Military Compensation Law in Australia 2004-2021

Abstract

This paper discusses developments in military compensation law in Australia from 2004, when a new military compensation scheme was established by the Military Rehabilitation and Compensation Act 2004 (Cth) (MRCA), until 2021, a time when the future of military compensation in Australia hangs in the balance. Context is provided by a discussion in the first section of the paper of the background to these developments from Federation to 2004.

Recent years have seen an upswell in community dissatisfaction with existing military compensation arrangements, prompted to a large extent by the complexity of the legislative arrangements, major service delivery issues, and a growing recognition that military compensation needs a more holistic, 'wellbeing' approach if it is to meet the needs of veterans and their families.

This paper summarises the position to 2004 and then outlines the developments in military compensation, on a chronological basis, from 2004 to 2021. The discussion also attempts to chart a narrative of why and how these developments occurred, and how they fit within, and arise from, the operational deployments of the ADF since the end of the Vietnam War in the late-1970s. Show more