Frequently Asked Questions – Veterans' Legislation Reform

The consultation process

When will consultation open/close?

Consultation in connection with the draft legislation commenced on the day of announcement, on Wednesday, 28 February 2024.  Submissions from individuals, ex-service representatives and other stakeholder groups are required by 28 April 2024.

What is the proposed start date of the single Act model? 

The date proposed for commencement of the single Act model is 1 July 2026.   Drafting the proposed legislation is the first step.  Following the consultation process, amendments will be made if required before the Bill is introduced to Parliament. Allowing sufficient time to inform the veteran community on what the changes mean is also an important factor when determining the commencement date.  We want to ensure that veterans have time to consider their individual circumstances, including allowing them to determine whether claims should be made under the current arrangements or when the new model commences. It is also important to allow sufficient time to train veteran advocates and delegates appropriately.

Has the Government already made a decision on legislation reform?

The feedback received during this consultation process will help shape the final reform package that will be considered by Government.

What is the process after this consultation closes?  Is this the last chance to comment on the proposed reform?

The Government will consider the feedback provided during this consultation process.  The draft legislation may be further refined and amended to accommodate suggested improvements and address any unintended consequences identified during consultation. 

Once introduced to Parliament, the Bill may also be referred for consideration by a Senate Standing Committee, during which additional feedback/submissions from the veteran community and other impacted parties can be provided. 

Will there be webinars or presentations to go through the draft legislation?

Webinars are being conducted to provide an opportunity to hear more about the proposed legislation.

DVA representatives will talk through the proposed changes in detail, and you will be able to ask questions and provide feedback.

Go to How to get involved and submit your feedback for webinar dates and times.

If you are unable to attend a webinar, a recording will be published on the website in due course.

I want to make comments, how can I submit those comments?

Comments can be made through the website at www.dva.gov.au/legislationreform, via email to legislation.reform [at] dva.gov.au (legislation[dot]reform[at]dva[dot]gov[dot]au) or by post to GPO Box 999, Brisbane QLD 4001

I am an ESO office-holder.  Can I provide comments both on behalf of the ESO, and personally?

Yes.  You should indicate where you are providing comments on behalf of an ESO.

The draft legislation

Does the legislation address key recommendations that have been made by the Royal Commission? 

The draft legislation responds to recommendation 1 from the Royal Commission’s Interim Report, which is to simplify and harmonise veterans’ compensation and rehabilitation legislation.

What changes will the legislation result in?

The draft legislation will simplify the current tri-Act model of compensation by closing off the Veterans’ Entitlements Act 1986 (VEA) and the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 (DRCA) to new compensation-related claims from 1 July 2026.

From that date, all new compensation and rehabilitation claims from veterans and their families will be considered under an improved Military Rehabilitation and Compensation Act 2004 (MRCA).  

What other changes are being made to the MRCA?

The draft legislation contains a number of technical refinements to the MRCA to support the single Act model and to ensure that all services, entitlements and programs that are currently available to veterans and their families will continue to be available once the new arrangements commence. 

There are also a number of improvements, including:

• introduction of the Additional Disablement Amount to the MRCA, providing similar benefits as the Extreme Disablement Adjustment under the VEA for those post-retirement age (taking into account modern superannuation entitlements);
• making the higher travel reimbursement amount available to all veterans, regardless of kilometres travelled, for private vehicle travel for treatment;
• providing a pathway for veterans only covered by the DRCA to qualify for Special Rate Disability Pension and a Gold Card under MRCA if they have a new claim accepted or a material deterioration of an accepted condition accepted post-commencement;
• an increase to funeral allowance to $3,000 for previous automatic grant categories under the VEA, and ensuring that a reimbursement for funeral expenses of up to $14,062 is available in respect of all service related deaths;
• the ability to have DRCA claims reviewed by the Veterans’ Review Board;
• merging the functions of the Military Rehabilitation and Compensation Commission into the Repatriation Commission; and
• the ability to accept claims for certain specified conditions on a presumptive basis under the MRCA.

