David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

I am advised that the longstanding practice is that compensation is offset for the same incapacity. What gives rise to the same incapacity is a medical question. The Smith decision, although unique, casts some doubt on this operation, and if different injuries give rise to the same incapacity—that is, the same effect of that condition—the basis on which the veteran is compensated may not be offset. As a result it was felt that the legislation needed clarifying.