Which Military Compensation Act(s) cover you?
Wright Lawyers and Associates is committed to supporting you, assist you if you were wounded or injured or developed an illness from your service in the Australian Defence Force. I have worked for The Department of Veterans’ Affairs (Military Compensation) for 25 years and now I have joined Wright Lawyers and Associates to provide excellent client service to you. I have searched The Department of Veteran’s Affairs (DVA) website to provide the different DVA Act’s that may apply to you.
You are not covered under the Military Rehabilitation & Compensation Act (MRCA) if all of your Australian Defence Force (ADF) service occurred prior to 1 July 2004. Instead, you will be covered under the Defence Rehabilitation Compensation Act 1988 (DRCA) and/or Department of Veterans Affairs (VEA) depending on the type and period of your service with the ADF.
Military Rehabilitation & Compensation Act 2004 (MRCA)
Military Rehabilitation & Compensation Act 2004 (MRCA)Source: Factsheet MRC01 – Overview of the Military Rehabilitation and Compensation Act 2004 (MRCA)
This Act provides for compensation and other benefits to be provided for current and former members of the Defence Force who suffer a service injury or disease in the military on or after the 01/07/2004. The Act also provides for compensation and other benefits to be provided for the dependants of some deceased members.
The Defence Rehabilitation Compensation Act 1988 (DRCA) is the compensation legislation that applies to current and former members of the Australian Defence Force (ADF) with conditions linked to service prior to 1 July 2004.
Defence Rehabilitation Compensation Act 1988 (DRCA)
Defence Rehabilitation Compensation Act 1988 (DRCA)Source: Factsheet MCS01 – Overview of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA)
Compensation coverage under the DRCA can be provided for injuries, diseases or deaths that are linked to most peacetime ADF service between 3 January 1949 and 30 June 2004 (which includes British Nuclear Test defence service) and for certain periods of operational service between 7 April 1994 and 30 June 2004, including warlike, non-warlike, hazardous and peacekeeping service.
The DRCA does not cover any ADF service prior to 3 January 1949, or any period of operational service prior to 7 April 1994. These types of service are covered under the Veterans’ Entitlements Act 1986 (VEA).
Veterans’ Entitlements Act (VEA) 1986
The Veterans’ Entitlements Act 1986 (VEA) covers service in wartime and certain operational deployments, as well as certain peacetime service between 7 December 1972 – 30 June 2004.
Veterans’ Entitlements Act (VEA) 1986Source: Veterans’ Entitlements Act (VEA)
For peacetime service eligibility, a member who had not completed a qualifying period of three years’ service prior to 7 April 1994 is not covered under the VEA unless they were medically discharged. British nuclear test defence service during the 1950s and 1960s in Australia is also covered when the relevant criteria are met.
If you have an injury or disease arising out of or aggravated by, a period of full-time service when you were covered under the VEA, you may be eligible for a disability pension and medical treatment. You may also be eligible for compensation under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) for the same disability and, if so, any compensation payable is offset against your pension. This is separate to and distinct from offsetting which occurs under the MRCA and DRCA between incapacity payments and the employer-funded portion of any Commonwealth superannuation received.
See this table to determine which Act(s) apply to you
- For service between 3 January 1949 and 7 December 1972, ADF member is covered under the DRCA only, for peacetime service; and under the VEA for operational and peacekeeping service. There was no provision for hazardous service at that time.
- Members who enlisted on or after 22 May 1986 and who did not complete 3 years continuous full-time service before 6 April 1994, but were discharged as medically unfit, may claim under the VEA.
- ‘Hazardous service’ is a service that has been declared, in writing, by the Minister of Defence, to be hazardous.
Do you know about Non-liability health care?
Non-Liability Health Care (NLHC) allows current and former ADF personnel and Reservists, depending on their eligibility, to receive treatment for any of the following conditions:
- Cancer (Malignant Neoplasm)
- Pulmonary Tuberculosis
- any mental health condition.
For more information on NLHC, please see Factsheet — HSV109 — Non-Liability Health Care.
To conclude, if any of the above criteria applies to you, Wright Lawyers and Associates will help you by providing excellent client service. Assist with completing and submitting claims and assessing permanent impairment compensation. Permanent impairment is if you have an injury or disease which is accepted as related to your ADF service you may be entitled to receive a permanent impairment payment in respect of any permanent physical and/or mental impairment in combination with any lifestyle restrictions resulting from your accepted conditions from DVA, this is assessed by a medical specialist.
Please call Nadine at 0490 136 467.
Don’t forget to get your FREE copy of “What are my entitlements?” Get it now