Ch 1 Overview

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-1-overview

1.1 Defcare Liability Module

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-1-overview/11-defcare-liability-module

1.2 Determinations of Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-1-overview/12-determinations-liability

Ch 2 Initial Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability

2.1 Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/21-liability

2.2 No Payment of Benefits without Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/22-no-payment-benefits-without-liability

2.2.1 Illegality of pre-liability payments

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/22-no-payment-benefits-without-liability/221-illegality-pre-liability-payments

2.2.2 Pre-liability investigation of anticipated benefits

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/22-no-payment-benefits-without-liability/222-pre-liability-investigation-anticipated-benefits

2.2.3 Pre-liability negotiations re rehabilitation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/22-no-payment-benefits-without-liability/223-pre-liability-negotiations-re-rehabilitation

2.2.4 Pre- and non-liability rehabilitation via TMS

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/22-no-payment-benefits-without-liability/224-pre-and-non-liability-rehabilitation-tms

2.3 Investigating Liability - Principles

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles

2.3.1 What is to be investigated?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/231-what-be-investigated

2.3.2 Conduct of Delegates

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/232-conduct-delegates

2.3.3 Nature of the evidence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/233-nature-evidence

2.3.4 Evidence must support liability to pay compensation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/234-evidence-must-support-liability-pay-compensation

2.3.5 Delegates' powers of enquiry

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/235-delegates-powers-enquiry

2.3.6 Standard of proof

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/236-standard-proof

2.3.7 The discretion of Delegates

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/237-discretion-delegates

2.3.8 Reversal of liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/23-investigating-liability-principles/238-reversal-liability

2.4 Liaison with Client's Lawyer or Representative

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/24-liaison-clients-lawyer-or-representative

2.4.1 Procedure for client contacts where the client is represented

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/24-liaison-clients-lawyer-or-representative/241-procedure-client-contacts-where-client-represented

Last amended

Thu, 15/05/2025 - 12:00pm

2.4.2 Procedure where represented client initiates contact with RCG

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/24-liaison-clients-lawyer-or-representative/242-procedure-where-represented-client-initiates-contact-rcg

2.5 Priorities for Actioning Compensation Claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims

2.5.1 Timely Approach to Claims Processing

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims/251-timely-approach-claims-processing

2.5.2 Guiding Principles

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims/252-guiding-principles

2.5.3 Processes for Defence Requested Priority Cases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims/253-processes-defence-requested-priority-cases

2.5.4 Submission of Defence Requested Priority - New Claim

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims/254-submission-defence-requested-priority-new-claim

Last amended

Thu, 22/02/2018 - 12:00pm

2.5.5 Highlighting Defence Requested Priority - Existing Claim

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims/255-highlighting-defence-requested-priority-existing-claim

Last amended

Thu, 22/02/2018 - 12:00pm

2.5.6 Spinal Cord Injury Prioritisation Approach

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-2-initial-liability/25-priorities-actioning-compensation-claims/256-spinal-cord-injury-prioritisation-approach

Ch 3 Determinations of Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-3-determinations-liability

3.1 Nature and Content of Determinations of Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-3-determinations-liability/31-nature-and-content-determinations-liability

3.2 Natural Justice Considerations and Prior Warning of Adverse Decisions

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-3-determinations-liability/32-natural-justice-considerations-and-prior-warning-adverse-decisions

Last amended

Mon, 28/11/2016 - 12:00pm

3.3 Timeliness of Determinations

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-3-determinations-liability/33-timeliness-determinations

Ch 4 Defcare Liability Module

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-4-defcare-liability-module

4.1 General Use of the Liability Module

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-4-defcare-liability-module/41-general-use-liability-module

Last amended

Mon, 04/04/2016 - 12:00pm

4.2 Use of the Liability Module is Compulsory in all SRCA Cases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-4-defcare-liability-module/42-use-liability-module-compulsory-all-srca-cases

4.2.1 Where the Delegate is not satisfied with the Defcare recommendation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-4-defcare-liability-module/42-use-liability-module-compulsory-all-srca-cases/421-where-delegate-not-satisfied-defcare-recommendation

