Bombard | 1968 – 1983 |
HMAS Boonaroo | 1967- 1967 |
HMAS Bowen | 1942 – 1956 |
HMAS Brisbane II | 1967 – 2001 |
MSA Brolga | 1988 – 2002 |
HMAS Broome I | 1942 - 1946 |
HMAS Brunei | 1971 – 2014 |
HMAS Buccaneer | 1969 - 1985 |
HMAS Buna | 1973 - 1974 |
HMAS Bunbury I | 1942 - 1961 |
HMAS Bunbury II | 1984 - 2005 |
HMAS Bundaberg I | 1942 - 1961 |
HMAS Bungaree | 1940 – 1946 |
HMAS Burdekin | 1944 – 1946 |
HMAS Burnie | 1941 – 1946 |
HMAS Cairns | 1942 – 1946 |
HMAS Canberra II | 1981 - 2005 |
HMAS Cape Leeuwin | 1943 – 1945 |
HMAS Carroo | 1942 – 1946 |
MSA Carole-S | 1993 – 1994 |
HMAS Castlemaine | 1942 – 1945 |
HMAS Cessnock I | 1942 – 1947 |
HMAS Cessnock II | 1983 – 2005 |
HMAS Colac | 1942 – 1983 |
HMAS Collins | 1996 – Present |
HMAS Condamine | 1945 – 1962 |
HMAS Cook | 1980 – 1990 |
HMAS Cootamundra | 1943 – 1962 |
HMAS Cowra | 1943 – 1961 |
HMAS Culgoa | 1945 – 1962 |
HMAS Curlew | 1962 – 1991 |
HMAS Darwin | 1984 – Present |
HMAS Dechaineux | 2001 – Present |
HMAS Deloraine | 1941 – 1956 |
HMAS Derwent | 1964 – 1994 |
HMAS Diamantina I | 1945 – 1981 |
HMAS Diamantina II | 2002 – Present |
HMAS Dubbo I | 1942 – 1958 |
HMAS Dubbo II | 1984 – 2006 |
HMAS Duchess | 1964 – 1977 |
HMAS Echuca | 1942- 1952 |
HMAS Farncomb | 1998 – Present |
HMAS Falie | 1940 – 1946 |
HMAS Flinders | 1973 – 1998 |
HMAS Forceful | 1942 – 1943 |
HMAS Fremantle I | 1943 – 1961 |
HMAS Fremantle II | 1980 – 2006 |
HMAS Gascoyne I | 1946 – 1966 |
HMAS Gascoyne II | 2001 – Present |
HMAS Gawler I | 1942 – 1946 |
HMAS Gawler II | 1983 – 2006 |
HMAS Gayundah | 1944 – 1981 |
HMAS Geelong I | 1942 – 1944 |
HMAS Geelong II | 1984 – 2006 |
HMAS Geraldton I | 1942 – 1946 |
HMAS Geraldton II | 1983 – 2006 |
HMAS Gladstone I | 1943 – 1956 |
HMAS Gladstone II | 1984 – 2007 |
HMAS Glenelg I | 1942 – 1957 |
HMAS Goorangai | 1939 – 1940 |
HMAS Goulburn | 1941 – 1947 |
HMAS Gull | 1962 – 1972 |
HMAS Gunbar | 1940 – 1946 |
HMAS Gympie | 1942 – 1961 |
HMAS Hawk I | 1940 – 1945 |
HMAS Hawk II | 1962 – 1976 |
HMAS Hawkesbury I | 1944 – 1955 |
HMAS Hawkesbury II | 2000 – Present |
HMAS HDML 1347 | 1945 – 1946 |
HMAS Heros | 1940 – 1942, 1943 – 1947 |
HMAS Hobart II | 1965- 2000 |
HMAS Horsham | 1942 – 1961 |
HMAS Huon | 1999 – Present |
HMAS Ibis | 1962 – 1984 |
HMAS Inverell | 1942 – 1952 |
HMAS Ipswich I | 1942 – 1946 |
HMAS Ipswich II | 1982 – 2007 |
HMAS Jeparit | 1969 – 1971 |
HMAS Jervis Bay I | 1977 – 1996 |
HMAS Jervis Bay II | 1999 – 2001 |
HMAS Junee | 1944 – 1958 |
HMAS Kalgoorlie | 1942 – 1946 |
HMAS Kangaroo | 1940 – 1955 |
HMAS Kanimbla I | 1943 – 1949 |
HMAS Kanimbla II | 1994 – 2011 |
HMAS Kapunda | 1942 – 1961 |
HMAS Kara Kara | 1941 – 1972 |
HMAS Katoomba | 1940 – 1957 |
HMAS Kiama | 1942 – 1952 |
HMAS Kimbla | 1956 – 1985 |
HMAS King bay | 1940 – 1946 |
HMAS Kookaburra | 1939 – 1958 |
HMAS Koopa | 1942 – 1947 |
MSA Koraaga | 1989 – 200 |
HMAS Kuru | 1941 – 1943 |
HMAS Kuttabul | 1940 – 1942 |
HMAS Labuan I | 1946 – 1955 |
HMAS Labuan II | 1973 – 2014 |
HMAS Lachlan | 1945 – 1949 |
HMAS Ladava | 1968 – 1975 |
HMAS Lae I | 1946 - 1955 |
HMAS Lae II | 1968 – 1975 |
HMAS Latrobe | 1942 – 1956 |
HMAS Launceston I | 1942 – 1946 |
HMAS Launceston II | 1982 – 2006 |
HMAS Leeuwin | 2000 – Present |
HMAS Lismore | 1941 – 1956 |
HMAS Lithgow | 1941 – 1956 |
HMAS LST 3008 | 1946 – 1950 |
HMAS LST 3014 | 1946 – 1950 |
HMAS LST 3022 | 1946 – 1950 |
HMAS Macquarie | 1945 – 1962 |
HMAS Madang | 1968 – 1975 |
HMAS Manoora I | 1939 – 1947 |
HMAS Manoora II | 1994 – 2011 |
HMAS Maroubra | 1942 – 1943 |
HMAS Maryborough I | 1941 - 1947 |
HMAS Matafele | 1943 – 1944 |
HMAS Mavie | 1941 – 1942 |
HMAS Medea | 1942 – 1945 |
HMAS Melbourne II | 1955 – 1982 |
HMAS Melbourne III | 1992 – Present |
HMAS Melville | 2000 – Present |
HMAS Mercedes | 1942 – 1945 |
Merkur | 1942 – 1949 |
HMAS Mermaid | 1989 – Present |
HMAS Mildura | 1941 – 1956 |
HMAS ML 827 | 1943 - 1944 |
HMAS Mombah | 1940 - 1948 |
HMAS Moresby II | 1964 – 1997 |
HMAS Murchison | 1945 – 1962 |
HMAS Nambucca | 1940 – 1943 |