The changes proposed in the draft legislation are complex and technical – we need more time to consider it.  Will the time to provide comments be extended?

This is the third consultation opportunity in the legislative reform process. While consultation is vital, the Government is working to strict timeframes to ensure the reforms are implemented without further delay. 

Supporting documentation has been developed to make sure the legislative changes are easy to understand. While this is a significant step in legislative reform, ongoing improvements can be considered at any time.

What is the cost of the proposed legislative reforms? 

Costings will be available in the usual Budget process once consultation feedback has been considered and the final package of reforms has been decided. 

When will training be provided to Advocates on the new legislation?

The proposal is for a single Act going forward – an improved MRCA.  As advocates are already provided with training on the MRCA, additional training would focus on how compensation previously received, or is currently being received, for VEA and/or DRCA accepted conditions would impact on a new claim.  Training would also be provided on improvements to the MRCA.

Training will be delivered for both DVA delegates and advocates well before commencement of the new arrangements.  This will ensure advocates can advise clients of their options prior to commencement.

What does this mean for me and my family?

What does the term ‘grandparenting’ mean?

Any entitlements being received under the VEA and/or the DRCA before the commencement date will continue uninterrupted and be indexed annually.

What happens if I submit my claim before the commencement date but it is determined after the commencement date?

All claims received before the commencement date will be determined under the current tri-Act system. This includes claims that have not been determined by the commencement date. Only those claims received after the commencement date will be determined under the improved MRCA.

What happens to existing benefits under the VEA and DRCA?

Existing benefits being received under the VEA or DRCA at the date of commencement will continue to be paid, meaning there will be no reduction or cessation to any benefits already being received.

Any subsequent claims from the commencement date (including claims for worsening of pre-existing conditions) will be considered under the MRCA.

Are there any veterans or families who will be disadvantaged under the proposed legislation?

No veterans or family members will experience a reduction in the payments they are already receiving.  The proposed single Act model will provide the entire veteran community with access to the range of benefits available under the improved MRCA, even if their service is currently covered by the DRCA or VEA. 

Previously, differences between the Acts have led to inconsistent outcomes for veterans and families who were experiencing similar circumstances.  The Government is confident that the package of benefits will be more beneficial to the veteran community overall, and will be fairer and more consistent than the current tri-Act system.  

Are there any resources to show me how the draft legislation would impact on my particular situation?

Yes.  There are a variety of scenarios/case studies on the DVA website that demonstrate the impact of the proposed reforms in various situations. These are designed to highlight the various aspects of the proposed changes and how they may affect individuals.

While it is possible that no single scenario will cover your unique circumstances, reviewing these scenarios should provide you with an indication of how these changes could affect you.

How will those with VEA or DRCA eligibility benefit from moving to the MRCA?

Under the new arrangements, veterans who were previously eligible under the VEA will gain access to a broader range of benefits under the MRCA.  For example, they will be able to choose to convert periodic payments which are made in respect of impairment/functional loss to a lump sum amount.  Veterans who are still of working age may also be eligible for incapacity payments under the MRCA (based on income replacement levels) if they are unable to work due to their service-related conditions.  Veterans requiring assistance at home will also be able to claim for increased support for Household Services and/or Attendant Care due to their accepted conditions and will receive a higher rate of reimbursement for transport costs.

Veterans with eligibility under the DRCA will have access to Veteran Gold Cards for the first time, subject to meeting the relevant criteria under the MRCA.  They will also be provided with greater flexibility in how their permanent impairment payments are received (with the option of now receiving tax-free periodic payments) and the eligible children of deceased and severely impaired DRCA veterans will be able to access education assistance via the MRCA Education and Training Scheme.  These benefits were not available under the DRCA so this will be a positive outcome for these veterans and families.

How will those with VEA or DRCA eligibility be able to move to the MRCA?

Veterans currently in receipt of compensation under the DRCA and/or the VEA will continue to receive these payments, but may qualify for other benefits such as the Veteran Gold Card, Special Rate Disability Pension and education schemes under the MRCA. These veterans can access these benefits only upon the acceptance of a new claim for liability under the MRCA or where there has been a deterioration in a veteran’s impairment that constitutes at least five impairment points under the MRCA since their last assessment. 