Ch 5 Notice of Injury and Claims for Compensation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-5-notice-injury-and-claims-compensation

5.1 Notice and Claim Requirements

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-5-notice-injury-and-claims-compensation/51-notice-and-claim-requirements

Last amended

Mon, 28/11/2016 - 12:00pm

Ch 6 Claims for Compensation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation

6.1 Lodgement of Claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/61-lodgement-claims

6.1.1 Claims to be served on MRCC not Comcare

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/61-lodgement-claims/611-claims-be-served-mrcc-not-comcare

6.1.2 Serving members should lodge through ADF channels

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/61-lodgement-claims/612-serving-members-should-lodge-through-adf-channels

6.2 Disclosure of Information

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/62-disclosure-information

6.2.1 Privacy Act and the Department of Defence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/62-disclosure-information/621-privacy-act-and-department-defence

6.2.2 Exception - Release of information on public safety grounds

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/62-disclosure-information/622-exception-release-information-public-safety-grounds

6.3 Claim Format

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format

6.3.1 Liability claims must be in writing - Subsequent claims for benefits can be verbal or written

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/631-liability-claims-must-be-writing-subsequent-claims-benefits-can-be-verbal-or-written

Last amended

Tue, 19/02/2019 - 12:00pm

6.3.2 Electronic lodgement of claims constitutes a claim in writing

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/632-electronic-lodgement-claims-constitutes-claim-writing

Last amended

Fri, 21/09/2018 - 12:00pm

6.3.3 Where claimant incapable or otherwise prevented from completing a claim

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/633-where-claimant-incapable-or-otherwise-prevented-completing-claim

6.3.4 Where a representative signs although the client is not prevented from signing

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/634-where-representative-signs-although-client-not-prevented-signing

6.3.5 Procedure on receipt of an unsigned claim

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/635-procedure-receipt-unsigned-claim

6.3.6 Claims lodged under one Act incorrectly and subsequently determined under another Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/636-claims-lodged-under-one-act-incorrectly-and-subsequently-determined-under-another-act

6.3.6.1 Cross-Act Authority Form

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/636-claims-lodged-under-one-act-incorrectly-and-subsequently-determined-under-another-act/6361-cross-act-authority-form

6.3.6.2 Use of old versions of SRCA, VEA, and MRCA claim forms

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/636-claims-lodged-under-one-act-incorrectly-and-subsequently-determined-under-another-act/6362-use-old-versions-srca-vea-and-mrca-claim

6.3.7 'Substantial compliance' with the claim form

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/637-substantial-compliance-claim-form

6.3.8 Rejection and/or correction of 'non compliant' claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/63-claim-format/638-rejection-andor-correction-non-compliant-claims

6.4 Claims Made after the Death of the Claimant

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/64-claims-made-after-death-claimant

6.5 Claim to be Accompanied by a Medical Certificate

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/65-claim-be-accompanied-medical-certificate

6.5.1 The requirement for a medical certificate under S54, SRCA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/65-claim-be-accompanied-medical-certificate/651-requirement-medical-certificate-under-s54-srca

6.5.2 Interpretation - Duty of the client to provide medical evidence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/65-claim-be-accompanied-medical-certificate/652-interpretation-duty-client-provide-medical-evidence

6.5.3 Full-time serving and discharged ADF claimants

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/65-claim-be-accompanied-medical-certificate/653-full-time-serving-and-discharged-adf-claimants

6.5.4 Reserves claimants

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/65-claim-be-accompanied-medical-certificate/654-reserves-claimants

6.6 Duplicate Claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/66-duplicate-claims

6.6.1 Successive claims for the same condition

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/66-duplicate-claims/661-successive-claims-same-condition

6.6.2 Same injury presented with different diagnosis is not a new claim

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/66-duplicate-claims/662-same-injury-presented-different-diagnosis-not-new-claim