HMAS Napier | 1940 – 1945 |
HMAS Nepal | 1942 – 1945 |
HMAS Nestor | 1941 – 1942 |
HMAS Newcastle | 1994 – Present |
HMAS Nizam | 1941 – 1945 |
HMAS Norman I | 1941 – 1945 |
HMAS Norman II | 2000 – Present |
HMAS Onslow | 1969 – 1999 |
HMAS Orion | 1977 – 1997 |
HMAS Otama | 1978 – 1999 |
HMAS Otway II | 1968 – 1994 |
HMAS Ovens | 1969 – 1995 |
HMAS Oxley II | 1967 – 1992 |
HMAS Paluma II | 1941 – 1945 |
HMAS Paluma III | 1946 – 1973 |
HMAS Paluma IV | 1989 – Present |
HMAS Parkes | 1944 – 1957 |
HMAS Parramatta II | 1940 – 1941 |
HMAS Parramatta III | 1961 – 1991 |
HMAS Patricia Cam | 1942 – 1943 |
HMAS Perth II | 1965 – 1999 |
HMAS Ping Wo | 1942 – 1946 |
HMAS Pirie | 1942 – 1946 |
HMAS Polaris | 1942 – 1945 |
HMAS Porpoise | 1973 – 1989 |
HMAS Poyang | 1942 – 1946 |
HMAS Protector II | 1990 – 1998 |
HMAS Rankin | 2003 – Present |
ASRV Remora | 1995 – 2006 |
HMAS Reserve | 1943 – 1961 |
HMAS Rockhampton | 1942 – 1961 |
Rona | 1943 – 1946 |
HMAS Rushcutter | 1986 – 2001 |
HMAS Salamaua | 1973 – 1974 |
HMAS Samarai | 1968 – 1975 |
HMAS Samuel Benbow | 1940 – 1946 |
HMAS Seal | 1968 – 1988 |
HMAS Sheean | 2000 – Present |
HMAS Shepparton I | 1943 – 1958 |
HMAS Shepparton II | 1990 – Present |
HMAS Shoalhaven | 1945 - 1962 |
HMAS Shoalwater | 1987 – 2001 |
HMAS Shropshire | 1943 – 1949 |
HMAS Sleuth | 1940 - 1945 |
HMAS Snipe | 1962 – 1983 |
HMAS Stalwart | 1966 – 1989 |
HMAS Stawell | 1943- 1952 |
HMAS Steady Hour | 1941 – 1945 |
HMAS Stella | 1942- 1945 |
HMAS Strahan | 1944 – 1961 |
HMAS Stuart I | 1933 – 1946 |
HMAS Stuart II | 1963 – 1991 |
HMAS Stuart III | 2002 – Present |
HMAS St Giles | 1940 – 1946 |
HMAS Success | 1986 – Present |
HMAS Supply | 1962 – 1985 |
HMAS Swan II | 1937 - 1964 |
HMAS Swan III | 1970 – 1996 |
HMAS Sydney III | 1948 – 1973 |
HMAS Sydney IV | 1983 – 2015 |
TRV Tailor | 1971 – 1988 |
DT Tammar | 1984 – 1998 |
HMAS Tamworth | 1942 – 1946 |
HMAS Tarakan I | 1946 – 1954 |
HMAS Tarakan II | 1973 – 2014 |
HMAS Teal | 1962 – 1979 |
HMAS Terka | 1940 – 1945 |
Telopea crane stores lighter | 1972 – 1997 |
HMAS Terka | 1940 – 1945 |
HMAS Tobruk I | 1950 - 1972 |
HMAS Tobruk II | 1981 – 2015 |
HMAS Toowoomba I | 1941 – 1946 |
HMAS Torrens II | 1971 – 1998 |
HMAS Townsville I | 1941 – 1956 |
HMAS Townsville II | 1981 – 2007 |
TRV Trevally | 1970 – 1988 |
TRV Tuna | 1970 – 1988 |
HMAS Uralba | 1942 – 1945 |
HMAS Vampire I | 1933 – 1942 |
HMAS Vampire II | 1959 – 1985 |
HMAS Vendetta I | 1933 – 1945 |
HMAS Vendetta II | 1958 – 1979 |
HMAS Vengeance | 1952 – 1955 |
HMAS Vigilant | 1940 – 1945 |
HMAS Voyager I | 1933 – 1942 |
HMAS Voyager II | 1957 – 1964 |
HMAS Wagga | 1942 – 1962 |
Wallaby | 1983 – 1997 |
HMAS Wallaroo | 1942 – 1943 |
MSA Wallaroo | 1991 - 2010 |
HMAS Waree | 1942 – 1946 |
HMAS Waller | 2001 – Present |
HMAS Warramunga I | 1942 – 1963 |
HMAS Warramunga | 2001 – Present |
HMAS Warrego II | 1940 – 1963 |
Warrigal | 1984 – 1997 |
HMAS Warrnambool | 1941 – 1947 |
HMAS Warrnambool | 1981 – 2005 |
HMAS Wato | 1941 – 1945 |
Wattle | 1972 – 1997 |
HMAS Waterhen | 1933 – 1941 |
HMAS Westralia I | 1939 – 1949 |
HMAS Westralia II | 1989 – 2006 |
HMAS Wewak | 1973 – 2012 |
HMAS Whang Pu | 1944 – 1946 |
HMAS Whyalla I | 1942 – 1947 |
HMAS Whyalla II | 1982 – 2005 |
HMAS Wollongong I | 1941 – 1946 |
HMAS Wollongong II | 1981 – 2005 |
Wombat | 1983 – 1997 |
HMAS Wongala | 1939 – 1944 |
HMAS Woomera | 1946 – 1960 |
HMAS Wyatt Earp | 1947 – 1951 |
Wyulda | 1984 – 1997 |
HMAS Yandra | 1940 – 1946 |
HMAS Yarra II | 1961 – 1985 |
HMAS Yarra III | 1961 – 1985 |
HMAS Yarra IV | 2003 – Present |
STS Young Endeavour | 1988 - Present |
HMAS Yunnam | 1944- 1946 |
Asbestos on RAN Ships 2011 Onwards
Although Navy was directed by Defence Minister to eradicate Asbestos by 31 December 2010, the following is a list of OHSIR (Occupational Health Safety Incident Report) has been raised by ships stating potential asbestos exposure. These occurrences should have had either an AC563 or Sentinel report to accompany the exposure to personnel.
