Commonwealth Consolidated Acts

AUSTRALIAN DEFENCE FORCE COVER ACT 2015

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  
   3.      Simplified outline of this Act  

           Division 2--Definitions

   4.      Definitions  
   5.      Definition of eligible child  
   6.      Definition of eligible children pension percentage  
   7.      Definition of marital or couple relationship  
   8.      Definition of prospective service to age 60  
   9.      Definition of salary  
   10.     Definition of spouse pension child supplement percentage  
   11.     Definition of surviving spouse  

           Division 3--Scope of this Act

   12.     This Act binds the Crown  
   13.     Extension to external Territories  
   14.     Extraterritoriality  

   PART 2--BENEFITS--FOR INCAPACITY OF INVALID

           Division 1--Simplified outline of this Part

   15.     Simplified outline of this Part  

           Division 2--Invalidity pension

              Subdivision A--Invalidity pension

   16.     Invalidity pension  
   17.     Top - up annual rate of invalidity pension  

              Subdivision B--Classifying invalid's incapacity for civil employment

   18.     Determining person's incapacity for civil employment  
   19.     Substantive classification  
   20.     Interim classification  
   21.     Date of classification  
   22.     Notice of classification  

              Subdivision C--Incapacity for which invalidity pension is not payable

   23.     Incapacity due to pre - existing condition of invalid with not more than 2 years' membership of the ADF  
   24.     Incapacity due to intentional act  
   25.     Incapacity arising on extended absence without leave  

           Division 3--Surviving spouse's benefit after death of invalidity pensioner

              Subdivision A--Invalid's spouse pension

   26.     Pension payable to surviving spouse after death of invalid  

              Subdivision B--Choosing to convert invalid's spouse pension to lump sum

   27.     Choice by surviving spouse under 60 to convert pension to lump sum  

           Division 4--Eligible children's pension after death of invalidity pensioner

              Subdivision A--Pension if there is no surviving spouse when invalid dies

   28.     Pension payable to eligible children if invalid dies without a surviving spouse  

              Subdivision B--Pension if surviving spouse of invalid received invalid's spouse pension then died

   29.     Pension payable to eligible children dependent on surviving spouse who received invalid's spouse pension then died  

           Division 5--Special provisions affecting pension for surviving spouse or eligible children

   30.     Divisions 3 and 4 operate in some cases as if invalid who died were classified as class A and received invalidity pension  
   31.     Divisions 3 and 4 operate as if invalid was receiving suspended invalidity pension when he or she died  

           Division 6--Other provisions

   31A.    Persons who could have been medically discharged  

   PART 3--BENEFITS--FOR DEATH OF COVERED ADF MEMBER

           Division 1--Simplified outline of this Part

   32.     Simplified outline of this Part  

           Division 2--Surviving spouse's benefit for death of covered ADF member

              Subdivision A--Lump sum benefit

   33.     Benefit for surviving spouse of covered ADF member who dies  

              Subdivision B--Pension

   34.     Surviving spouse may choose to receive benefit as pension  

           Division 3--Eligible children's benefits for death of covered ADF member

              Subdivision A--Lump sum benefit if covered ADF member died without a surviving spouse

   35.     Lump sum payable to eligible children if no surviving spouse  

              Subdivision B--Pension if surviving spouse of covered ADF member received pension then died

   36.     Pension payable to eligible children dependent on surviving spouse who received pension then died  

           Division 4--Benefit for beneficiaries or estate of covered ADF member who died without a surviving spouse and eligible children

   37.     Lump sum benefit for covered ADF member's beneficiaries or estate  

   PART 4--GENERAL--PROVISIONS ABOUT BENEFITS

           Division 1--Simplified outline of this Part

   38.     Simplified outline of this Part  

           Division 2--Allocation of benefit if more than one person entitled

   39.     CSC to allocate benefit if otherwise payable to more than one surviving spouse or nominated beneficiary  

           Division 3--Payment of benefits

   40.     Pensions to be paid in fortnightly instalments  
   41.     Payment of part of surviving spouse's pension attributable to eligible children of invalid or covered ADF member  
   42.     Payment of benefit to person other than beneficiary, for beneficiary's welfare  

           Division 4--Indexation of pension rates etc.

   43.     Indexation of factors affecting pension rates  

           Division 5--Lump sums payable instead of small pensions

   44.     Automatic conversion of small pensions to lump sums  
   45.     Choice to receive small pension is ineffective  

           Division 6--Stopping payment for failure to give information etc.

   46.     Withholding payment of benefit while required information not given  
   47.     Suspension of invalidity pension for invalid's failure to submit to medical examination or give work information to CSC  
   48.     Relationship between sections 46 and 47  

           Division 7--Protection of benefits

   49.     Benefits are inalienable  

   PART 5--ADMINISTRATION--AND FINANCE

           Division 1--Simplified outline of this Part

   50.     Simplified outline of this Part  

           Division 2--Administration

              Subdivision A--Information

   51.     Department to give CSC information around time of medical discharge  
   52.     Department to give CSC information about covered ADF member who dies  
   53.     CSC may rely on information given by the Department  
   54.     Use and disclosure of personal information by CSC  

              Subdivision B--Choices and notices

   55.     Way in which choices about benefits must be made  
   56.     Notices may be given to or by agent  

              Subdivision C--Reconsideration of CSC decisions

   57.     Reconsideration of CSC decisions by CSC  
   58.     Request for reconsideration by CSC  

              Subdivision D--Delegation

   59.     CSC taken to have exercised power if delegate exercises power  

           Division 3--Finance

   60.     Appropriation for benefits  
   61.     Recoverable payments  
   62.     Recoverable death payments  
   63.     Reports about recoverable payments and recoverable death payments  

   PART 6--MISCELLANEOUS

   64.     Simplified outline of this Part  
   65.     Splitting of benefits under the Family Law Act 1975  
   66.     Variation etc. of rights under this Act  
   67.     Rules