Military Compensation Act 1994
Act No. 54 of 1994 as amended
This compilation was prepared on 18 October 2000
taking into account amendments up to Act No. 118 of 1995
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
Part 1—Preliminary
1 Short title [see Note 1]...........................
2 Commencement [see Note 1].......................
Part 2—Amendments of the Safety Rehabilitation and Compensation Act 1988
3 Principal Act.................................
4 Employees..................................
5 Insertion of new section...........................
6 Compensation for injuries resulting in incapacity where employee is in receipt of a superannuation pension
7 Compensation for injuries resulting in incapacity where employee is in receipt of a lump sum benefit
8 Compensation for injuries resulting in incapacity if employee is in receipt of a superannuation pension and a lump sum benefit
9 Certain persons may request cessation of compensation payments..
10 Constitution..................................
11 Deduction of overpayments of repatriation pensions..........
Part 3—Amendments of the Veterans’ Entitlements Act 1986
12 Principal Act.................................
13 Interpretation.................................
14 Application of Part to members of the Forces..............
15 Insertion of new section...........................
16 Eligibility for pension under this Part...................
17 Transitional—payments by way of compensation or damages....
Notes
An Act to amend the Safety Rehabilitation and Compensation Act 1988 and the Veterans’ Entitlements Act 1986, and for related purposes
Part 1—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Military Compensation Act 1994.
2 Commencement [see Note 1]
This Act commences on the day on which it receives the Royal Assent.
Part 2—Amendments of the Safety Rehabilitation and Compensation Act 1988
3 Principal Act
In this Part, Principal Act means the Safety Rehabilitation and Compensation Act 1988.
4 Employees
Section 5 of the Principal Act is amended:
(a) by inserting after subsection (6) the following subsection:
“(6A) Without limiting subsection (6), the Minister may, by notice in writing, declare:
(a) that persons specified in the notice, being persons who:
(i) hold an honorary rank in the Defence Force; or
(ii) are members of a philanthropic organisation that provides services to the Defence Force; or
(iii) undertake resettlement training under an arrangement made by the Defence Force;
are, for the purposes of this Act, taken to be employed by the Commonwealth; and
(b) that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the notice; and such a declaration has effect accordingly.”.
(b) by omitting from subsection (10) “This” and substituting “Subject to subsections (11) and (12), this”;
(c) by omitting from paragraph (10)(a) “(other than Part IV)”;
(d) by adding at the end the following subsections:
“(11) Subsection (10) does not apply in relation to a veteran:
(a) who has rendered operational service on or after the day on…
Overview
The Military Compensation Act 1994, enacted by the Parliament of Australia, was introduced to address gaps in the compensation and rehabilitation provisions for military personnel and veterans, particularly those in relation to superannuation pensions and lump sum benefits. The Act amends the Safety Rehabilitation and Compensation Act 1988 and the Veterans’ Entitlements Act 1986 to ensure that military personnel and certain other groups are appropriately covered under the compensation schemes. The policy objective of the Act is to provide a comprehensive framework for compensating those who have been injured in the course of their duties, including addressing issues related to overpayments of repatriation pensions and ensuring that certain groups are recognised as employees for the purposes of compensation.
Scope and Application
The Military Compensation Act 1994 applies to certain persons and entities, primarily those involved in Defence Force activities and veterans, with the aim of amending the existing legislative framework to better cater to their specific needs and circumstances. This Act affects members of the Defence Force, members of the Air Training Corps, Australian Cadet Corps, and Naval Reserve Cadets, as well as persons declared by the Minister under certain conditions. Additionally, the Act extends its reach to individuals who are in receipt of superannuation pensions or lump sum benefits. The Act also amends provisions in the Safety Rehabilitation and Compensation Act 1988 and the Veterans’ Entitlements Act 1986, making adjustments to the eligibility criteria for pension payments, the conditions under which injuries are deemed to have arisen out of or in the course of employment, and the process for deducting overpayments of repatriation pensions. The Act applies nationally across Australia and its amendments are applicable to both Commonwealth and state jurisdictions. There are no explicit exclusions or exemptions outlined in the Act; however, it does provide for specific transitional provisions to ensure a smooth implementation of the amended laws. The Act’s scope may be further extended or refined through subordinate instruments, though such extensions or refinements are not detailed in the provided text.
Key Provisions
- The Military Compensation Act 1994 makes several significant amendments to the Safety Rehabilitation and Compensation Act 1988 and the Veterans' Entitlements Act 1986. Key amendments include the introduction of new provisions regarding the employment status of certain individuals associated with the Defence Force, such as honorary ranks, members of organisations providing services to the Defence Force, and those undergoing resettlement training (section 4). The Act also expands the definition of 'employee' to include certain members of cadet corps and training programs (section 5). A new section (section 6A) specifies that injuries resulting from medical treatment paid for by the Commonwealth are considered to arise out of or in the course of employment.
- The Act imposes obligations on various parties, including the Minister, who has the authority to declare certain individuals as employees of the Commonwealth for the purposes of the Act (section 4(a)). The Act further specifies the conditions under which compensation is payable, particularly in cases where the injured employee is receiving a superannuation pension or a lump sum benefit (sections 6, 7, and 8). It also mandates that certain individuals, such as members of peacekeeping forces or veterans who have rendered operational service, may request cessation of compensation payments (section 9).
- Breaches of the provisions in the Military Compensation Act 1994 can result in significant legal consequences. For example, overpayments of repatriation pensions can be recovered by deducting the excess amount from any compensation due to the veteran (section 115). Additionally, failure to comply with the provisions regarding the deduction of overpayments may lead to enforcement actions under the amended Acts. While the Act does not explicitly state the maximum penalties for breaches, it is likely that penalties would be determined by the respective Acts it amends, which could include fines or other civil or criminal sanctions depending on the severity of the breach.
- Area of Law
- Military Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Compensation Obligations