• 2011 HMAS Newcastle
• 2011 HMAS Darwin
• 2011 HMAS Stuart
• 2012 HMAS Sydney
• 2012 HMAS Tobruk
• 2012 HMAS Tobruk
• 2012 HMAS Success
• 2012 HMAS Paluma
• 2014 HMAS Sydney
• 2015 HMAS Success
• 2016 HMAS Perth
• 2016 HMAS Melbourne
4.5 Medical Connections to Service
- Log in [295] to post comments
VEA ? [296]
This chapter outlines how Statements of Principles [9] [glossary:(:]SoPs [9][glossary:):] are made and used to connect particular injuries [9], diseases [9] or deaths to service. It outlines the role of the Repatriation Medical Authority [9] [glossary:(:]RMA [9][glossary:):] and the Specialist Medical Review Council [9] [glossary:(:]SMRC [9]) in investigating and reviewing SoPs.
See Also
Medical Connections to Service
Chapter 4.1 Disability Pension Eligibility [173]
Chapter 4.4 Causal Connection of Injury and Disease with Service [4]
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
4.5.1 Overview of Medical Connections to Service
- Log in [299] to post comments
What are Statements of Principles?
The Statements of Principles [9] (SoPs [9]) are legislative instruments that provide exclusive factors determined by the Repatriation Medical Authority [9] RMA [9] to be the cause of certain diseases [9], injuries [9] or deaths, based on sound medical-scientific evidence [9]. SoPs are based on the most up to date national and international medical-scientific knowledge. There are two SoPs for each medical condition, one for operational [9] and war-like service [9] and one for other eligible service [9].
More → [300]
How are SoPs used?
The SoPs alone determine what factors can be said to cause a medical condition that is the subject of a claim for disability compensation payment [9]. A veteran [9] or dependant can look at the list of factors listed in SoP as causing a condition and see if any might be applicable to their particular circumstances. All decision-makers must decide whether any of the factors in the SoP for the condition being investigated apply to the person making the claim, and whether the factor(s) are related to the person's service.
More → [301]
Investigation and review of Statements of Principles by the RMA
The RMA investigates requests for new SoPs or changes to existing SoPs either formally or informally. It can also investigate on its own initiative. A review of an existing SoP, or the decision not to issue a SoP, may be based on new medical research or on a medical opinion.
More → [302]
Review of RMA decisions on Statements of Principles by the SMRC
The Specialist Medical Review Council [9] SMRC [9] can review a formal decision on a SoP. The SMRC is required to review all the information that was available to the RMA when it determined a SoP or chose not to issue a SoP in respect of a medical condition. Oral and written submissions that address the information that was available to the RMA may also be considered in the review.
More → [303]
Investigation and review by the RMA
4.5.4/Investigation and Review of Statements of Principles by the RMA [308]
Review of RMA decisions by SMRC
4.5.4/Review of RMA Decisions on Statements of Principles by the SMRC [310]
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5AB(2), information about a particular kind of injury [9], disease [9], or death is taken to be sound medical evidence if the information:
- is consistent with material relating to medical science that has been published in a medical or scientific publication and has been, in the opinion of the RMA [9], subjected to a peer review process, or
- in accordance with generally accepted medical practice, would serve as the basis for the diagnosis and management of medical condition.
Information about how that kind of injury, disease or death may be caused must meet the applicable criteria for assessing causation currently applied in the field of epidemiology [9].
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
Warlike service is defined in Subsection 5C(1) VEA [65] to mean:
- service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.
See also definition of war like operations [9].
Eligible war service is:
- operational service [9], or
- continuous full-time service [9] (not being operational service) as a member of the Australian Defence Force (ADF) [9] during World War 1, or
- continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
- continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
- been employed on a ship as an Australian Mariner [9] during World War 2, to 29 October 1945.
Section 7 of the VEA provides a full definition of eligible war service.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
- a pension paid by way of compenstion for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
- temporary incapacity allowance; or
- any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged (usually paid by another Commonwealth country).
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
4.5.2 What are Statements of Principles?
- Log in [312] to post comments
VEA ? [313]
What are Statements of Principles?
