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25.2.1 Injuries Arising from Failure to Obtain a Transfer, Promotion or Benefit

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The exclusion of injuries (incl. diseases and aggravations) arising out of a failure to obtain transfer promotion or benefit from employment is closely related to the exclusion of compensation for injuries arising out of disciplinary proceedings, discussed above. Obviously both refer to disputes with ADF management and are covered by the same exclusionary provision in the SRCA, i.e. the S4 definition of 'injury' under the SRCA:

'injury' means:

  1. a disease suffered by an employee, or
  2. an injury (other than a disease)..., or
  3. an aggravation of a physical or mental injury (other than a disease)...,

but does not include any such disease, injury or aggravation suffered by an employee as a result of ... failure by the employee to obtain a promotion, transfer or benefit in connection with his or her employment

The amended SRCA contains the definition on injury in the new s5A, and includes 'failure to obtain a promotion, reclassification, transfer or benefit, or to retain a benefit, in connection with his or her employment.'

Note:For any disease claims relating to this exclusion where onset is on/after 13 April 2007, the Delegate should also consider the exclusion includes 'reclassification' and 'retaining a benefit'