Defence Force (Retirement and Death Benefits Amendments) Act 1979

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Defence Force (Retirement and Death Benefits Amendments) Act 1979

No. 15 of 1979

An Act to amend the Defence Forces Retirement Benefits Act 1948 and the Defence Force Retirement and Death Benefits Act 1973.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Defence Force (Retirement and Death Benefits Amendments) Act 1979.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

PART II—AMENDMENTS OF THE DEFENCE FORCES RETIREMENT BENEFITS ACT 1948

Principal Act

3. In this Part, the Defence Forces Retirement Benefits Act 1948 is referred to as the Principal Act.

Reclassification in respect of incapacity

4. Section 53 of the Principal Act is amended—

(a) by omitting from sub-section (1) “accordingly as if he were being classified under section 51” and substituting “in the appropriate classification set out in sub-section (2) of section 51 according to the percentage of his incapacity in relation to civil employment”; and

(b) by inserting after sub-section (1) the following sub-sections:

“(1a) In determining, for the purposes of sub-section (1), the percentage of incapacity in relation to civil employment of a pensioner, the Authority shall have regard to the following matters only:

(a) the vocational, trade and professional skills, qualifications and experience of the pensioner;

(b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;

(c) the degree to which any physical or mental impairment of the pensioner, being a prescribed physical or mental impairment, has diminished the capacity of the pensioner to undertake the kinds of civil employment referred to in paragraph (b);

(d) such other matters (if any) as are prescribed for the purposes of this sub-section.

“(1b) In sub-section (1a), ‘prescribed physical or mental impairment’, in relation to a pensioner, means—

(a) a physical or mental impairment of the pensioner that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the pensioner was retired, whether or not that impairment has changed, for better or worse, since that retirement; or

(b) any other physical or mental impairment of the pensioner causally connected with a physical or mental impairment referred to in paragraph (a).”.


Special invalidity benefit to members under 18 years of age

5. Section 73 of the Principal Act is amended—

(a) by omitting from sub-section (3) “accordingly” and substituting “in the appropriate classification set out in sub-section (1) according to the percentage of his incapacity in relation to civil employment”;

(b) by inserting after sub-section (3) the following sub-sections:

“(3a) In determining, for the purposes of sub-section (3), the percentage of incapacity in relation to civil employment of a pensioner, the Authority shall have regard to the following matters only:

(a) the vocational, trade and professional skills, qualifications and experience of the pensioner;

(b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;

(c) the degree to which any physical or mental impairment of the pensioner, being a prescribed physical or mental impairment, has diminished the capacity of the pensioner to undertake the kinds of civil employment referred to in paragraph (b);

(d) such other matters (if any) as are prescribed for the purposes of this sub-section.

“(3b) In sub-section (3a), ‘prescribed physical or mental impairment’, in relation to a pensioner, means—

(a) a physical or mental impairment of the pensioner that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the pensioner was retired, whether or not that impairment has changed, for better or worse, since that retirement; or

(b) any other physical or mental impairment of the pensioner causally connected with a physical or mental impairment referred to in paragraph (a).”; and

(c) by omitting from sub-section (4) “the last preceding sub-section” and substituting “sub-section (3)”.

Transitional

6. Where a person is, immediately before the date of commencement of this Act, to be deemed, for any purpose of the Principal Act, to be classified as Class A, Class B or Class C by reason of his having been reclassified as Class A, Class B or Class C, as the case may be, under sub-section 53(1) or 73(3) of the Principal Act as in force at any time before that date, the Principal Act as amended by this Act shall apply to him, on and after that date, as if he had been so reclassified under that sub-section of the Principal Act as amended by this Act.

PART III—AMENDMENTS OF THE DEFENCE FORCE RETIREMENT AND DEATH BENEFITS ACT 1973

Principal Act

7. In this Part, the Defence Force Retirement and Death Benefits Act 1973 is referred to as the Principal Act.

Classification in respect of incapacity

8. Section 30 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) In determining, for the purposes of sub-section (1), the percentage of incapacity in relation to civil employment of a member of the scheme, the Authority shall have regard to the following matters only:

(a) the vocational, trade and professional skills, qualifications and experience of the member;

(b) the kinds of civil employment which a person with the skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;


(c) the degree to which the physical or mental impairment of the member that is the cause of the invalidity or physical or mental incapacity by reason of which he has been retired has diminished the capacity of the member to undertake the kinds of civil employment referred to in paragraph (b);

(d) such other matters (if any) as are prescribed for the purposes of this sub-section.”.