VEA ? [314]
The Statements of Principles [9] (SoPs [9][glossary:):] are legislative instruments that provide exclusive factors determined by the Repatriation Medical Authority [9] [glossary:(:]RMA [9][glossary:):] to be the cause of certain diseases [9], injuries [9] or deaths, based on sound medical-scientific evidence [9].
More ? [315]
Two SoPs for each condition
There are two SoPs for each medical condition, one for operational [9] and war-like service [9] and one for other eligible service [9]. This is because the different types of service attract different standards of proof for determining claims. These standards of proof are the:
- reasonable hypothesis for operational service, [glossary:peacekeepin:] — [glossary:g service:] [316], or hazardous service [9], and
- balance of probabilities for eligible war service or defence service [9]. More ? [317]
SoP for operational, peacekeeping or hazardous service
VEA ? [318]
The RMA decides whether there is sound medical-scientific evidence that indicates that a particular kind of injury, disease or death can be related to operational service, peacekeeping service or hazardous service. In order for there to be a reasonable hypothesis connecting such an injury or disease or death with service, it must be possible that a causal connection between a factor in the relevant SoP and service can be established. If this is the case a SoP will be determined for that condition setting out:
- the factors that must as a minimum exist, and
- which of those factors must be related to service rendered by a person. More ? [319]
SoP for eligible or defence service
VEA ? [320]
The RMA decides whether according to the sound medical-scientific evidence available, it is more probable than not that a particular kind of injury, disease or death can be related to eligible war service (other than operational service) or defence service (other than hazardous service). If this is the case, a SoP will be determined for that condition setting out:
- the factors that must exist, and
- which of those factors must be related to service rendered by a person. More ? [321]
Section 196B [102] VEA SoP for operational, hazardous, peacekeeping service
Section 196B(14) [102] VEA factors causing or contributing to an injury, disease or death related to service
Types of Service
Chapter 1.2 [6]
Causal Connection of Injury or Disease with Service
Chapter 4.4 [4]
Section 196B(3) [102] VEA SoP for eligible defence service
Section 196B(14) [102] VEA factors causing or contributing to an injury, disease or death related to service
Section 196B(3) [102] VEA SoP for eligible or defence service
Section 196B(14) [102] VEA factors causing or contributing to an injury, disease or death relating to service
Types of Service
Chapter 1.2 [6]
Causal Connection of Injury or Disease with Service
Chapter 4.4 [4]
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
According to subsection 5AB(2), information about a particular kind of injury [9], disease [9], or death is taken to be sound medical evidence if the information:
- is consistent with material relating to medical science that has been published in a medical or scientific publication and has been, in the opinion of the RMA [9], subjected to a peer review process, or
- in accordance with generally accepted medical practice, would serve as the basis for the diagnosis and management of medical condition.
Information about how that kind of injury, disease or death may be caused must meet the applicable criteria for assessing causation currently applied in the field of epidemiology [9].
Operational service is generally service performed:
- outside Australia,
- during war like operations in which Australian Defence Forces were involved, and
- in areas where the incurred level of risk is considered above that of normal peacetime conditions.
Refer to section 6 of the VEA through to 6F of the VEA for a full explanation of operational service.
Warlike service is defined in Subsection 5C(1) VEA [65] to mean:
- service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.
See also definition of war like operations [9].
Eligible war service is:
- operational service [9], or
- continuous full-time service [9] (not being operational service) as a member of the Australian Defence Force (ADF) [9] during World War 1, or
- continuous full-time service (not being operational service) as a member of the Australian Defence Force during World War 2, being service that commenced before 1 July 1947, or
- continuous full-time service (not being operational service) as a member of the Interim Forces during World War 2, being service on or after 1 July 1947, or
- been employed on a ship as an Australian Mariner [9] during World War 2, to 29 October 1945.
Section 7 of the VEA provides a full definition of eligible war service.
According to subsection 120(7) of the VEA [28], Hazardous service is service in the Defence Force of a kind determined by the Minister for Defence to be hazardous service.
Hazardous service includes activity that exposes individuals or units to risks above the normal peacetime and training duties such as bomb and mine clearance, aid to civil power or protected evacuations.
A member of the Defence Force who has served for a continuous period of effective full-time service of not less than three years between the period 6 December 1972 and 7 April 1994 has rendered defence service. Refer to section 68 of the VEA for the full definition [28].
4.5.3 How are Statements of Principles Made and Used?
- Log in [331] to post comments
How are SoPs made?
The Repatriation Medical Authority [9] [glossary:(:]RMA [9]) decides the SoPs [9] after extensive investigations of the medical literature and research available worldwide. They are then gazetted in the Australian Government Gazette and tabled in both Houses of Federal Parliament. They become effective from the date they are signed by the Chairman of the RMA and remain law unless either House of the Australian Parliament disallows them. Veterans and ex-service organisations can ask the RMA to make a new SoP if one does not already exist or to review a SoP if they believe that there is additional information available. This additional material needs to be sound medical-scientific evidence [9] rather than a personal medical report or passages from a textbook.
More → [332]
How are SoPs used?
VEA → [333]
SoPs provide a list of factors causally related to a particular medical condition. SoPs alone determine what factors can be said to cause a medical condition that is the subject of a claim for disability compensation payment [9]. A veteran or dependant can look at the list of factors and see if any might be applicable to their particular circumstances. Decision-makers must decide whether any of the factors in the SoP for the condition being investigated apply to the person making the claim. If one of the factors applies then the decision-maker must see if it is also connected to the service of the serviceman or servicewoman.
More → [334]
Causal Connection of Injury or Disease with Service
Chapter 4.4 [4]
Disability Pension Eligibility
Chapter 4.1 [173]
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
According to subsection 5AB(2), information about a particular kind of injury [9], disease [9], or death is taken to be sound medical evidence if the information:
- is consistent with material relating to medical science that has been published in a medical or scientific publication and has been, in the opinion of the RMA [9], subjected to a peer review process, or
- in accordance with generally accepted medical practice, would serve as the basis for the diagnosis and management of medical condition.
