{"id":"F2025L00863","name":"PGPA Act Determination (Military Death Claim Compensation Special Account 2025)","slug":"pgpa-act-determination-military-death-claim-compensation-special-account-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442898,"registerId":"F2025L00863-fast-fetch-1775957815659","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PGPA Act Determination (Military Death Claim Compensation Special Account 2025)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nPGPA Act Determination (Military Death Claim Compensation Special Account 2025)\n\nI, KATY GALLAGHER, Minister for Finance, make the following determination.\n\nDated   19 July 2025\n\nKATY GALLAGHER\n\nMinister for Finance\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Establishment\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Establishment of the special account\n\n6  Accountable authority responsible for the special account\n\nPart 2—Special account credits and debits\n\n7  Amounts that may be credited to the special account\n\n8  Purposes of the special account\n\nPart 3—Transitional, revocation and repeal provisions\n\n9  Opening balance of the special account\n\n10  Revocation of MDCC Special Account 2015\n\n11  Additional repeal provisions\n\n \n\nPart 1—Establishment\n\n \n\n1  Name\n\n  This instrument is the PGPA Act Determination (Military Death Claim Compensation Special Account 2025).\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n| Column 1 | Column 2 | Column 3 |\n| --- | --- | --- |\n| Provisions | Commencement | Date/Details |\n| The whole of this instrument | The later of the day mentioned in paragraph 79(5)(a) of the PGPA Act or<br>22 September 2025. |  |\n\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any version of this instrument published on the Federal Register of Legislation.\n\n3  Authority\n\n  This instrument is made under subsections 78(1) and 78(3) of the PGPA Act.\n\n4  Definitions\n\n  In this instrument:\n\nDefence Force has the meaning given by the MRC Act.\n\nDRC Act means the Safety Rehabilitation and Compensation (Defence-related Claims) Act 1988.\n\nMDCC Instrument means the PGPA Act (Military Death Claim Compensation Special Account 2015 – Establishment) Determination 2015/08.\n\nMDCC Special Account 2015 means the Military Death Claim Compensation Special Account 2015 established by the MDCC Instrument.\n\nMRC Act means the Military Rehabilitation and Compensation Act 2004.\n\nPGPA Act means the Public Governance, Performance and Accountability Act 2013.\n\nthe special account means the Military Death Claim Compensation Special Account 2025 established by this instrument.\n\n \n\n5  Establishment of the special account\n\n  For paragraph 78(1)(a) of the PGPA Act, the Military Death Claim Compensation Special Account 2025 is established as a special account.\n\n6  Accountable authority responsible for the special account\n\n  For paragraph 78(1)(d) of the PGPA Act, the accountable authority responsible for the special account is the Secretary of the Department of Veterans’ Affairs.\n\nPart 2—Special account credits and debits\n\n \n\n7  Amounts that may be credited to the special account\n\n1.     For paragraph 78(1)(b) of the PGPA Act, the following amounts may be credited to the special account:\n\n\n1.       amounts received in accordance with a determination of a claim of the Military Rehabilitation and Compensation Commission in relation to the death of a member of the Defence Force; and\n2.       amounts received for the benefit of a person resulting from a claim made under the DRC Act or the MRC Act in relation to the death of a member of the Defence Force.\n\n\n1.     For paragraph 78(1)(b) of the PGPA Act, the following amounts must be credited to the special account:\n\n\n1.     the proceeds of amounts invested for the benefit of a person resulting from a claim made under the DRC Act or the MRC Act in relation to the death of a member of the Defence Force.\n\n\n8  Purposes of the special account\n\nFor paragraph 78(1)(c) of the PGPA Act, the purposes of the special account, in relation to which amounts may be debited from the special account, are the following:\n\n1.     payment of compensation made under the DRC Act or the MRC Act in relation to the death of a member of the Defence Force;\n2.     to invest amounts for the benefit of a person under the DRC Act or the MRC Act in relation to the death of a member of the Defence Force;\n3.       to repay amounts where a court order, an Act or other law requires or permits the repayment of an amount received.\n\n\nPart 3—Transitional, revocation and repeal provisions\n\n \n\n9  Opening balance of the special account\n\n1.     For paragraph 78(1)(b) of the PGPA Act, the amount in subsection 9(2) (opening balance) is required to be credited to the special account immediately after its establishment.\n2.     