Section 12(1), (1AA) and (1A) of the 1930 Act continue to have effect, in relation to claims for lump- sums payable under the 1930 Act, despite the repeal of the 1930 Act.
This was confirmed, in relation to an equivalent provision under the 1971 Act (S39(14)), by the Full Federal Court in Hoyle v Telstra Corporation Limited (1997) where the Court held that S39(14) had substantive and not procedural effect. The Court rejected an argument that the transitional provisions in Part X of the SRCA had rendered S39(14) of the 1971 Act of no effect, see the discussion in chapter 8 [2].
Note that the Court accepted that an amount of lump-sum compensation could become payable if S39(14) ceases to have effect in a particular case, for example because a member ceases to be totally incapacitated or is no longer likely to become totally incapacitated. Circumstances where S39(14) ceases to have effect, possibly giving rise to entitlement to a transitional PI lump sum payment include:
Note: As of 1 July 2017, the incapacity payment cut-off age is aligned with Age Pension age [5].
Age Pension Age refers to pension age [5] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/20775%23comment-form
[2] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/permanent-impairment-handbook/ch-8-permanent-impairment-under-1971-act
[3] http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/1997/527.html?stem=0&synonyms=0&query=title(hoyle%20and%20telstra%20)
[4] http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/HCA/1955/24.html?stem=0&synonyms=0&query=title(commonwealth%20and%20matheson%20)
[5] https://clik.dva.gov.au/%23