Safety Rehabilitation & Compensation Act 1988 (SRCA)

The SRCA was introduced in December 1988 to replace the 1971 Act. It is a Commonwealth employees Act that covers government/commonwealth employees and is administered by Comcare.

For defence employees the SRCA was up until 1996 administered by Department of Defence, after which the Military Compensation and Rehabilition Service (MCRS) was formed and took over the claims processing. The MCRS is now known as the MRCG, Military Rehabilitation and Compensation Group.

The ISPA specialises in the Safety, Rehabilitation & compensation Act (SRCA) and Military Rehabilitation Compensation Act (MRCA).

Reviews & Appeals

The review and appeals process under the SRCA is totally different to that of the VEA, however it has been retained as an option in the MRCA and can be adverserial and time consuming.

Having said that though, under the MRCA you now have a choice of two paths.

A reveiw for a reviewable decision must be requested within 30 days of receiving the decision. If the reviewable decision is affirmed then an appeal to the Administrative Appeals Tribunal (AAT) must be lodged within 60 days.

After the AAT is the Federal Court but appeals to the Federal Court are only on points of law.

Treatment Cards

One of the most contentious aspects of the SRCA is the absence of a treatment card.

Under the VEA & MRCA a claimant can have a white or gold card depending the impairment level. There are stipulations regarding the cards use. The ISPA has been lobbying for a similiar system for those covered by the SRCA.

SRCA Legislation

Safety, Rehabilitation and Compensation Act 1988 with ammendments.

Section 14 - Compensation for injuries.

Section 16 - Compensation in respect of medical expenses etc.

Section 17 - Compensation for injuries resulting in death.

Section 19 - Compensation for injuries resulting in incapacity.

Section 24 - Compensation for injuries resulting in permanent impairment.

Section 27 - Compensation for non-economic loss.

Section 29 - Compensation for household services and attendant care services.

Section 36 - Assessment of capability of undertaking rehabilitation program.

Section 62 - Reconsideration of determinations.

Claim Form for Rehabilitation and Compensation

Onus of Proof

It is up to the claimant to provide supporting evidence for claims as the onus of proof is different under the SRCA compared to the VEA & MRCA.

Claims for liability can be processed much quicker where evidence is provided. Medical service documents can be gained through the relevant defence branch. Defence health records are known to be incomplete.

Voluntary Work

DVA regards voluntary work in the same way for all three Acts it administers, the VEA, the SRCA and the MRCA.

There is no legislated definition of voluntary work in any of these Acts. However, in policy terms, voluntary work is defined as unpaid work for a recognised community or welfare organisation......

Read the DVA Voluntary Work Policy.