If you have suffered injury or loss whilst serving as a member of the Australia Defence Force (ADF) you may be able to make a claim for military compensation.
This page is written specifically for a Queensland or Western Australian audience. Restrictions in these states prohibited us from showing certain information regarding our legal services, so if you are located outside these states please click here for information on military law.
The Australian Defence Force legal process in Queensland and WA
Everyone’s situation is unique and no two Australian Defence Force claims are the same, however the below image is a good representation of how the claims process works with Shine Lawyers and how to access compensation following your injuries.
How Australian Defence Force compensation gets calculated in Queensland and WA
Depending on the nature of your Australian Defence Force compensation claim, generally speaking, a monetary value is placed on the gap between your predicted life path before the injury, and your actual life path since the injury.
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.
Our offer to you
Common questions about Australian Defence Force Claims Queensland and WA
If you have an injury because of your service in the ADF, you may be able to claim compensation under Queensland or WA law.
You may be able to make a military compensation 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) in Queensland or WA. 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.
The first step is to make a claim for liability.
You’re entitled to nominate a legal representative or organisation to help you through this process
If you have an injury or disease resulting from your ADF service you may be able to claim compensation in Queensland or WA.
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
The Government pays compensation as per your service policy, not the person directly associated with your claim (if any).
What you can claim for under Queensland or WA law 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
It really depends on your situation as to how much compensation you can claim under Queensland and WA law. How much you can claim is based on your individual circumstances so it’s very hard to give a ballpark figure without knowing the extent of your injuries.
How long your claim takes under Queensland or WA law depends on a few things, for example how complex your particular situation is.
Once a lawyer knows the ins and outs of your case they can give a better idea of the timeframes involved with your claim.
There are time limits for taking legal action in Queensland and WA so it’s best to seek legal advice as soon as possible, preferably within 12 months.
Shine Lawyers work on a No win no fee basis which means you will only pay our fee if you win your case at the end of the claim.
The amount of legal costs that you pay depends on the amount of work required to pursue your claim.
Shine Lawyers have offices in the following locations in Queensland and WA. As part of our service offering, home or hospital appointments can be arranged at your convenience.
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and bring forward a claim on your behalf. The below links contain further information regarding your legal options.
Shine Lawyers also have accredited specialists in personal injury law in Queensland: