Administered by

Purpose

Coverage

Number covered

Basis for legislation

Administrative scheme for the purposes of compensating persons present at British nuclear test sites in Australia

Attorney-General’s Department

To compensate those persons who can establish that they were in the region of the tests at the time of the testing, who sustained an injury or a disease which can be demonstrated to have arisen as a result of exposure to radiation, etc. emanating from the British Nuclear Tests in the 1950s and 1960s. This scheme was formed by Executive Government in 1986.

Non-Commonwealth employees, pastoralists and indigenous persons who were present at or near the test sites at the time of the testing in the 1950’s and early 1960’s are covered under the scheme.

N/A

As there is no legislative basis to the scheme, any determination of a claim involves an exercise of the Government’s executive power. There is no right of appeal, although claimants may seek common law redress against the Government. The scheme references Commonwealth workers’ compensation legislation to determine the types and quantum of benefits paid under the scheme.

Scheme for the payment of special compensation for injury in exceptional circumstances

Attorney-General’s Department

To compensate those persons (listed below) who suffer injuries or contract diseases, under exceptional circumstances, such as injuries which arise a result of actual or threatened acts of violence because the claimant was identified with the Australian Government. It also provides compensation for diseases contracted because of changes in the person’s environment arising out of their connection with the Government, who would not have incurred such injuries or diseases but for the claimant’s connection with the Australian Government — and for which they have no claim for compensation under a statutory scheme. This scheme was formed by Executive Government in 1986.

The Special Compensation Scheme provides compensation to Commonwealth government employees and/or their dependants, Commonwealth contractors, people undertaking actions at the direction of the Commonwealth and judges.

N/A

As there is no legislative basis to the scheme, any determination of a claim involves an exercise of the Government’s executive power. There is no right of appeal although claimants may seek common law redress against the Government. The scheme references Commonwealth workers’ compensation legislation to determine the types and quantum of benefits paid under the scheme.

Asbestos related claims (management of Commonwealth liabilities) Act 2005

Comcare

Manages the Commonwealth’s asbestos related claims liabilities for claims made outside the Safety, Rehabilitation and Compensation Act 1988 and Military Rehabilitation and Compensation Act 2004.

Claimants with asbestos-related conditions such as asbestosis, an asbestos-induced carcinoma, an asbestos-related non-malignant pleural disease, mesothelioma etc.

There were 122 open claims being managed at 1 November 2021.

A focal point for the Commonwealth to manage its asbestos liabilities.

Veterans’ Entitlements Act 1986 (VEA)

Department of Veterans’ Affairs

Provides entitlements to compensation and rehabilitation for members and former members of the Australian Defence Force injured in the course of their duties.

Injury, disease or death related to the following service:

• peacetime service (after completion of three-year qualifying period) — from 7 December 1972 to 6 April 1994. Members who enlisted before 22 May 1986 and who served continuously until after 6 April 1994 are also covered for service after that date
• all periods of operational service, peacekeeping service and hazardous service to 30 June 2004, and
• war-like operations (for example in East Timor) and non war-like operations to 30 June 2004.

To be eligible for compensation payments under the VEA a person must first qualify as a ‘veteran’, a ‘member of the Forces’ or a ‘member of a Peacekeeping Force’. Certain civilians may have access to the VEA.

A member who had not completed the three-year qualifying period before 7 April 1994 is not covered under the VEA, unless he/she was medically discharged within that time.

Statistics about the veteran population

Eligible veterans, serving and former defence force members, their war widows and widowers and dependants have access to: appropriate compensation and income support in recognition of the effects of war and defence service, and; to health and other care services that promote and maintain self-sufficiency, well-being and quality of life.