6.6.3 Previously determined claims where new evidence is asserted

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/66-duplicate-claims/663-previously-determined-claims-where-new-evidence-asserted

6.7 Multiple Claims and Multiple and 'Subsequent' Injuries

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/67-multiple-claims-and-multiple-and-subsequent-injuries

6.7.1 Separate claim for each separate incident causing injury

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/67-multiple-claims-and-multiple-and-subsequent-injuries/671-separate-claim-each-separate-incident-causing-injury

6.7.2 Single claim for single incident with multiple injuries

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/67-multiple-claims-and-multiple-and-subsequent-injuries/672-single-claim-single-incident-multiple-injuries

6.7.3 Injury and 'sequelae' to be administered under the same file reference

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/67-multiple-claims-and-multiple-and-subsequent-injuries/673-injury-and-sequelae-be-administered-under-same-file-reference

6.8 Reviving Old Inactive Claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/68-reviving-old-inactive-claims

6.8.1 Duplicate applications for old or forgotten claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/68-reviving-old-inactive-claims/681-duplicate-applications-old-or-forgotten-claims

6.8.2 Old claims may not be registered on Defcare

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/68-reviving-old-inactive-claims/682-old-claims-may-not-be-registered-defcare

6.8.3 Procedure on receipt of pre-1993 claim

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/68-reviving-old-inactive-claims/683-procedure-receipt-pre-1993-claim

6.9 Registration of New Claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/69-registration-new-claims

6.9.1 Defcare registration

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/69-registration-new-claims/691-defcare-registration

6.9.2 Raising document folders via TRIM

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/69-registration-new-claims/692-raising-document-folders-trim

6.9.3 DVA work measurement and Time Taken To Process (TTTP)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/69-registration-new-claims/693-dva-work-measurement-and-time-taken-process-tttp

6.9.4 Acknowledgment of claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/69-registration-new-claims/694-acknowledgment-claims

6.10 Transferring Compensation Claims Between Locations

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/610-transferring-compensation-claims-between-locations

6.10.1 Policy

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/610-transferring-compensation-claims-between-locations/6101-policy

6.10.2 Procedures to be followed

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/610-transferring-compensation-claims-between-locations/6102-procedures-be-followed

6.10.3 Transferring a claim on Defcare

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/610-transferring-compensation-claims-between-locations/6103-transferring-claim-defcare

6.10.4 Archived Files

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/610-transferring-compensation-claims-between-locations/6104-archived-files

6.11 RCG Special Claims Procedures

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/611-rcg-special-claims-procedures

6.11.1 Serving Members Posted Overseas

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/611-rcg-special-claims-procedures/6111-serving-members-posted-overseas

6.11.2 Clients leaving Australia to take up permanent residence overseas

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/611-rcg-special-claims-procedures/6112-clients-leaving-australia-take-permanent-residence-overseas

6.11.3 New claims by persons who live overseas

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/611-rcg-special-claims-procedures/6113-new-claims-persons-who-live-overseas

6.12 Claims with a Potential Conflict of Interest

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest

6.12.1 Background:

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest/6121-background

6.12.2 Potential Conflict of Interest types

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest/6122-potential-conflict-interest-types

6.12.3 Claims by DVA Staff who are also clients or potential clients of DVA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest/6123-claims-dva-staff-who-are-also-clients-or-potential-clients-dva

6.12.4 Claims by Family Members of DVA Staff

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest/6124-claims-family-members-dva-staff

6.12.5 Claimant known to a staff member

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest/6125-claimant-known-staff-member

6.12.6 Other possible Conflict of interest, actual or apparent

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/612-claims-potential-conflict-interest/6126-other-possible-conflict-interest-actual-or-apparent

6.13 Withdrawal of a Claim for Compensation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation

6.13.1 Policy

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6131-policy

Last amended

Thu, 06/12/2018 - 12:00pm

6.13.2 Prior to actual receipt of a claim form by the Location

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6132-prior-actual-receipt-claim-form-location

6.13.3 After receipt by the Location but before a file has been raised and details have been entered into Defcare

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6133-after-receipt-location-file-has-been-raised-and-details-have-been-entered-defcare

