How do I access information relating to claims?
This page explains the various ways that you can access information held by DVA pertaining to claims.
On this page
Relevant acts
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the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA);
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the Military Rehabilitation and Compensation Act 2004 (MRCA); and
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the Freedom of Information Act 1982 (FOI Act).
It also explains how you can access historical information under the Archives Act 1983.
Back to topCan I access information under the DRCA or the MRCA?
Section 59 of the DRCA (section 59) and section 331 of the MRCA (section 331) provide persons who have made claims under these Acts the ability to access documents held by the Military Rehabilitation and Compensation Commission (MRCC) relating to their claim.
A current claim includes:
- a claim that is yet to be determined;
- a claim in which liability has been accepted but the extent of liability may require further determination; or
- a determined claim to which review /appeal rights remain available.
A request for any documents held by the MRCC that relates to the person’s claim, may include records held by the MRCC in hard copy or electronically. Such a request may also capture policy documents which a MRCC delegate has relied on in making a determination on the claim or other documents of an operational or administrative nature that support the claim process such as factsheets, procedures and guidelines.
Where you make a request for documents relating to your claim, without specifying under which Act the request is made, your application will be processed, as far as possible, under section 59 or section 331, whichever is appropriate. DVA will advise you if a full release of the documents requested is not possible under section 59 or section 331.
Back to topHow do I make a request under the DRCA or the MRCA?
If you wish to make a request under section 59 (DRCA) or section 331 (MRCA), this should be made in writing (e.g. by letter, or email), and it should be made by you or by your authorised representative. The request should include a description of the document or documents which you seek to access.
Back to topWhat information cannot be accessed under section 59 of the DRCA or section 331 of the MRCA?
If you do have a current DRCA or MRCA claim and make a request for information under the DRCA or MRCA, there are certain documents you will not be provided access to, including those:
- not related to your claim;
- publicly available through other sources or can be easily purchased or otherwise obtained;
- attracting legal professional privilege;
- containing information about departmental investigations which is of its nature deliberative (i.e. opinions, advice and recommendations relating to the deliberative processes of the Department).
Where you do not have a current DRCA or MRCA claim, section 59 and section 331 do not apply. In this case, you may wish to make a request under the FOI Act instead (see below for further information).
The Veterans’ Entitlements Act 1986 (VEA) does not have a similar provision to section 59 and section 331 under the DRCA and the MRCA. If you wish to access information relating to your VEA claim, you should make an application under the FOI Act (see below for further information).
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