The opening balance is equal to the amount standing to the credit of the MDCC Special Account 2015 immediately prior to the commencement of this instrument.\n\n\n10  Revocation of MDCC Instrument\n\n  For subsection 78(3) of the PGPA Act, the MDCC Instrument is revoked.\n\n11  Additional repeal provisions\n\n1.     For subsection 78(3) of the PGPA Act, Part 3 of this instrument is repealed at the end of the seventh day after the revocation of the MDCC Instrument under section 10 (date of repeal).\n2.     For subsection 78(3) of the PGPA Act, the following definitions in section 4, are repealed on the date of repeal:\n\n\n1.     definition of MDCC Instrument; and\n2.     definition of MDCC Special Account 2015.\n\n\n1.     Despite subsection 11(1), the effects of Part 3 of this instrument remain in force after the date of repeal.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2015 instrument and re‑establishes the special account while carrying across its opening balance and preserving the same categories of credits and debits (payments, investments for beneficiaries, and repayments). The change is administrative and transitional (revocation, transfer, clean‑up of definitions) rather than an expansion or narrowing of the account’s substantive scope."},"complexity_factors":["Narrow, specialised subject matter (death compensation for Defence Force members) limits breadth","Cross‑references to other Acts (PGPA Act, MRC Act, DRC Act) requiring cross‑statutory reading","Conditional commencement tied to paragraph 79(5)(a) of the PGPA Act or a fixed date","Transitional mechanics: transfer of opening balance from the 2015 special account","Revocation and time‑limited repeal of Part 3 with savings for effects creates a short transitional drafting complexity","Defined terms determine scope of credits/debits (investment proceeds must be credited)","Designation of accountable authority concentrates decision and compliance responsibility in DVA Secretary"],"plain_english_summary":"Establishes the Military Death Claim Compensation Special Account 2025 to receive and hold amounts arising from death‑related compensation claims under the Military Rehabilitation and Compensation Act 2004 and the Safety Rehabilitation and Compensation (Defence‑related Claims) Act 1988. The Secretary of the Department of Veterans’ Affairs is named as the accountable authority and the balance of the 2015 special account is transferred across. Purpose‑stated uses are to pay compensation, invest funds for named beneficiaries, and make required repayments; this affects beneficiaries, payors of claim proceeds and DVA’s administration of those funds."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-establishment/replacement of an existing special account (the 2015 version). The scope remains tightly focused on its original purpose: managing compensation funds for deceased Defence Force members. The 2025 instrument does not expand beyond the 2015 account's purpose; it simply updates the legislative vehicle while maintaining the same functional scope."},"complexity_factors":["Short instrument: only 11 sections across 3 Parts","Minimal defined terms: only 6 definitions in section 4, most referencing external Acts","Simple conditional logic: primarily 'may' and 'must' credit/debit provisions with clear triggers","Limited cross-referencing: references to external Acts (PGPA Act, MRC Act, DRC Act) but no internal cross-referencing maze","Straightforward transitional provisions: simple balance transfer and revocation mechanism with automatic repeal of transitional Part 3 after 7 days","Single purpose instrument: focused exclusively on establishing and operating one special account"],"plain_english_summary":"This law creates the Military Death Claim Compensation Special Account 2025 — a dedicated government bank account to hold and manage funds for compensation when Australian Defence Force members die. It affects bereaved families, the Department of Veterans’ Affairs (which administers the account) and the Military Rehabilitation and Compensation Commission (which determines claims). By segregating compensation receipts, investment returns and the balance from the old 2015 account, it ensures funds are properly managed and used only for intended payments and lawful obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/pgpa-act-determination-military-death-claim-compensation-special-account-2025","history":"/api/acts/pgpa-act-determination-military-death-claim-compensation-special-account-2025/history","analysis":"/api/acts/pgpa-act-determination-military-death-claim-compensation-special-account-2025/analysis","conflicts":"/api/acts/pgpa-act-determination-military-death-claim-compensation-special-account-2025/conflicts","importantCases":"/api/acts/pgpa-act-determination-military-death-claim-compensation-special-account-2025/important-cases","documents":"/api/acts/pgpa-act-determination-military-death-claim-compensation-special-account-2025/documents"}}