Information about how that kind of injury, disease or death may be caused must meet the applicable criteria for assessing causation currently applied in the field of epidemiology [9].
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
- a pension paid by way of compenstion for incapacity from war caused conditions, or peacetime, peacekeeping or hazardous service caused conditions (other than a war widow's or orphan's pension); or
- temporary incapacity allowance; or
- any other payment in respect of incapacity or death resulting from war or war-like operations in which the Crown has been engaged (usually paid by another Commonwealth country).
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
4.5.4 Investigation and Review of Statements of Principles
- Log in [340] to post comments
The RMA [9] may investigate the possibility of making a Statement of Principle [9] [glossary:(:]SoP [9][glossary:):] in respect of a certain disease, injury or death, or review a previous decision not to make a SoP. It can also review the contents of an existing SoP. This can be on its own initiative, or by request. The SMRC is able to review any decision by the RMA to make or change a SoP, or not to make or change a SoP, by examining the information that was available to the RMA at the time of its decision.
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
Investigation and Review of Statements of Principles by the RMA
- Log in [341] to post comments
Can the RMA change its decision on a SOP?
VEA → [342]
There is new research in medicine all the time and the RMA [9] keeps its SoPs [9] as up to date as possible. This means that sometimes research reveals new factors. New factors can then be added. Sometimes new research shows that what was once thought to be a possible cause is not. That factor can be removed, or the SoP can be revoked. The RMA is able to investigate requests for new SoPs or changes to existing SoPs either formally or informally, or can investigate changes on its own initiative.
More → [343]
Who can request a formal review of a SoP?
VEA → [344]
The following people may request a formal review of a SoP:
- the Commission [9],
- a person eligible to make a claim for pension under Part II [345] VEA or Part IV [346] of the [glossary:VEA,:] or
- any organisation representing veterans [9], Australian mariners, members of Peacekeeping Forces [9] or their dependants.
Request for an informal review of a SoP
A veteran or their representative may request an informal review of a SoP's contents by writing a letter to DVA [9] or the RMA. This request may be in the light of a medical opinion or a medical article that they feel runs contrary to the SoP. There are no time limits imposed on the informal review. An informal decision by the RMA cannot be taken further to the Specialist Medical Review Council [9] [glossary:(:]SMRC [9][glossary:):] for review.
More → [347]
Request for a formal review of a SoP
VEA → [348]
A formal request for a review of a SoP must be made on a form and lodged with the Department. In these circumstances, the RMA must conduct a review unless it has conducted a formal review of the same matter within the past twelve months, or if the RMA decides not to carry out the investigation under section 196CA of the VEA. The applicant may make a submission in writing to the RMA on any matter (other than a legal matter) relevant to the review. If, at the end of the review, the RMA declines to amend the SoP, it must provide reasons for its decision in writing. The SMRC [9] can review a formal decision made by the RMA.
More → [349]
On what basis can a formal review of a SoP be requested?
VEA → [350]
A person or organisation requesting a formal review may ask the RMA to:
- carry out an investigation to determine whether a SoP can be made in respect of a particular disease [9], injury [9] or death,
- review a previous decision not to make a SoP in respect of a particular disease, injury or death, or
- review the contents of an existing SoP.
Powers of the RMA to investigate
VEA → [351]
The RMA may not carry out any new research or experimentation for the purpose of an investigation. The RMA may ask the Secretary to:
- forward any information relating to the kind of injury, disease or death under investigation;
- in the possession of the Secretary, or
- that the Secretary may obtain, or
- carry out research or experimentation to obtain, confirm, or disprove, specific information about that kind of injury, disease or death.
Section 196E(2) [359] VEA Request must be on an approved form
Section 196C(4) [360] VEA Review has been carried out in the last 12 months
Section 196F [361] VEA Submissions to the Authority
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
According to Section 179 [28]of the VEA [28], the Commission is a body corporate under the name of Repatriation Commission.
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
“Member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force."
The Department of Veterans' Affairs.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
According to subsection 5D(1), disease means:
- any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development), or
- the recurrence of such an ailment, disorder, defect or morbid condition,
but does not include:
- the aggravation of such an ailment, disorder, defect or morbid condition, or
- a temporary departure from:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
- a disease, or
- the aggravation of a physical or mental injury.
Review of RMA Decisions on Statements of Principles by the SMRC
- Log in [367] to post comments
VEA → [368]
Who can request a review of a SoP by the SMRC?
VEA → [369]
A formal decision made by the RMA [9] on a SoP [9] can be reviewed by the SMRC [9]. The application for review must be lodged within three months of that decision being made, and must be on a form approved by the SMRC. A review of a SoP by the SMRC may be sought by:
- the [glossary:Commission:][glossary:,:] [370]
- a person eligible to make a claim for a pension under Part II or Part IV [346] of the VEA, or
- an organisation representing veterans [9], Australian mariners, members of the Forces [9], members of the [glossary:Peacekeeping Forces:] or their dependants. More → [371]
On what basis can a review by the SMRC be sought?
VEA → [372]
A review by the SMRC can be sought on the basis that:
- A SoP is wrong or contains incorrect information, or
- The RMA has refused to investigate a SoP, or
- The RMA has made a decision not to issue a SoP.
A request for a review must state on what grounds the request is being made.
What information can the SMRC consider?
VEA → [373]
In determining, reviewing or deciding not to issue an SoP regarding a particular medical condition, the RMA may rely only on sound medical-scientific evidence [9] that has been submitted to it or that it has obtained on its own initiative from the Secretary or a consultant. The SMRC is required to review all the information that was available to the RMA when it determined a SoP or chose not to issue a SoP in respect of a medical condition. This means that the RMA must send to the SMRC a copy of all the information that was available to it when it determined, or amended, the SoPs. The intention is that the SMRC reviews the information to determine whether or not the contents of the SoP reflects the sound medical-scientific evidence contained in that information. The SMRC must review all information available to the RMA. The SMRC must review all the information prtaken the view that this includes taking into account submissions that explain, analyse or comment on the information that was before the RMA.