Reclassification in respect of incapacity

9. Section 34 of the Principal Act is amended—

(a) by omitting from sub-section (1) “accordingly as if he were being classified under section 30” and substituting “in the appropriate classification set out in section 30 according to the percentage of his incapacity in relation to civil employment”; and

(b) by inserting after sub-section (1) the following sub-sections:

“(1a) In determining, for the purposes of sub-section (1), the percentage of incapacity in relation to civil employment of a recipient member, the Authority shall have regard to the following matters only:

(a) the vocational, trade and professional skills, qualifications and experience of the recipient member;

(b) the kinds of civil employment which a person with skills, qualifications and experience referred to in paragraph (a) might reasonably undertake;

(c) the degree to which any physical or mental impairment of the recipient member, being a prescribed physical or mental impairment, has diminished the capacity of the recipient member to undertake the kinds of civil employment referred to in paragraph (b);

(d) such other matters (if any) as are prescribed for the purposes of this sub-section.

“(1b) In sub-section (1a), ‘prescribed physical or mental impairment’, in relation to a recipient member, means—

(a) a physical or mental impairment of the recipient member that was the cause, or one of the causes, of the invalidity or physical or mental incapacity by reason of which the recipient member was retired, whether or not that impairment has changed, for better or worse, since that retirement; or

(b) any other physical or mental impairment of the recipient member causally connected with a physical or mental impairment referred to in paragraph (a).”.

Transitional

10. (1) Where a person is, immediately before the date of commencement of this Act, classified as Class A, Class B or Class C by reason of his having been so classified under section 30 of the Principal Act as in force at any time before that date, the Principal Act as amended by this Act shall apply to him, on and after that date, as if he had been so classified under section 30 of the Principal Act as amended by this Act.

(2) Where a person is, immediately before the date of commencement of this Act, to be deemed, for any purpose of the Principal Act, to be classified as Class A, Class B or Class C by reason of his having been reclassified as Class A, Class B or Class C, as the case may be, under section 34 of the Principal Act as in force at any time before that date, the Principal Act as amended by this Act shall apply to him, on and after that date, as if he had been so reclassified under section 34 of the Principal Act as amended by this Act.

 

Overview

The Defence Force (Retirement and Death Benefits Amendments) Act 1979 was enacted to address gaps in the classification and reclassification of incapacity for pension purposes within the Defence Forces Retirement Benefits Act 1948 and the Defence Force Retirement and Death Benefits Act 1973. This legislation was passed by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia to provide a more precise framework for assessing the percentage of incapacity in relation to civil employment. The Act amends both primary Acts to ensure that the assessment of incapacity considers vocational, trade, and professional skills, qualifications, and experience of the pensioner or recipient member, as well as the degree to which any physical or mental impairment has diminished their capacity to undertake civil employment. By introducing these amendments, the Act aims to ensure that the reclassification of incapacity aligns more accurately with the realities of the pensioner’s or recipient member’s current capabilities and potential for civil employment.

Scope and Application

The Defence Force (Retirement and Death Benefits Amendments) Act 1979 applies to individuals who are members of the Australian Defence Force and are either retired or deceased, as well as their beneficiaries. This Act amends the Defence Forces Retirement Benefits Act 1948 and the Defence Force Retirement and Death Benefits Act 1973, primarily focusing on the reclassification of incapacity for pension purposes. It applies to the whole of the Commonwealth of Australia and is not limited by state or territory boundaries. The Act does not explicitly provide for exclusions or exemptions, but it does detail specific criteria for assessing the percentage of incapacity in relation to civil employment. Subordinate instruments may extend or clarify the application of this Act, although the primary legislation itself is comprehensive in its amendments and transitional provisions for existing classifications.

Key Provisions

The Defence Force (Retirement and Death Benefits Amendments) Act 1979, as it amends the Defence Forces Retirement Benefits Act 1948 and the Defence Force Retirement and Death Benefits Act 1973, introduces significant changes in how the incapacity percentages for pension benefits are determined for military retirees. Specifically, Sections 4 and 5 of this Act modify the criteria used by the Authority to assess the percentage of incapacity in relation to civil employment for pension recipients. These changes require the Authority to consider the vocational, trade, and professional skills, qualifications, and experience of the pensioner, as well as the kinds of civil employment they might reasonably undertake. Additionally, the degree to which any physical or mental impairment diminishes the pensioner's capacity to undertake such employment must also be assessed, along with any other prescribed matters. The amendments also clarify the definition of "prescribed physical or mental impairment" to ensure consistency in classification. The Act imposes clear obligations on the Authority to adhere to these specific criteria when determining incapacity percentages, ensuring a more consistent and fair approach. The transitional provisions in Sections 6 and 10 ensure that individuals who were previously classified under the old regime continue to be treated consistently under the new provisions. This means that those who were already classified as Class A, B, or C before the Act's commencement will continue to be subject to the same classification under the amended Acts. Breaches of the provisions in this Act could lead to legal consequences. However, the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance. It is implied that any failure to adhere to the prescribed criteria and definitions could result in disputes or challenges regarding the validity of the incapacity determinations, potentially leading to litigation. Furthermore, the accuracy and fairness of these determinations are crucial, as they directly impact the benefits received by military retirees, and any errors could be subject to review or correction by the relevant authorities.

Legal classification tags

Area of Law
Defence Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Defence Force Retirement Benefits

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.