How to apply

How to apply

If you would like to claim compensation for health conditions relating to your F-111 service, you should first of all apply to have your Tier classification determined. Tier classification is a rating that reflects a worker's level of involvement in F-111 fuel tank maintenance activities. The definitions specify the exact types of fuel tank maintenance work, associated tasks and duration required to meet Tier 1, 2 or 3 classification.

You can do this by completing form D9021: Application for Tier Classification by an F-111 deseal/reseal program participant or F-111 fuel tank entry maintenance worker 
Representatives from the estates of deceased workers can also apply, with form D9022: Application for Tier Classification by the estate of an F-111 deseal/reseal program participant or F-111 fuel tank entry maintenance worker

If it is determined that you are Tier 1, 2 or 3, you will then be invited to submit a claim for compensation under ss7(2) of the DRCA, and to register with the SHOAMP Health Care Scheme.

If it is determined that you are not Tier 1, 2 or 3 you may still claim compensation through the usual VEA or DRCA claims process.

A compensation claim can be lodged at any time, but lodging a Tier application first is the most efficient way for the department to assess your eligibility.

Specified conditions

There are specific medical conditions/illnesses for which you can claim compensation under particular legislation (see below), without needing to prove the link between your illness and your work. In other words these are conditions where liability is automatically accepted by Government, making it easier for you to claim.

If you are making a compensation claim, the Government accepts liability for any of these 31 specified ill-health conditions, using special provisions in the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA). Under the SHOAMP Health Care Scheme the Government will pay for your treatment costs while your claim is being decided. (Arrangements are different if you claim under the VEA).

In some circumstances where your compensation claim is rejected, the SHOAMP Health Care Scheme will continue to cover the treatment costs for a specified condition.

You can also get health care treatment costs covered for alcohol/drug dependence, under the SHOAMP Heath Care Scheme. But while alcohol/drug dependence is covered for health care treatment costs, it is not on the list of 31 specified conditions for automatic acceptance of compensation claims.

What if I am suffering from a condition that is not on the list?

If you have conditions, other than the 31 specified conditions, that you believe have been caused by your service, you can still claim compensation and should follow usual claiming procedures. Claim forms are available on the DVA website or you can call 1800 VETERAN (1800 838 372) so DVA can post one out to you. 

Statutory Declarations

The use of statutory declarations recognises the particular issues that may be encountered by F-111 fuel tank maintenance personnel, in the absence of official records.

When considering your application for Tier classification and claims for compensation and health care benefits, DVA takes into account official records including your service records and pay slips.

In the absence of official records, conflicting or inconclusive evidence, we may use a statutory declaration by yourself (the applicant). Your statutory declaration should include the following information: 

• full particulars and history of service including overall dates; 
• type of employment; 
• approximate dates when involved in tasks described in Tier 1, 2 or 3 definitions; 
• if fuel tank entry was involved, details of entry including types of duties; 
• an explanation as to why there are no official records, if known; 
• details of any documents that were in the person’s possession and why/how they were lost; and 
• names of other persons working with you at the same time who can corroborate your fuel tank entry work and how they know you, and those persons’ contact details, if known.

Where possible you should include a second, supporting statutory declaration, made by an authorised person who can support the claim.

An authorised person can be: 

• a commanding officer 
• a person who was the claimant’s supervising trade NCO at the time of fuel tank entry or entries or at the time they undertook other eligible tasks 
• a person who worked directly with the claimant as: 
  • a superior; or 
  • a co-worker; who has been determined to have Tier 1, Tier 2 or Tier 3 classification and whose own claim for Tier classification had primary or secondary evidence taken into account.

If you cannot locate or contact an authorised person, please include the following information in your own statutory declaration:

• why you are unable to contact any authorised persons 
• names of those persons (if you can recall) whom you cannot locate or contact, but who would have been able to confirm your F-111 work. DVA claims investigators will try to establish contact with such persons, or will try to identify alternative authorised persons, on your behalf 
• your permission for DVA investigators to provide your name and your F-111 work details to potential authorised persons (whom DVA identifies and contacts) for the purpose of providing support to your claim.

A supporting statutory declaration made by an authorised/corroborating person should include the following information: 

• the periods of supervision of, or association, with the claimant while they were undertaking fuel tank maintenance work requiring fuel tank entry or other eligible tasks; 
• details of the applicant’s roles, including any fuel tank entry work; and 
• if applicable, the date of decision of the authorised/corroborating person’s own Tier classification.

The decision making process

When applications for Tier classification are being determined, all of the evidence available is considered.

DVA must be satisfied that on the balance of probability, the available evidence satisfies the eligibility criteria. The evidence used in the decision making process (order of weighting is from highest to lowest) includes: 

1. Primary evidence – sourced from official Air Force (or other employer) records, including: 
   • individual service and personnel records 
   • the Airman’s Trade Progress Sheet 
   • Air Force Record of Training and Employment 
   • Defence pay records that show evidence of tank entry 
   • Fuel Tank Entry Permits (from 1993-2000). 
2. Secondary evidence – sourced from: 
   • statements made to the Air Force Board of Inquiry or in support of an individual’s compensation claim 
   • the individual’s application for inclusion in the Interim or Study of Health Outcomes in Aircraft Maintenance Personnel (SHOAMP) Health Care Schemes (SHCS). 
3. Tertiary evidence, including: 
   • statutory declaration from claimant, corroborated by primary or secondary evidence (eg, work records; with that evidence sourced by DVA investigators, if necessary) 
   • a second supporting statutory declaration made by an authorised/corroborating person (if possible) 
   • personal photographs 
   • personal copies of service records which are not available in official individual personnel records.

Investigation

Where primary and/or secondary evidence is unavailable from a claimant, DVA will attempt to source such evidence. Where DVA is unable to source such evidence, investigators will then attempt to identify and contact a third party (potential authorised person/s) to lend weight to a claim.

Evidence is tested for plausibility

It should be noted that the provision of two statutory declarations does not automatically result in the end of the investigation process. The eligibility assessment team must still investigate the claim, which includes attempting to source primary and secondary evidence, to support eligibility. The investigations team will make every effort to verify information contained in statutory declarations.

The content of the two statutory declarations will be subject to a test of plausibility in the same way that other evidence is assessed. It should be noted that as a result of this testing, contrary evidence may emerge.

False statements

A person who wilfully makes a false statement in a statutory declaration is guilty of an offence and may be fined or jailed, or both. 
All claims where evidence suggests a person has deliberately made a fraudulent statement by statutory declaration will be referred to the DVA Compliance Section for further investigation.

Right of review

If you are not happy with the decision about how your Tier classification was determined, you may ask for a re-assessment.  

If you are not satisfied with the decision you can apply at any time to the Commonwealth Ombudsman to examine your case. The Ombudsman will only consider the decision-making process that was undertaken and the information considered by the Department which resulted in the decision. The Ombudsman cannot review the decision itself. 

Online: Commonwealth Ombudsman 

Phone: 1300 362 072 

Email: ombudsman [at] ombudsman.gov.au (ombudsman[at]ombudsman[dot]gov[dot]au) 

Post: GPO Box 442, Canberra ACT 2601