Oral and written submissions by experts
VEA → [374]
Submissions made to the SMRC in the context of a review of a SoP must be in writing. Where the person or body making the submission appears before the SMRC, they may make an oral submission to complement the written submission. Submissions can be about any information that was available to the RMA and is relevant to the SMRC's review. A person having expertise in a field relevant to the investigation may make a submission in writing to the Review Council on any relevant information pertaining to that field.
Payments for submissions, reports and witnesses for purpose of review
VEA → [375]
There are provisions relating to payment of medical and travelling expenses to assist applicants to obtain relevant documentary medical evidence. Payment relates to the obtaining of medical reports and submissions from relevant medical-scientific experts that explain, analyse or comment upon the information that was available to the RMA. Application, approval and payment is a function of the Repatriation Commission not the SMRC.
9/05/01 — Page 1
Section 196Y [378] VEA Request for review of contents of SoP
Section 196Z [379] VEA Request for review of decision of RMA not to carry out an investigation
Section 196Y [378] VEA Request for review of contents of SoP
Section 196Z [379] VEA Request for review of decision of RMA not to carry out an investigation
Section 196ZA [386] VEA Submissions to Review Council
Section 5AB [387] VEA - Definition of sound medical-scientific evidence
Section 196ZN [389] VEA Medical expenses
Section 196ZO [390] VEA Travelling expenses for obtaining medical evidence
Section 196ZP [391] VEA Advance of travelling expenses
The RMA is a panel of five medical and scientific experts appointed by the Minister for Veterans' Affairs after consultation with the ex-service and veteran community.
The role of the RMA is:
- to determine whether there is sound medical-scientific evidence [9] that links particular kinds of injury [9], disease [9] or death with war or defence service; and
- to reflect the causal links in legally binding Statement of Principles [9] (SoPs).
Statement of Principles means:
- a Statement of Principles determined by the RMA [9] under section 196B of the VEA; or
- a determination made by the Repatriation Commission under section 180A of the VEA; or
- a Statement of Principles concerning a particular kind of injury [9] or disease [9] made available to the VRB [9] by the Repatriation Commission under paragraph 138(2)(a) of the VEA.
The SMRC is an independent statutory body that is able to review the decisions the Repatriation Medical Authority (RMA) [9] makes about Statement of Principles [9] (SoPs). The SMRC will consider all of the material that was available to the RMA and any material that the review applicant wants to make available. There are no legal questions decided by the SMRC and no lawyers may address the SMRC. The SMRC decides whether it would have made a different decision than the RMA on the basis of the same sound medical-scientific evidence [9]. Refer to sections 196V and 196W.
For the purposes of Part VI of the VEA [28], a reference to a veteran is taken to be a reference to:
- a veteran as defined in subsection 5C(1) of the VEA [28];
- a member of the Forces as defined in subsection 68(1) of the VEA [28]; or
- a member of a Peacekeeping Force as defined in subsection 68(1) of the VEA [28].
For the purposes of Part VII of the VEA [28], according to subsection 5C(1), veteran means a person (including a deceased person):
- who is taken to have rendered eligible war service [9], or
- in respect of whom a pension is, or pensions are, payable under subsection 13(6) and
- in Part III and Part VIIC of the VEA [28] includes a person who is:
- a Commonwealth veteran [9], or
- an allied veteran, or
- an allied mariner.
A member of the forces is a person who served in the defence force for a continuous period that commenced after 7 December 1972 and has the type of service required in sections 69, 69A and 69B of the VEA.
According to subsection 5AB(2), information about a particular kind of injury [9], disease [9], or death is taken to be sound medical evidence if the information:
- is consistent with material relating to medical science that has been published in a medical or scientific publication and has been, in the opinion of the RMA [9], subjected to a peer review process, or
- in accordance with generally accepted medical practice, would serve as the basis for the diagnosis and management of medical condition.
