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Division 1 : Overview

11.2.3 Limits to application of benefits under this Part

  1. This Part applies only to injuries that meet both these conditions.

    1. A member suffered them after 10 June 1997 and before 1 July 2004.

    2. They resulted in the death or severe impairment of the member.

  2. This Part does not apply to any injury that a member is entitled to compensation for under the Military Rehabilitation and Compensation Act 2004.

1.2.3A Secretary's directions

All the discretions under this Part are vested in the Secretary of the Department of Veterans' Affairs. Decisions under this Part are therefore made for and on behalf of the Secretary of the Department of Veterans' Affairs.

11.2.4 Definitions

This table defines terms used in this Part.

Definitions
Term Definition in this Part
ADB An additional death benefit mentioned in Division 2 section 11.2.7.
Basic amount An amount mentioned in Division 3 subsection 11.2.11.1.
Commonwealth authority The same meaning as in section 4 of the SRC Act.
Compensation SRC compensation, State compensation or State workers' compensation.
Dependent child Is a person who meets all the following conditions.
  1. The person meets the definition of child in section 1.3.81.
  2. Exception: Conditions in sections 1.3.86 and 1.3.87 do not need to be met for the child to be considered a dependant. See: Chapter 1 Part 3 Division 2 section 1.3.81, Child
  3. The person is wholly or partly dependent on the member for economic support.
  4. The person meets either of the following conditions.
    1. They are under 16 years old.
    2. They are 16 or more years old but under 25 years old, and meet the education test.
In this definition meeting the education test means meeting both the following conditions.
  1. The person is in full-time education at a school, college, university or other educational institution.
  2. The person is not ordinarily in employment or working on their own account.
Dependent child amount An amount mentioned in subsection 11.2.8.2 or 11.2.11.2.
See:

Division 2 section 11.2.8, Calculation of the ADB
Division 3 section 11.2.11, Calculation of the SIA
Impairment The same meaning as in section 4 of the SRC Act.
Interim payment amount An amount mentioned in subsection 11.2.13.3.
See: Division 3 section 11.2.13, Interim payment of SIA
Member Includes a member of the Reserves.
Non-economic loss The same meaning as in section 4 of the SRC Act.
Permanent The same meaning as in section 4 of the SRC Act.
Severe injury An injury for the purposes of the SRC Act, affecting the brain or spinal cord of a person. The injury must result in quadriplegia, paraplegia, hemiplegia, an organic brain syndrome, chronic blindness or a condition of similar effect.
SIA A severe injury adjustment mentioned in section 11.2.10.
See: Division 3 section 11.2.10, Entitlement to severe injury adjustment
Spouse Has the same meaning as in the SRC Act.
Note: This meaning includes a de facto partner (whether of the same sex or a different sex).
Spouse amount An amount mentioned in subsection 11.2.8.1.
See: Division 2 section 11.2.8, Calculation of the ADB
SRC Act The Safety, Rehabilitation and Compensation Act 1988.
SRC compensation Compensation payable under subsection 17 (3) or (4), or section 24 or 27, of the SRC Act.
State compensation The same meaning as in section 119 of the SRC Act.
State workers' compensation The same meaning as in section 118 of the SRC Act.
The Secretary Secretary of the Department of Veterans' Affairs.

11.2.5 Some aspects of dependency

  1. A child of a member is taken to have been wholly or partly dependent on a member at a time if the child would have been so dependent at that time but for an incapacity of the member as the result of an injury.

  2. A child of a member who, immediately before the occurrence of an event, lived with the member is taken to have been wholly dependent on the member at the time of the occurrence of that event.

  3. A child of a member who was born alive after the member's death is taken to have been born immediately before the member's death and to have been wholly dependent on the member at the time of the member's death.

  4. A child of a member who was conceived before the time of an assessment of the member's SRC compensation mentioned in subsection 11.2.11.2, and was born alive after that time, is taken to have been born immediately before that time and to have been wholly dependent on the member at that time.

    See: Division 3 section 11.2.11, Calculation of the SIA

  5. In deciding whether a child is or was dependent on a member at a time, none of these amounts payable for the child under the Social Security Act 1991 are to be taken into account.

    1. Family allowance.

    2. Family allowance supplement.

    3. Child disability allowance.

    4. Double orphan pension.

11.2.6 Damages or compensation recovered or received for the benefit of dependants

  1. reference in this Division to SIA, ADB, compensation or damages paid or payable to a dependant includes a reference to SIA, ADB, compensation or damages paid or payable to a person other than the dependant for the benefit of the dependant.

  2. reference in this Division to compensation or damages received or recovered by a dependant includes a reference to compensation or damages received or recovered by a person other than the dependant for the benefit of the dependant.

Application to Reservists: Yes.



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