If you’re a current or past member of the Australia Defence Force (ADF) and need military legal assistance we’re here to help you get the outcome you need.
Due to restrictions in Queensland (QLD) and Western Australia (WA) we are prohibited from showing people in those states certain information regarding our legal services. If you are located in QLD or WA please click here for information on military law.
We have a team of lawyers who have served within the Australian Defence Force, so we know what it takes to come forward and make a claim. Sometimes it’s the only way you can get the justice or the help you need to move forward in your life.
We know it’s a tough slog and the legal process can seem confusing and too hard. But we’re here to get you on track, keep it as simple as possible, and make it easy. If you need help, we’ll back you all the way. When things get rough and it all seems a bit too much to handle, that’s where we shine.
Defence Abuse Response Taskforce (DART) Scheme Revised
The government has opened the window for historic abuse survivors to apply for reparation payments and other support through the Defence Force Ombudsman.
This is an expanded complaint window with the Defence Force Ombudsman’s Office that allows for abuse survivors who missed out on the DART scheme, to access reparation and other means of support.
Shine Lawyers Abuse Law department assisted over 100 survivors in their DART applications and have the expertise in providing applicants with the best chance at receiving reparation for the abuse suffered while serving within the Defence Force.
In order to qualify for under the DFO scheme, the applicant must:
- Have suffered serious abuse such as sexual abuse, serious physical abuse and/or serious bullying and harassment; and
- The serious abuse must have occurred by a serving member or a person employed or contracted by Defence.
The DFO will accept reports of abuse if the abuse is reasonably likely to have occurred. If the report is accepted by the DFO there are various outcomes available to the applicant including, reparation, counselling and a direct restorative engagement meeting.
Earlier this year, the Turnbull Government announced a budget of close to $20m for reparation payments to be made in some circumstances over the next four years.
Payments for applications are expected to commence in early 2018 once a framework has been finalised however, applications can now be made to the DFO for consideration under this scheme.
Shine Lawyers can assist with the application to the DFO.
For further information please phone our abuse law team on 13 11 99.
News and Articles
Australian Defence Force legal process
Everyone’s situation is unique, because no two Australian Defence Force compensation claims are the same, however the below image is a good representation of the claims process works with Shine Lawyers and how to access compensation following your injuries.
How Australian Defence Force compensation gets calculated
Depending on the nature of your Australian Defence Force claim, in most instances a monetary value is placed on the gap between your predicted life path before the accident or injury, and your actual life path since the injury.
Our offer to you
Common questions about Australian Defence Force Assistance
If you have an injury because of your service in the ADF, you may be able to claim compensation.
We can talk to you about your options or help you to make a claim if you are or have been a member of any of the below:
- Army Reserve
- Naval Reserve, RANR
- Air Force, RAAF
- Air Force Reserve
- Australian Federal Police
Military Rehabilitation (Rehab) is available from the Department of Veteran Affairs (DVA).
If you were injured or suffered an illness as a result of your ADF service and your claim has been accepted, then this option is available to you.
What’s not always mentioned is how hard it can be to get this accepted and that’s where we can help.
The first step is to make a claim for liability, which can be a complex process.
You’re entitled to nominate a legal representative or organisation to help you through this process so that you can achieve the whole purpose of rehab – to get you back on track.
If you have an injury or disease resulting from your ADF service you may be able to claim compensation. Even if you were injured while undertaking incidental duties in the ADF; for example:
- travelling to and from location where performing peacetime service
- away from a place of duty upon having ceased to perform duty
You can also receive compensation if you suffer loss or damage to medical aids.
Dependents can be eligible for compensation in the event of a death occurring as a result of serving on or after 1 July 2004.
Military Rehabilitation and Benefits
If you have an injury or disease resulting from your ADF service you may be entitled to compensation if your claim for liability has been accepted by the DVA.
You may also be able to claim benefits and compensation for:
- Disability compensation pension
- War widows and widowers pension
- Compensation following death
- Injury resulting from chemical exposure
- Incapacity benefits
Other Military Related Legal Claims
You may also have a claim if you or someone you know, has experienced or been involved in:
- discrimination of age, gender, race, religion etc
- physical or sexual abuse
- difficulty in obtaining benefits or compensation from DVA
Contact our Shine Lawyers military team to talk about your problem and we’ll do all we can to help you regain control over the situation.
The Government pays compensation as per your service policy, not the person directly associated with your claim (if any).
What you can claim for will depend on your particular military issue.
You may be able to claim for:
- Impairment benefits
- Current or Future Loss of income
- Access to treatment or rehabilitation
- Medical expenses
How much you can claim is based on your individual circumstances.
It is best for us to discuss this with you during our first meeting when we can ask more questions and fully appreciate the extent of the situation.
How long your claim takes depends on a few things, for example how complex your particular situation is.
After we sit down and discuss the ins and outs we will be able to give you a better idea of the timeframes involved with your claim.
There are time limits for taking legal action so it’s best to contact a lawyer as soon as possible, preferably within 12 months.
If you are able to get in touch with us as soon as possible then we can do everything we can to make sure you meet the allowable time frames.
Shine Lawyers work on a No win no fee basis which means you will only pay our fee if you win at the end of the claim.
We will always be open and upfront with you about what it costs so feel free to ask us any questions at any time.
It’s hard to give you an estimation about legal costs upfront because it depends on the amount of work required to resolve your claim. All claims are different but we can give you a better idea after we understand how complex your situation is and how long it could take.
Where you are located isn’t necessarily a barrier when it comes to obtaining the services of a lawyer. We’re experts when it comes to Defence Force related claims and we can help you get the compensation you deserve.
It doesn’t matter if you are located close or far away from a Shine Lawyers office – we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers are ADF compensation lawyers that can help you get the compensation you need following your injury in the Australian Defence Force. Click on the link below for more information about how Shine Lawyers can help you.
Shine Lawyers also have accredited specialists in personal injury law across the nation:
Shine Lawyers are one of the biggest personal injury litigation firms in Australia and have the experience and nous to go up against the big insurance companies and get you the result you are looking for. We have lawyers within our ranks that have served in the Australian Defence Force and know the processes involved with claims for compensation.
At Shine Lawyers you will have your own go-to team, who are always available to chat and who understand that explaining things in plain English to you is important.
We provide all of our ADF legal services on a No Win No Fee Guarantee, which means you won’t have to pay our legal costs unless we win your claim at the end.
Hear from some of our clients below who have been through the legal process with us.
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