Information about how that kind of injury, disease or death may be caused must meet the applicable criteria for assessing causation currently applied in the field of epidemiology [9].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15962%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/15953%23comment-form
[3] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/98-guide-assessment-rates-veterans-pensions-garp
[4] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service
[5] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service
[6] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types
[7] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims
[8] https://clik.dva.gov.au/user/login?destination=node/15977%23comment-form
[9] https://clik.dva.gov.au/%23
[10] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn1
[11] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn2
[12] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn3
[13] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn4
[14] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn5
[15] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn6
[16] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility/412-eligibility-requirements-disability-compensation-payment
[17] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn1
[18] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility/413-general-rate-eligibility
[19] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn2
[20] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility/414-extreme-disablement-adjustment-eligibility
[21] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn3
[22] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility/415-intermediate-rate-eligibility
[23] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn4
[24] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility/416-special-rate-tpi-or-tti-eligibility
[25] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn5
[26] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility/417-increased-rate-disability-compensation-payment-specific-disabilities-eligibility
[27] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn6
[28] http://clik.dva.gov.au/legislation-library
[29] http://www.comlaw.gov.au/Series/C2004A03268
[30] https://clik.dva.gov.au/user/login?destination=node/15980%23comment-form
[31] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn7
[32] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn8
[33] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn9
[34] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn10
[35] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn11
[36] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn12
[37] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn13
[38] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn14
[39] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn15
[40] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn16
[41] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn17
[42] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn18
[43] clik://LEGIS/VEA/section 5Q(1)
[44] clik://LEGIS/VEA/section 5C
[45] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn7
[46] clik://LEGIS/VEA/section 13
[47] clik://LEGIS/VEA/section 70
[48] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn8
[49] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/121-qualifying-service/determinations-warlike-service
[50] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn9
[51] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/operational-service
[52] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn10
[53] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/peacekeeping-service
[54] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn11
[55] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/hazardous-service
[56] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn12
[57] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-pension/eligible-war-service
[58] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn13
[59] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn14
[60] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn15
[61] clik://LEGIS/VEA/section 9(6)
[62] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn16
[63] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn17
[64] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn18
[65] http://www.comlaw.gov.au/Details/C2015C00011
[66] clikpopup://DEF/VEA
[67] https://clik.dva.gov.au/user/login?destination=node/15975%23comment-form
[68] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn19
[69] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn20
[70] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn21
[71] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn22
[72] clik://LEGIS/VEA/section 22
[73] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn19
[74] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn20
[75] clik://LEGIS/VEA/section 5D(2)
[76] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn21
[77] clik://LEGIS/VEA/section 29
[78] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn22
[79] https://clik.dva.gov.au/user/login?destination=node/15966%23comment-form
[80] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn23
[81] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn24
[82] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn25
[83] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn26
[84] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn27
[85] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn28
[86] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn23
[87] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn24
[88] clik://LEGIS/VEA/section 22(4)
[89] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn25
[90] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn26
[91] clik://RESEARCH/G5-instrument
[92] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn27
[93] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn28
[94] https://clik.dva.gov.au/user/login?destination=node/15958%23comment-form
[95] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn29
[96] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn30
[97] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn31
[98] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn32
[99] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn33
[100] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn34
[101] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn35
[102] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[103] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn29
[104] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn30
[105] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn31
[106] https://clik.dva.gov.au/reports-studies-research-papers-library
[107] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn32
[108] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn33
[109] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn34
[110] https://clik.dva.gov.au/user/login?destination=node/15978%23comment-form
[111] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn36
[112] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn37
[113] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn38
[114] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn39
[115] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn40
[116] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn41
[117] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn42
[118] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn43
[119] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn44
[120] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn44
[121] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn45
[122] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn46
[123] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn47
[124] https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim
[125] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn36
[126] https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm5011-special-rate-pension
[127] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn37
[128] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn38
[129] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn39
[130] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn40
[131] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn41
[132] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn42
[133] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn43
[134] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn45
[135] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn46
[136] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn47
[137] http://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm5829-determining-permanently-blind-no-useful-sight-and-blinded-both-eyes#
[138] https://clik.dva.gov.au/user/login?destination=node/15964%23comment-form
[139] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn48
[140] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn49
[141] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn50
[142] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn48
[143] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn49
[144] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn50
[145] https://clik.dva.gov.au/user/login?destination=node/15967%23comment-form
[146] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn51
[147] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn52
[148] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn53
[149] clik://LEGIS/VEA/section 115B
[150] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn51
[151] https://clik.dva.gov.au/rehabilitation-policy-library/12-veterans-vocational-rehabilitation-scheme-guidelines
[152] clik://LEGIS/VVRS
[153] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn52
[154] clik://LEGIS/VEA/section 23(5)
[155] clik://LEGIS/VEA/section 24(5)
[156] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn53
[157] http://clik/legislation-library
[158] https://clik.dva.gov.au/user/login?destination=node/15965%23comment-form
[159] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn54
[160] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn55
[161] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn56
[162] clikpopup://DEF/Double Amputee
[163] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn57
[164] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn58
[165] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn59
[166] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn60
[167] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn61
[168] clikpopup://DEF/Income support supplement/ISS
[169] clikpopup://DEF/Widower
[170] clikpopup://DEF/Income
[171] clikpopup://DEF/Assets Test
[172] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn62
[173] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/41-disability-compensation-payment-eligibility
[174] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/43-orphans-pension-eligibility
[175] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/32-income-support-supplement-iss-eligibility
[176] https://clik.dva.gov.au/compensation-and-support-policy-library/part-8-bereavement-assistance/83-funeral-benefits
[177] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/71-treatment-departmental-expense
[178] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn54
[179] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn55
[180] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn56
[181] clik://LEGIS/VEA/section 13A
[182] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn57
[183] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/212-types-claims
[184] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn58
[185] clik://LEGIS/VEA/section 13(8A)
[186] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn59
[187] https://clik.dva.gov.au/compensation-and-support-policy-library/part-7-common-allowances-and-benefits/71-treatment-departmental-expense/712-dva-health-cards/dva-health-card-all-conditions-gold-card
[188] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn60
[189] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn61
[190] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn62
[191] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-7-compensation-death/72-need-accuracy-death-claims/721-voluntary-assisted-dying
[192] https://clik.dva.gov.au/user/login?destination=node/15973%23comment-form
[193] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn63
[194] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn64
[195] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn66
[196] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn66
[197] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn65
