Chapter 2 [3] of this Handbook sets out the legislative framework for the administration of military compensation. Delegates should therefore be aware that the Safety, Rehabilitation and Compensation Act 1988 covers ADF members and ex-members (including reservists, cadets and declared members) for injuries/diseases as a result of service up until 30 June 2004.
Part X of the SRCA contains 'transitional provisions' which preserve the rights of those persons whose injuries, diseases etc. occurred during the currency of earlier Acts, i.e. though those Acts have now been repealed. Essentially, S124 of the SRCA says that a person with medical condition of pre-1988 origin is entitled to compensation during the currency of the SRCA if they would have been entitled under the legislation current at the time of the injury, i.e. as if that Act had not been repealed.
The superseded Acts are:
Note that the criteria for acceptance of accidental injuries suffered under the previous Acts, is essentially the same as that now current under the SRCA, i.e. 'arising out of or in the course of' employment. However, for acceptance of liability for diseases the criteria have some significant differences, i.e.:
These criteria are discussed at more length at 15 [6].1 and 15.2 [7].
As alluded to in 9.2 below, the 1930 Act did not originally apply to Defence Force members and there was thus no Workers Compensation coverage of this category or Commonwealth employee until the 1930 Act was amended. That amendment only became effective on 3 January 1949.
RCG Delegates therefore have no delegation to award compensation for injuries originating before 3 January 1 — 949.
The only recourse for a client with a pre-1949 peacetime injury, is to be considered by Department of Defence for an 'Act of Grace' payment under the Defence Act (1903). Act of Grace payments are only made in cases where there has been an inequity, i.e. a person has been disadvantaged in comparison to others (i.e. in the same class of person), by an obvious oversight or an absence or a defect of legislation. Act of Grace payments cover only those liability situations clearly inequitable and not intended by Parliament.
SRCA Delegates are not responsible for deciding any application for an Act of Grace payment. However, Delegates should investigate the merits of such cases i.e. against the same criteria as if they had coverage under the 1930 Act. The results of those investigations should then be forwarded to RCG Business Support, which will then make a submission to Compensation Policy at Department of Defence. It is Defence's decision as to whether or not to make such a payment.
In summary, the procedure for dealing with claims for pre-1949 injuries is:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20316%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/20323%23comment-form
[3] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability
[4] https://clik.dva.gov.au/user/login?destination=node/20195%23comment-form
[5] https://clik.dva.gov.au/user/login?destination=node/20104%23comment-form
[6] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work/151-separate-requirements-accidental-injury-or-disease
[7] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work/152-what-does-varying-nexus-mean-delegate
[8] https://clik.dva.gov.au/user/login?destination=node/20198%23comment-form