Veterans
Am I entitled to benefits?
Veterans, current and former serving members and their families and carers may be eligible for a range of benefits and services provided by the Department of Veterans’ Affairs (DVA).
Am I entitled to compensation?
If you or a family member has suffered a loss due to an injury, disease or death which is related to service with the Australia Defence Force, you may be able to make a claim for compensation and support from the Department of Veterans’ Affairs (DVA).
Compensation is only available if certain criteria are met.
How do I make a claim for benefits or compensation?
You can make a claim for benefits or compensation by applying to the Department of Veterans’ Affairs (DVA) under the:
- Veterans’ Entitlements Act 1986
- Safety Rehabilitation and Compensation Act 1988 or
- Military Rehabilitation and Compensation Act 2004.
You can get help with an application for benefits under this scheme from the Returned and Services League (RSL) - Pensions, Advocacy and Welfare Services (PAWS) or from Legacy.
What types of claims can I make?
You can make a claim for:
- acceptance of liability for an injury, disease or death
- acceptance of liability for loss of or damage to medical aids
- compensation — eg permanent impairment compensation, compensation for incapacity for work or service
- compensation for the cost of household and attendant care, treatment and death benefits
- applying for income support, such as service pension and income support supplement.
My claim has been refused. What can I do?
The Veterans’ Review Board can review decisions made by the Department of Veterans’ Affairs (DVA) under the:
- Veterans Entitlements Act 1986
- Military Rehabilitation and Compensation Act 2004.
If you are unhappy with the decision of the Veterans’ Review Board, you can appeal the decision to the Administrative Appeals Tribunal - General Division(AAT).
Decisions made under the Safety Rehabilitation and Compensation Act 1988 can also be appealed to the Administrative Appeals Tribunal - General Division.
If you are appealing a decision about Defence Force service to the Administrative Appeals Tribunal - General Division, you should get legal assistance.
Do I need legal advice?
You may need legal advice if you
- want to appeal a decision about Defence Force service, including appeals to the AAT.
Get legal advice
Legal Aid Queensland may provide legal assistance to eligible clients in appealing a decision about defence force service. Legal Aid Queensland can only assist once all internal appeal processes have been exhausted. Therefore, Legal Aid Queensland can only assist once your matter reaches the Administrative Appeals Tribunal (AAT) or Federal Court stage.
For more information about assistance Legal Aid Queensland may be able to provide, read the Free legal help for war veterans—the war veterans legal aid scheme publication.
The following organisations may also be able to give legal advice on your matter.
Community legal centres give legal advice on a range of topics. Contact them to see if they can help with your matter.
Queensland Law Society can refer you to a specialist private solicitor for advice or representation.
Who else can help?
These services may also be able to help you. They do not provide legal advice.
Returned and Services League (RSL) - Pensions, Advocacy and Welfare Services (PAWS) assists veterans, ADF personnel and their dependents to make claims for compensation and benefits.
Legacy is a charity that provides services to families suffering financially and socially after the incapacitation or death of a spouse or parent, during or after their Defence Force service.
Department of Veterans’ Affairs (DVA) provides support, compensation and information to veterans and their dependants, ADF personnel, war widows/widowers and members of the Australian Federal Police.
Veterans' Review Board is an independent tribunal that reviews decisions made by the Department of Veterans’ Affairs under the Veterans Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Defence and Veterans Legal Service - there is a current Royal Commission looking at the experiences of veterans. If you would like to know more about the Commission or need legal assistance to engage with the Commission there is a free legal service who can assist you.
Administrative Appeals Tribunal - General Division provides an external review option for decisions made about Defence Force service.
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
Last updated 1 December 2022