Army, Navy & Airforce Services
Compassionate Defence Force Lawyer
Helping serving and retired Australian Defence Force (ADF) members secure their military entitlements and compensation for life-changing events is a specialty of Cardillo Gray Partners. Are you looking for a specialised Defence Force lawyer in Newcastle. Our solicitors have a successful history advocating for ADF employees in the Army, Navy and Airforce, and dealing with the Department of Veteran’s Affairs (DVA).
Cardillo Gray Partners
We guide you to the best outcome
The legislation that covers individual circumstances is determined by when the injury occurred and if it happened in Australia or overseas. Different legislation applies depending on the circumstances.
Injuries occurring on or after 1 July 2004 are covered by the Military Rehabilitation and Compensation Act 2004 (MRCA). Claims are handled by the Military Rehabilitation and Compensation Commission, via the DVA.
The Safety, Rehabilitation and Compensation (Defence-Related Claims) Act 1988 (SRCA) covers injury sustained on or after December 1988.
The Veterans’ Entitlements Act 1986 (VEA) covers service in wartime and certain operational deployments, as well as certain peacetime service between 7 December 1972 and 30 June 2004.
The legislation is complex and strict time limits apply. If you or a family member has suffered due to injury, disease or death related to service with the ADF, contact us and we will guide you on the best course to manage your claims.
Cardillo Gray Partners
Knowing Your Rights When Injured
The range of injuries covered is extensive. For example, physical injuries to the neck, back, arms, legs, head, etc.
The legislation also covers medical conditions including heart problems, cancer, dermatitis, respiratory problems and stroke, plus psychiatric and psychological conditions.
The DVA explains that the legislative instruments used for assessment are two versions of the Guide to the Assessment of Rates of Veterans’ Pensions, or GARP.
GARP V is used to assess for a disability pension under the VEA.
GARP M, or the Guide to Determining Impairment and Compensation, is a specially adapted edition of GARP V that is used to assess compensation claims under MRCA.
Their provisions are binding on the Repatriation Commission, the Military Rehabilitation and Compensation Commission, the Veterans’ Review Board and the Administrative Appeals Tribunal.
If you are injured or suffer a disease during your ADF service, you can claim:
- Medical expenses
- Disability pensions (which is payable on a fortnightly basis, potentially for the remainder of your life)
- Comcare claims
- Rehabilitation costs
- Help with domestic duties
If you sustain a permanent disability you may also be entitled to a lump-sum payment. The assessment process for determining the impact of a permanent disability is complicated and it is generally only paid once. Getting quality legal advice is vital in this circumstance.
What happens if my claim is rejected or the compensation amount is inadequate?
If you’re not satisfied with the result of your claim or it’s rejected outright, Cardillo Gray Partners will guide you through the dispute process.
The first step is to seek a review under the relevant legislation. An officer not involved in the initial assessment will re-examine the facts and circumstances of the case to determine if an appropriate decision has been made.
If the review returns an unsatisfactory result, an appeal can be made to the Administrative Appeals Tribunal. Rest assured, our team of highly experienced ADF specialist lawyers will be with you every step of the way, ensuring you get the compensation you rightly deserve.
