23 June 2011

AAT affirms decision of MRCC holding that State compensation must be offset against any SRCA entitlement

The Commonwealth Administrative Appeals Tribunal today affirmed, Roberts v. Military Rehabilitation and Compensation Commission [2011] AATA 430.

Jeffery Roberts was a member of the Royal Australian Air Force and whilst on active duty sustained serious damage to four teeth and a broken jaw. He was then awarded a payment from New South Wales under the Victims Compensation Act 1996 (NSW) (now renamed the Victims Support and Rehabilitation Act 1996 (NSW). However, Mr Roberts also lodged a claim to the Australian Government under the Safety, Rehabilitation and Compensation Act 1988 or SRCA.

The Australian Rehabilitation and Compensation Commission determined that the Commission was not liable to pay compensation under SRCA because Mr Roberts had already received compensation from the NSW State Government. The AAT affirmed.

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