Australia has had a repatriation system to help defence force personnel recover from their service and care for their ongoing needs for more than a century. During this time the system has expanded considerably. Today veterans and their families receive a number of benefits, services and entitlements from the Department of Veterans’ Affairs (DVA).

Veterans programs aim to assist those who have acquired an illness or injury resulting from their Australian Defence Force (ADF) work. The programs are aimed at compensation as well as medical, psychosocial and vocational rehabilitation.

The benefits and services available to veterans through the DVA are subject to eligibility criteria. These criteria are set out in legislation (written law). For example some benefits and services such as the disability pension will only be available if your illness or disease is one that the DVA has formally accepted as being caused or aggravated by your ADF service.

One of two schemes will usually apply to a veteran seeking compensation and associated benefits on account of a service-related injury or disease. The applicable scheme depends on when the veteran was injured:

• if you were injured after 1 July 2004 then the Military Rehabilitation and Compensation Scheme will apply. This scheme is established under the Military Rehabilitation and Compensation Act 2004 (Cth) (MRCA); or
• if you were injured before 1 July 2004 the Comcare Scheme will apply. This scheme is established by the Safety Rehabilitation and Compensation Act 1988 (Cth) (SRCA).

Other more specialist schemes also exist such as the Defence Force Retirement and Death Benefits Scheme (DFRDB) and the Military Superannuation and Benefits Scheme (MSBS). If none of the schemes that have been established by legislation (written law) apply there may still be remedies available under the common law (the law developed by judges through court and tribunal decisions). This may be the case where a veteran’s injury or disease was the result of negligence for example.

While some benefits and services are only available under a particular scheme there is substantial overlap between them. Where more than one scheme provides a particular remedy there are offsetting provisions which mean that benefits paid to a veteran under one scheme prevent them from receiving similar benefits under another scheme.

The benefits and services a veteran is entitled to will depend on the scheme which is applicable to their individual circumstances but may include the following:

• compensation for economic loss caused by a reduced ability to work due to injury or disease such as incapacity payments;
• reimbursement for medical expenses which may include attendant care services;
• reimbursement for the costs of rehabilitation which may include re-training costs;
• compensation such as permanent impairment compensation for pain and suffering and lifestyle restrictions;
• home and household assistance including rent assistance;
• the provision of aids and equipment such as motor vehicle modifications;
• death benefits including reimbursement for funeral costs and bereavement payments;
• telephone, utilities and clothing allowances; and
• payments to partners such as a spouse or widow(er) and dependent children.

This Legal Guide on Veterans Law provides veterans with information about general, practical information about benefits, services and entitlements. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

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Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.