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The Safety, Rehabilitation and Compensation (Defence-related Claims) Regulations 2019 (the DRCA Regulations 2019)

DVA intends to have the DRCA Regulations 2019 made during the first sitting period of the new Parliament. The Regulations have been drafted early to ensure that they can pass through the Parliament with sufficient time ahead of the proposed 1 October 2019 commencement.

The DRCA Regulations 2019 will:

  • prescribe an index for determining the appropriate amount of compensation for ex-employees in relation to increases in normal weekly earnings
  • set out provisions for the method of calculating the increase in earnings including after an entitled person ceases employment
  • prescribe appropriate officers for the purposes of relevant definitions in the DRCA
  • prescribing additional health professionals who can provide medical treatment as defined in the DRCA, and
  • repeal the Safety, Rehabilitation and Compensation Regulations 2002 as in force for the purposes of the DRCA, under item 63 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017.

The DRCA Regulations 2019 are required as the current DRCA Regulations are 'notional' regulations (which are not in writing) made under the Safety, Rehabilitation and Compensation Act 1988 (SRCA) and expire on 1 October 2019.

The DRCA Regulations 2019 were drafted in line with the SRCA Regulations 2019 that were made by the Department of Jobs and Small Business and commenced on 28 March 2019.

It is essential to note that veterans are not disadvantaged when compared to Commonwealth employees and that their legal rights are not affected as a result of the making of the SRCA Regulations 2019. The 'notional' DRCA Regulations are still in place and preserve the position of veterans in advance of the sunsetting of the notional DCRA Regulations.

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