Document ID: chunk:federal_register_of_legislation:F2017L01455:body:0:p2
Version: federal_register_of_legislation:F2017L01455
Segment Type: other
Provision Reference: 
Character Range: 3570–6178

compensation schemes

      (1)           For subsection 5(3C) of the Act, a person is a nuclear test participant if the person –
        (a)   has received compensation under the Act of Grace Scheme; or
      (b) has received compensation under the Special Administrative Scheme; or
         (c) has received compensation, or has been assessed by the Administering Authority as eligible to receive compensation, under the Administrative Scheme for the Purposes of Compensating Persons Present at British Nuclear Test Sites in Australia –
      in respect of the person's known or likely exposure to radiation from the British nuclear tests.

      (2)           To avoid doubt, a person is not a nuclear test participant under subsection (1) if the person received compensation only by virtue of being a dependant of a person who died as a result of a condition caused by exposure to radiation from the British nuclear tests.

  6         Specified requirements – persons entitled under statutory compensation schemes

      (1)      For subsection 5(3C) of the Act, a person is a nuclear test participant if:
        (a)         the person has received compensation under the Veterans' Entitlements Act 1986 or under a workers' compensation law of the Commonwealth or a State or Territory; and
        (b)         the compensation related to a condition caused by exposure to radiation from the British nuclear tests; and
        (c)         the person was, at the time of the exposure, an Australian resident.

          Note: Commonwealth workers' compensation laws in force from the time of the British nuclear tests include the Safety, Rehabilitation and Compensation Act 1988 and its antecedents, the Commonwealth Employees' Compensation Act 1930 and the Compensation (Commonwealth Government Employees) Act 1971. State workers' compensation laws in force from the time of the British Nuclear tests include the Workers' Compensation Act 1912 (WA).

      (2)      To avoid doubt, a person is not a nuclear test participant under subsection (1) if the person received compensation only by virtue of being a dependant of a person who died as a result of a condition caused by exposure to radiation from the British nuclear tests.

  7         Specified requirements – ADF members who served in Japan before the British Commonwealth Occupation Force

  For subsection 5(3C) of the Act, a person is a nuclear test participant if the person was a member of the Australian Defence Force who served in Japan at any time during the period from the beginning of 16 August 1945 to the end of 30 January 1946.