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20.1 Unintended Consequences of Medical Treatment
In this section
The Military Compensation Act 1994 inserted a new S6A into the SRCA to provide additional protection for military personnel who suffer injury as a result of medical treatment.
Section 6A(2) provides that compensation is payable if:
- at any time a member receives medical treatment paid for by the Commonwealth, and
- they suffer an injury as an unintended consequence of that treatment.
Section 6A(3) makes it clear that this is the case whether or not the original condition that was being treated was compensable under the Act.
The extended protection offered by S6A applies to:
- members of the Defence Force
- cadets (Australian Cadet Corps, Air Training Corps, Naval Reserve Cadets), and
- certain other persons associated with the Defence Forces, in accordance with a Declaration by the Minister under S5(6A).
The form of S6A is:
Injury arising out of or in the course of employment – extended operation
6A(1) This section applies to the following employees:
a)members of the Defence Force
b)members of the Air Training Corps established under Section 8 of the Air Force Act 1923
c)members of the Australian Cadet Corps established under Section 62 of the Defence Act 1903
d)members of the Naval Reserve Cadets established under Section 38 of the Naval Defence Act 1910
e)persons declared by the Minister under subsection 5(6A).
6A(2)If, at any time, whether before, on, or after, 1 December 1988:
a)an employee to whom this section applies received or receives medical treatment paid for by the Commonwealth, and
b)as an unintended consequence of that treatment the person suffered or suffers an injury,
the injury to the employee is taken to have arisen out of, or in the course of, the person's employment, whether or not the person has remained an employee to whom this section applies.
6A(3) Subsection (2) applies whether or not the original condition that was being treated was compensable under this Act.