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

I am advised that I cannot give you the concession that you are seeking, Senator. The level of incapacity does go, obviously, to the level of compensation. The nature of the incapacity is, therefore, a basis of compensation. But the Smith decision talked about 'injury' not 'incapacity', thus giving rise to the potential to circumvent the settlement. So the government does not concede the point.