Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 118, 2015
Compilation No. 7
Compilation date: 20 October 2023
Includes amendments up to: Act No. 76, 2023
Registered: 5 November 2023
About this compilation
This compilation
This is a compilation of the Australian Defence Force Cover Act 2015 that shows the text of the law as amended and in force on 20 October 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
Division 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of this Act
Division 2--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
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
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
118, 2015 | 10 Sept 2015 | s 3-67: 1 July 2016 (s 2(1) item 2) |
| |
164, 2015 | 2 Dec 2015 | Sch 2 (items 7-9, 80): 1 July 2016 (s 2(1) item 2) | Sch 2 (item 80) | |
Defence Legislation Amendment (2017 Measures No. 1) Act 2017 | 117, 2017 | 30 Oct 2017 | Sch 4: 31 Oct 2017 (s 2(1) item 8) | Sch 4 (items 19, 37, 39) |
Marriage Amendment (Definition and Religious Freedoms) Act 2017 | 129, 2017 | 8 Dec 2017 | Sch 3 (item 26) and Sch 4: 9 Dec 2017 (s 2(1) item 7) | Sch 4 |
as amended by |
|
|
|
|
13, 2021 | 1 Mar 2021 | Sch 2 (item 540): 1 Sept 2021 (s 2(1) item 5) | -- | |
Treasury Laws Amendment (Putting Consumers First--Establishment of the Australian Financial Complaints Authority) Act 2018 | 13, 2018 | 5 Mar 2018 | s 4: 5 Mar 2018 (s 2(1) item 1) | |
Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020 | 112, 2020 | 8 Dec 2020 | Sch 3 (items 1-7) and Sch 4 (items 1, 5): 28 Sept 2022 (s 2(1) item 1) | Sch 4 (items 1, 5) |
Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Act 2020 | 146, 2020 | 17 Dec 2020 | Sch 3 (items 1, 2, 8, 9): 18 Dec 2020 (s 2(1) item 1) | Sch 3 (items 8, 9) |
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Act 2023 | 76, 2023 | 20 Sept 2023 | Sch 2 (item 624): 20 Oct 2023 (s 2(1) item 2) | -- |
Provision affected | How affected |
Part 1 |
|
Division 2 |
|
s 4..................... | am No 164, 2015 |
| ed C1 |
| am No 117, 2017; No 112, 2020; No 146, 2020 |
s 5..................... | am No 117, 2017 |
s 7..................... | am No 129, 2017 |
s 10.................... | am No 117, 2017 |
Part 2 |
|
Division 1 |
|
s 15.................... | am No 117, 2017 |
Division 2 |
|
Subdivision B |
|
s 18.................... | am No 117, 2017 |
s 19.................... | am No 117, 2017 |
s 21.................... | am No 117, 2017 |
| ed C2 |
Division 3 |
|
Subdivision A |
|
s 26.................... | am No 117, 2017 |
Division 6 |
|
Division 6................ | ad No 117, 2017 |
s 31A................... | ad No 117, 2017 |
Part 3 |
|
Division 1 |
|
s 32.................... | am No 117, 2017 |
Division 2 |
|
Subdivision B |
|
s 34.................... | am No 117, 2017 |
Part 4 |
|
Division 2 |
|
s 39.................... | am No 117, 2017 |
Division 3 |
|
s 41.................... | am No 117, 2017 |
s 42.................... | am No 117, 2017 |
Part 5 |
|
Division 2 |
|
Subdivision A |
|
s 51.................... | am No 117, 2017 |
Subdivision C |
|
s 57.................... | am No 13, 2018; No 76, 2023 |
s 58.................... | am No 117, 2017 |
Part 6 |
|
s 64.................... | am No 112, 2020 |
s 65.................... | am No 112, 2020 |