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25.2.9 Failure to Obtain Promotion etc. - 1971 and 1930 Acts


The policy in the case of a claim for illnesses arising from failure to obtain promotion transfer or benefit under former Acts follows exactly the same lines as for injuries arising from reasonable disciplinary action, outlined at 26.1

Neither the 1971 nor the 1930 Acts themselves, contain specific provisions to actively exclude injuries arising from a failure to obtain a promotion, a transfer or other benefit from employment.

However, for RCG purposes it is reasonable to so exclude new claims made during the currency of this Act (i.e. the SRCA) where the alleged injury is indeed an illness caused by a failure to obtain promotion transfer or benefit under an earlier Act.

Delegates should note that the SRCA is the only Act which is current, and the 'failure to obtain...' exclusion is contained within the S4 definition of 'injury' for the purposes of that Act.

Subsequently, S124(1A) effects the 'transitional provisions' by allowing certain claims to be made in relation to 'injuries' under former Acts by referring to ' injury, loss or damage...' which occurred before the commencing day of the SRCA. 'Injury' in this provision of the SRCA, however, is subject to its own definition of that term. Of course, as related above, that definition itself positively excludes ailments related to any failure to obtain promotion, transfer or benefit!