This section discusses the fact that prior to the amendments made to the SRCA by the Military Compensation Act 1994, none of the Commonwealth workers' compensation Acts covered injuries received during War service or 'operational' (warlike) service.
In contrast to the SRCA, the VEA distinguishes between several types of military employment.
Peacetime, hazardous and peacekeeping service is and always has been covered by the SRCA and its predecessors. While these categories of service are defined by the VEA for its own purposes the SRCA does not in fact distinguish between them.
Last amended: 12 April 2011
However, Operational Service (although not titled as such by the SRCA itself), has great significance for the coverage of the SRCA. The actual legislative interaction is somewhat complex, i.e.:
However, in practice the outcome is simple. The VEA prevented the Compensation Acts from covering operational service from 1949 to 1994. After 7 April 1994 both the VEA and the SRCA can cover operational service.
Note: Subsection 5(10) is written in terms of it being the member's service 'in respect of which provision for the payment of pension is made by the VEA'. This does not suggest it is necessary to determine whether an injury/disease would be accepted under the VEA, only that it is necessary to determine which period(s) of service led to the condition.
At the primary and reconsideration decision making stage, claims assessors need to be clear on the causation of the condition and therefore the periods of service that apply. If these are periods of operational service only, then the SRCA cannot apply. However if a material contribution to the condition is related to a period of SRCA service, then s 5(10) does not deny claims under that Act.
Where this situation arises, and compensation (including permanent impairment compensation, incapacity payments, death benefits etc) is being paid for an injury/disease under both the VEA and the SRCA, then the relevant offsetting provisions will apply.
Last amended: 12 April 2011
In practice this means that prior to the SRCA amendments wrought by the Military Compensation Act on 7 April 1994, neither the SRCA nor any of the previous Commonwealth worker's compensation Acts applied to injuries or diseases arising solely out of 'Operational Service'.
However, following the insertion of Ss5(10A) by the Military Compensation Act on 7 April 1994, the SRCA began coverage of Operational Service. Note: This amendment had prospective effect only. The Act still does not apply to operational service prior to 7 April 1994.
Last amended: 12 April 2011
It is obviously important that Delegates be aware of what operational service has been declared. As a brief summary only, the periods/areas excluded from SRCA cover are:
However, Delegates should be aware that the above is a brief summary only. Where the coverage of any particular case remains in doubt, Delegates should refer to the Liability & Service Eligibility Policy section.
The form of service current at the time of the injury being relevant to individual cases, Delegates must investigate those circumstances. In most cases, however, the member's service record will state that he or she has operational service or will include sufficient information about his or her service overseas to make the appropriate judgement.
If it is not possible to make this judgement, further information should be sought from Defence via a DOCTRACKER request to the SAM team.
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