What is the Single Review Pathway for DRCA claims?

Currently, the DRCA requires applicants to seek an internal (DVA) reconsideration of most primary decisions made under the DRCA, with the next level of review being the Administrative Appeals Tribunal (AAT).  The Single Review Pathway will remove the internal reconsideration process and enable DRCA claimants to appeal to the Veterans’ Review Board (VRB) prior to progressing to the AAT.  The VRB is a less adversarial, more veteran-friendly environment where matters can be resolved without the involvement of lawyers.

It is proposed that this change would commence shortly after this legislation passes the Parliament – 60 days after Royal Assent to the Bill.

What is the Additional Disablement Amount and who can receive it?

The Additional Disablement Amount (ADA) is a new benefit that will be introduced under the improved MRCA to ensure continued support for severely disabled, ageing veterans.  This benefit is similar to the Extreme Disablement Adjustment (EDA) benefit currently available under the VEA.  Veterans who are granted the ADA will receive a Veteran Gold Card, and their dependants will have access to education assistance and death benefits. 

The rate of ADA compensation is the same as the EDA, but the payment will be offset if the veteran is receiving other forms of compensation or Commonwealth-funded superannuation.  Offsetting is a process that ensures people are not being compensated for the same impairments from multiple sources. 

What will happen to ADF Firefighters and F-111 Deseal/Reseal workers who are currently covered by special provisions under the DRCA?

The special provisions relating to ADF Firefighters and F-111 Deseal/Reseal workers will be transferred into the improved MRCA, so that these veterans continue to have simplified access to compensation for the list of specified conditions.  Conditions will be accepted via a new presumptive liability provision in the MRCA which will give these veterans access to compensation under the MRCA.

The presumptive liability provision will allow for acceptance of specified medical conditions without needing to apply the Statements of Principles.  It will also allow the DRCA occupational diseases to be carried over to the MRCA and will provide potential for other decision-ready policies to be formalised in legislation.

I was planning to claim a condition/deterioration of a condition under the VEA or the DRCA.  Should I hold off until the new single Act commences?

This will be a matter of personal choice as everybody’s personal circumstances will differ.  There are a range of scenarios/case studies on the DVA website which demonstrate how the proposed reforms would impact people in different circumstances.

It’s important to note that the draft legislation may still undergo some changes due to consultation feedback and parliamentary processes.  Once the legislation passes through Parliament, you will have a period of time to decide whether to lodge a claim under the existing Acts(s) prior to commencement of the new model.  During this period, you may wish to seek further information from ex-service organisations or DVA.

I receive a Disability Compensation Payment (DCP) under the VEA.  Will my payments change?  Will I lose access to VEA services, such as aids and appliances, transport and Veterans’ Home Care (VHC)?

No, your payments will not change.  Any payments being received when the new model commences will continue to be paid and indexed via grandparenting arrangements – including DCP.  If you experience a worsening of your conditions, you can claim additional compensation under the improved MRCA.

There will also be no reduction or cessation of other services currently provided by DVA.  You will still be able to access rehabilitation appliances, travel assistance and VHC.  Some services will become more beneficial, for example the rates for travel reimbursement will be increased.  Veterans with VEA-only service will also become eligible to apply for Household Services and Attendant Care under the MRCA.

Will there be any impacts on income support provisions?

Income support arrangements for veterans will continue unaffected following commencement of the single Act.  The proposed model will only affect new claims for compensation and rehabilitation.

Will the draft legislation make any changes to the Defence Forces Retirement Benefits Act 1948 (DFRB), Defence Forces Retirement and Death Benefits Act 1973 (DFRDB) or the Military Superannuation and Benefits Act 1991 (MSBS)?

No.  The DFRB, DFRDB and MSBS Acts provide for superannuation for current and former members of the ADF.  They would not be impacted by the changes made to the veterans' rehabilitation and compensation framework.