Posted on 21 Apr 2023
What service members need to know about the amendments to MRCA
By Slater and Gordon
Century-old laws governing how military veterans are compensated and rehabilitated are being reviewed to be replaced with a single new Act.
This ANZAC day we want to remind service members of their entitlements, continue to support them, and provide information on the upcoming changes proposed to compensation schemes.
While there are several military compensation schemes designed to help personnel injured whilst serving and following discharge, it is well known that they are complicated and complex. However, change and amendments are coming. The new scheme will amend the Military Rehabilitation Compensation Act (MRCA).
The Albanese Federal Government has announced that the three Acts previously used for veterans’ compensation will be consolidated into a single piece of legislation, for a simplified pathway to administer claims for veterans and their families.
The amendments will replace the current dual treatment pathway model with a single treatment pathway model.
All DVA clients will now have access to health care through a DVA Health Card without the need to pay up-front and later seek reimbursement. Veterans will present their DVA Health Card at the time of receiving medical treatment, and payments will be made directly to health providers via the Medicare system.
The amendments are intended to streamline access to medical treatment for veterans without the need for claim forms, upfront costs or being out of pocket while awaiting reimbursement.
Who can be covered under MRCA?
All members of the Permanent Forces
All members of the Reserve Force
Cadets and Officers, including instructors of Cadets
Persons who hold an honorary rank or appointment in the ADF and who perform acts at the request or direction of the Defence Force
Persons who perform acts at the request or direction of the Defence Force as an accredited representative of a registered charity
Persons who are receiving assistance under the Career Transition Assistance Scheme (established under section 58B of the Defence Act 1903) and who perform acts in connection with the scheme
Other people declared in writing by the Minister for Defence to be members of the ADF
Injuries can be more than physical
Military-related conditions do not have to be physical injuries to be valid. Psychiatric or emotional and behavioural problems, such as the folllowing, are also important to treat and address:
- Post-traumatic stress disorder.
- Depression
- Nightmares
- Loss of concentration
- Hallucination
- Bursts of anger
- Compulsive drinking
- The inability to maintain normal relationships
What types of military service are recognised under the MRCA?
Under the MRCA, there are three types of service:
• warlike service.
• non-warlike service; and
• peacetime service.
If you're a dependant of an Australian Defence Force member who has passed away because of their service-related condition, you may be able to claim compensation as well.
Dependants can include spouses, children, partners, and relatives who need care.
If you think you have a claim, keep in mind that there are time limits and making a claim can be complicated. So, it is important that you act fast.
Even if you’ve been knocked back, or think you’ve missed the deadline, it may not be too late to act.
Our expert military compensation team will help you determine exactly where you stand.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.