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May 9, 2013

Categories Of Payment Under DART Scheme

Reparation Payments paid under the Defence Abuse Response Team (DART) are not paid as compensation but are meant as an acknowledgement by Defence that the abuse was wrong and can have a lasting and serious impact. Further, reparation payments can be an acknowledgement that mismanagement of reports an/or complaints made to Defence, be they verbal or written, is unacceptable.

In order to determine the amount paid, abuse will be categorized into 4 different categories with an additional fifth category should the applicant allege mismanagement of a complaint by Defence.

The Categories of abuse are as follows:

Category 1 Abuse: $5,000

Category 2 Abuse: $15,000

Category 3 Abuse: $30,000

Category 4 Abuse: $45,000

Category 5 Mismanagement by Defence: $5,000

Amounts do not represent a sliding scale but are intended to allow for the recognition of increasingly serious abuse when considered relative to other allegations before the Taskforce.

Assessing officers will not be given specific criteria to be applied to each category which is to allow for the expected variations in each individuals experiences. In other words, how the abuse alleged is categorized will be left largely in the assessor’s discretion. However, we receive some guidance by way of examples provided in the guidelines; that being that a single incident of physical assault with no serious injury might fall within category 1 or 2 whereas a serious sexual assault, such as a rape, would fall within category 4.

Category 5 Payments

The $5,000.00 available under category five is a separate and additional reparation payment which is made available to those who allege that their complaint, be it verbal or written, was mismanaged by Defence. The complaint must have been made prior to the 11 April 2011 however the mismanagement may have occurred after this date and indeed may be ongoing. These payments can be made with or without a reparation payment (Category 1 – 4) being made.

If you have been a victim of abuse as an employee of Australia’s armed forces you should contact us immediately so that we can register your interest with the Taskforce prior to the 31 May 2013 deadline. You can contact us directly and confidentially on 1300 366 441 or email abuse@rctlaw.com.au.

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