Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 2   Single ongoing Act enhancements

Part 1   Amendments relating to allowances etc.

Division 5   Prisoner of war ex gratia payments

Military Rehabilitation and Compensation Act 2004

47   After Chapter 5

Insert:

Chapter 5AA - Compensation relating to prisoners of war

Part 1 - Preliminary

268AF Simplified outline of this Chapter

This Chapter provides compensation in respect of former members and civilians who have been prisoners of war.

Part 2 provides compensation payments in respect of former members and civilians interned by certain military forces during designated war periods.

Under Part 3, a prisoner of war recognition supplement is payable to former members and civilians who were interned by certain military forces during designated war periods.

268AG Definitions

(1) In this Chapter:

civilian means a person who is not a member or former member.

compensation eligibility date : see section 268AH.

designated war period : see section 268AH.

enemy State means:

(a) a European State that was at war with the Crown at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945; or

(b) a European ally (whether or not a State) of a State covered by paragraph (a).

interned means:

(a) confined in a camp, building, prison, cave or other place (including a vehicle); or

(b) restricted to residing within specified limits.

military forces means air forces, naval forces, land forces or other military forces (however described).

relevant military forces : see section 268AH.

(2) For the purposes of this Chapter, the definition of partner in section 5 has effect as if a reference to a member includes a civilian.

268AH Meaning of relevant military forces , designated war period and compensation eligibility date

The following table sets out:

(a) the military forces that are relevant military forces ; and

(b) the period that is the designated war period for those relevant military forces; and

(c) the date that is the compensation eligibility date in respect of those relevant military forces and that designated war period.

Part 2 - Compensation in respect of former members and civilians interned by certain military forces

268AI Simplified outline of this Part

This Part provides for compensation payments in respect of former members and civilians interned by certain military forces during designated war periods.

268AJ Compensation in respect of former members and civilians interned by certain military forces

Former members

(1) The Commonwealth is liable to pay compensation to a person if:

(a) the person is a former member; and

(b) the person was interned by relevant military forces at any time during the designated war period for the relevant military forces; and

(c) the person was alive on the compensation eligibility date for the relevant military forces and designated war period; and

(d) a claim for compensation in respect of the person has been made under section 319.

Partners of deceased members

(2) The Commonwealth is liable to pay compensation to a person in respect of a deceased member if:

(a) the deceased member was interned by relevant military forces at any time during the designated war period for the relevant military forces; and

(b) the deceased member died before the compensation eligibility date for the relevant military forces and designated war period; and

(c) the person was a partner of the deceased member immediately before the member's death; and

(d) the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

(e) a claim for compensation in respect of the deceased member has been made under section 319.

Civilians

(3) The Commonwealth is liable to pay compensation to a person in the person's own right as a civilian if:

(a) the person was interned by the relevant military forces covered by item 1 or 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

(b) the person was domiciled in Australia immediately before the civilian's internment; and

(c) the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

(d) a claim for compensation in respect of the person has been made under section 319.

Partners of deceased civilians

(4) The Commonwealth is liable to pay compensation to a person in respect of a deceased civilian if:

(a) the deceased civilian was interned by the relevant military forces covered by item 1 or 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

(b) the deceased civilian was domiciled in Australia immediately before the civilian's internment; and

(c) the deceased civilian died before the compensation eligibility date for the relevant military forces and designated war period; and

(d) the person was a partner of the deceased civilian immediately before the civilian's death; and

(e) the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

(f) a claim for compensation in respect of the deceased civilian has been made under section 319.

Dependants (other than partners and children) of deceased members

(5) The Commonwealth is liable to pay compensation to a person in respect of a deceased member if:

(a) the deceased member was interned by the relevant military forces covered by item 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

(b) the deceased member died before the compensation eligibility date for the relevant military forces and designated war period; and

(c) the person was a dependant (within the meaning of the VEA), but not a partner or a child, of the deceased member immediately before the member's death; and

(d) the person was alive at the start of the compensation eligibility date for the relevant military forces and designated war period; and

(e) a claim for compensation in respect of the deceased member has been made under section 319.

One payment only

(6) The Commonwealth is not liable to pay compensation under subsection (1), (2), (3), (4) or (5) in respect of a person if:

(a) compensation under any of those subsections has previously been paid in respect of the person; or

(b) a payment under any of the following has previously been made in respect of the person:

(i) the Compensation (Japanese Internment) Act 2001;

(ii) Schedule 5 to the Social Security and Veterans' Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007;

(iii) Part 2 of the Veterans' Entitlements (Clarke Review) Act 2004;

(iv) the Veterans' Entitlements (Compensation - Japanese Internment) Regulations 2001.

268AK Amount of compensation

The amount of compensation payable under section 268AJ is $25,000.

Part 3 - Prisoner of war recognition supplement

268AL Simplified outline of this Part

This Part provides for the payment of a prisoner of war recognition supplement to former members and civilians who were interned by certain military forces during designated war periods.

268AM Eligibility for prisoner of war recognition supplement

Former members

(1) A person is eligible for prisoner of war recognition supplement under this section if:

(a) the person is a former member; and

(b) the person was interned by relevant military forces at any time during the designated war period for the relevant military forces.

Civilians

(2) A person is eligible for prisoner of war recognition supplement under this section if:

(a) the person was interned by the relevant military forces covered by item 1 or 3 of the table in section 268AH at any time during the designated war period for the relevant military forces; and

(b) the person was domiciled in Australia immediately before the civilian's internment.

One supplement only

(3) A person is not entitled to more than one prisoner of war recognition supplement under this section.

268AN Rate of prisoner of war recognition supplement

The rate of prisoner of war recognition supplement that is payable under section 268AM is $673.00 per fortnight.

Note: The amount of $673.00 is indexed under section 404B.

268AO Payment of prisoner of war recognition supplement

Prisoner of war recognition supplement under this Part is not payable to a person unless the person makes a claim for compensation under section 319.