Employment Law

ADF abuse inquiry update: Compensation announcement

On 14 March 2013, Defence Minister Stephen Smith announced that the Federal Government had approved the operation of the Defence Abuse Reparation Payment Scheme, writes military compensation lawyer, Tim White.

Compensation claims for victims of abuse will be assessed on a case by case basis taking into account individual circumstances and capped at $50,000.

It has come to our attention that there is now a cut off date for the Taskforce accepting new allegations of abuse that are alleged to have occurred prior to 11 April 2011 will be 31 May 2013. It is very important to submit your claims to the Taskforce prior to that date otherwise the opportunity to lodge a claim after date may be exhausted.

When speaking of the Scheme, the Minister said that “recognition will be made in the form of a reparation payment to persons who have made plausible allegations of being subjected to sexual or other forms of abuse in Defence.”

Importantly, the Minister has confirmed that should a victim be compensated by the Defence Abuse Reparation Payment Scheme, they will not be stopped from seeking other forms of compensation.

I therefore continue to encourage victims of abuse within the Australian Defence Force to additionally submit injury claim forms with the Department of Veterans Affairs if they have suffered psychological and/or physical injuries as a result of abuses suffered. It may be that should the claim be accepted, another avenue of compensation is made available to the victim.

Given the limited timeframe for claims to be lodged, it is very important to seek legal advice on the application process to ensure your application is considered promptly and the most relevant medical evidence and material is provided to the Taskforce for their consideration.

Read the Minister’s announcement

Get in Touch!

To discuss anything in this article, or if you believe you may be eligible for military compensation and would like help with your compensation claim,  please contact TGB partner Tim White. Tim is a member of the Royal Australian Airforce Reserves, and specialises in military compensation claims.

Tim and his team advise Defence Force members and veterans across Australia on their entitlement to military compensation.

If you need help securing your entitlements, register online here and we’ll contact you, or get in touch with Tim on 1800 730 842 or via twhite@tgb.com.au.