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Australian Defence Force Cover Act 2015
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Department of Defence
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C2023C00402 (C07)
20 October 2023
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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
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Part 2—Benefits for incapacity of invalid
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Division 1—Simplified outline of this Part
15 Simplified outline of this Part
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Division 2—Invalidity pension
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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
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Subdivision A—Invalid’s spouse pension
26 Pension payable to surviving spouse after death of invalid
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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
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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
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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
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Part 3—Benefits for death of covered ADF member
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Division 1—Simplified outline of this Part
32 Simplified outline of this Part
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Division 2—Surviving spouse’s benefit for death of covered ADF member
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Subdivision A—Lump sum benefit
33 Benefit for surviving spouse of covered ADF member who dies
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Subdivision B—Pension
34 Surviving spouse may choose to receive benefit as pension
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Division 3—Eligible children’s benefits for death of covered ADF member
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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
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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
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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
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Part 4—General provisions about benefits
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Division 1—Simplified outline of this Part
38 Simplified outline of this Part
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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
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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
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Division 4—Indexation of pension rates etc.
43 Indexation of factors affecting pension rates
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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
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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
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Division 7—Protection of benefits
49 Benefits are inalienable
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Part 5—Administration and finance
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Division 1—Simplified outline of this Part
50 Simplified outline of this Part
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Division 2—Administration
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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
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Subdivision B—Choices and notices
55 Way in which choices about benefits must be made
56 Notices may be given to or by agent
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Subdivision C—Reconsideration of CSC decisions
57 Reconsideration of CSC decisions by CSC
58 Request for reconsideration by CSC
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Subdivision D—Delegation
59 CSC taken to have exercised power if delegate exercises power
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Division 3—Finance
60 Appropriation for benefits
61 Recoverable payments
62 Recoverable death payments
63 Reports about recoverable payments and recoverable death payments
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
