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10.2.1 Unintended consequences of ADF medical treatment - S6A
The Military Compensation Act 1994 inserted a new S6A into the SRC Act 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 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).