[198] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn67
[199] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn68
[200] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn69
[201] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn70
[202] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/42-war-widowswidowers-pension-eligibility
[203] https://clik.dva.gov.au/compensation-and-support-policy-library/part-6-veterans-compensation-allowances-and-benefits/61-veterans-children-education-scheme-vces
[204] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn63
[205] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn64
[206] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn65
[207] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/122-service-requirements-disability-compensation-payment
[208] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn67
[209] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn68
[210] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn69
[211] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn70
[212] https://clik.dva.gov.au/user/login?destination=node/15959%23comment-form
[213] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn71
[214] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn71
[215] https://clik.dva.gov.au/user/login?destination=node/15968%23comment-form
[216] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn72
[217] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn73
[218] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn74
[219] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn75
[220] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn76
[221] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn77
[222] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn78
[223] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn79
[224] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/442-relationship-injury-or-disease-service
[225] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn72
[226] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/443-service-contributed-or-aggravated-pre-existing-injury-or-disease
[227] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn73
[228] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/444-sporting-injuries
[229] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn74
[230] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/445-travelling-and-duty
[231] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn75
[232] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/446-injuries-occurring-during-domestic-activities-or-live-accommodation
[233] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn76
[234] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/447-injuries-resulting-medical-treatment
[235] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn77
[236] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/448-attendance-social-occasions
[237] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn78
[238] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/449-serious-default-wilful-act-breach-discipline
[239] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn79
[240] https://clik.dva.gov.au/user/login?destination=node/15961%23comment-form
[241] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn80
[242] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn81
[243] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn82
[244] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn83
[245] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn80
[246] https://clik.dva.gov.au/compensation-and-support-policy-library/part-1-service-requirements/12-service-types/123-requirement-continuous-full-time-service
[247] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn81
[248] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn82
[249] clik://LEGIS/VEA/section 8(1)
[250] clik://LEGIS/VEA/section 9(2)
[251] clik://LEGIS/VEA/section 70(6)
[252] clik://LEGIS/VEA/section 70(7)
[253] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn83
[254] https://clik.dva.gov.au/user/login?destination=node/15954%23comment-form
[255] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn84
[256] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn85
[257] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn86
[258] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn87
[259] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn88
[260] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn89
[261] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn84
[262] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn85
[263] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn86
[264] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn87
[265] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn88
[266] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn89
[267] https://clik.dva.gov.au/user/login?destination=node/15957%23comment-form
[268] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn90
[269] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn90
[270] https://clik.dva.gov.au/user/login?destination=node/15971%23comment-form
[271] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn91
[272] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn92
[273] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn93
[274] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn94
[275] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn91
[276] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn92
[277] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn93
[278] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn94
[279] https://clik.dva.gov.au/user/login?destination=node/15955%23comment-form
[280] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn95
[281] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn95
[282] https://clik.dva.gov.au/user/login?destination=node/15972%23comment-form
[283] https://clik.dva.gov.au/user/login?destination=node/15960%23comment-form
[284] https://clik.dva.gov.au/user/login?destination=node/15970%23comment-form
[285] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn96
[286] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn97
[287] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn98
[288] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn99
[289] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn96
[290] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn97
[291] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn98
[292] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn99
[293] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse
[294] mailto:L.and.SE.Policy@dva.gov.au
[295] https://clik.dva.gov.au/user/login?destination=node/15974%23comment-form
[296] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn100
[297] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/23-standard-and-onus-proof
[298] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn100
[299] https://clik.dva.gov.au/user/login?destination=node/15981%23comment-form
[300] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn101
[301] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn102
[302] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn103
[303] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn104
[304] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service/452-what-are-statements-principles
[305] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn101
[306] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service/453-how-are-statements-principles-made-and-used
[307] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn102
[308] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service/454-investigation-and-review-statements-principles/investigation-and-review-statements-principles-rma
[309] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn103
[310] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service/454-investigation-and-review-statements-principles/review-rma-decisions-statements-principles-smrc
[311] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn104
[312] https://clik.dva.gov.au/user/login?destination=node/15956%23comment-form
[313] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn105
[314] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn106
[315] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn107
[316] clikpopup://DEF/Peacekeeping Service
[317] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn108
[318] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn109
[319] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn110
[320] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn111
[321] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn112
[322] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn105
[323] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn106
[324] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn107
[325] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/23-standard-and-onus-proof/232-standards-proof
[326] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn108
[327] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn109
[328] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn110
[329] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn111
[330] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn112
[331] https://clik.dva.gov.au/user/login?destination=node/15969%23comment-form
[332] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn113
[333] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn114
[334] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn115
[335] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/45-medical-connections-service/454-investigation-and-review-statements-principles
[336] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn113
[337] clik://LEGIS/VEA/section 196B(14)
[338] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn114
[339] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn115
[340] https://clik.dva.gov.au/user/login?destination=node/15979%23comment-form
[341] https://clik.dva.gov.au/user/login?destination=node/15963%23comment-form
[342] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn116
[343] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn117
[344] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn118
[345] clik://LEGIS/VEA/Part II
[346] clik://LEGIS/VEA/Part IV
[347] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn119
[348] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn120
[349] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn121
[350] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn122
[351] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn123
[352] clik://LEGIS/VEA/section 196B(7)
[353] clik://LEGIS/VEA/section 196E(1)
[354] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn116
[355] clik://RESEARCH
[356] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn117
[357] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn118
[358] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn119
[359] clik://LEGIS/VEA/section 196E(2)
[360] clik://LEGIS/VEA/section 196C(4)
[361] clik://LEGIS/VEA/section 196F
[362] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn120
[363] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn121
[364] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn122
[365] clik://LEGIS/VEA/section 196C
[366] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn123
[367] https://clik.dva.gov.au/user/login?destination=node/15976%23comment-form
[368] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn124
[369] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn125
[370] clikpopup://DEF/Commission/Repatriation Commission
[371] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn126
[372] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn127
[373] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn128
[374] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn129
[375] https://clik.dva.gov.au/book/export/html/15962#tgt-cspol_part4_ftn130
[376] clik://LEGIS/VEA/Part XIB
[377] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn124
[378] clik://LEGIS/VEA/section 196Y
[379] clik://LEGIS/VEA/section 196Z
[380] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn125
[381] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn126
[382] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn127
[383] clik://LEGIS/VEA/section 196K
[384] clik://LEGIS/VEA/section 196W
[385] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn128
[386] clik://LEGIS/VEA/section 196ZA
[387] clik://LEGIS/VEA/section 5AB
[388] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn129
[389] clik://LEGIS/VEA/section 196ZN
[390] clik://LEGIS/VEA/section 196ZO
[391] clik://LEGIS/VEA/section 196ZP
[392] https://clik.dva.gov.au/book/export/html/15962#ref-cspol_part4_ftn130