6.13.4 After receipt by the Location but priorand after claim details have been recorded to recording the claim details on DEFCARE

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6134-after-receipt-location-priorand-after-claim-details-have-been-recorded-recording-claim-details-defcare

Last amended

Thu, 06/12/2018 - 12:00pm

6.13.5 After receipt by the Location and after recording the claim details on DEFCARE

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6135-after-receipt-location-and-after-recording-claim-details-defcare

6.13.6 Prior to a determination being made

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6136-prior-determination-being-made

Last amended

Thu, 06/12/2018 - 12:00pm

6.13.7 After a Determination has been made

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/613-withdrawal-claim-compensation/6137-after-determination-has-been-made

6.14 Claims for Compensation - 1971 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/614-claims-compensation-1971-act

6.14.1 1971 Act (on and after 1 July 1986)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/614-claims-compensation-1971-act/6141-1971-act-and-after-1-july-1986

6.14.2 1971 Act (before 1 July 1986)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/614-claims-compensation-1971-act/6142-1971-act-1-july-1986

6.15 Claims for Compensation - 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/615-claims-compensation-1930-act

6.15.1 Claim and notice provisions - S16, 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/615-claims-compensation-1930-act/6151-claim-and-notice-provisions-s16-1930-act

6.15.2 Deemed acceptance of a late claim - S16(1)(ii), 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-6-claims-compensation/615-claims-compensation-1930-act/6152-deemed-acceptance-late-claim-s161ii-1930-act

Ch 7 Notice of Injury

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury

7.1 Notice of Injury - SRCA 1988

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988

7.1.1 Provisions of the SRCA 1988

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/711-provisions-srca-1988

7.1.2 Exceptions to the requirements of S53(1)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/712-exceptions-requirements-s531

Last amended

Mon, 28/11/2016 - 12:00pm

7.1.3 A claim form can constitute a notice

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/713-claim-form-can-constitute-notice

7.1.4 Notice of injury must be in writing

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/714-notice-injury-must-be-writing

7.1.5 Exceptions to the prohibition of oral notices of injury

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/715-exceptions-prohibition-oral-notices-injury

7.1.6 Notices in cases of diseases of long latency

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/716-notices-cases-diseases-long-latency

7.1.7 Interpretation - 'as soon as practicable'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/717-interpretation-soon-practicable

7.1.8 Interpretation - 'prejudice'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/718-interpretation-prejudice

7.1.9 Interpretation - 'death, or absence from Australia, of a person'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/719-interpretation-death-or-absence-australia-person

7.1.10 Interpretation - 'from ignorance, from a mistake, or from any other reasonable cause'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/7110-interpretation-ignorance-mistake-or-any-other-reasonable-cause

7.1.11 Discussion - When does S53(1) apply?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/71-notice-injury-srca-1988/7111-discussion-when-does-s531-apply

7.2 Notice of Injury - 1971 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/72-notice-injury-1971-act

7.3 Notice of Injury - 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/73-notice-injury-1930-act

7.3.1 Notice Requirements - S16, 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/73-notice-injury-1930-act/731-notice-requirements-s16-1930-act

7.3.2 Prejudice

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/73-notice-injury-1930-act/732-prejudice

Last amended

Mon, 28/11/2016 - 12:00pm

7.3.3 Mistake, Absence from Australia or Other Reasonable Cause - 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-7-notice-injury/73-notice-injury-1930-act/733-mistake-absence-australia-or-other-reasonable-cause-1930-act

Ch 8 Coverage Of The Legislation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation

8.1 Employees

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees

8.1.1 Who is an employee for RCG purposes?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/811-who-employee-rcg-purposes

8.1.2 RCG powers under Part XI of the SRCA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/812-rcg-powers-under-part-xi-srca

8.1.3 Coverage of Cadet Corps

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/813-coverage-cadet-corps

8.1.4 Coverage of war artists and entertainers - s5(6)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/814-coverage-war-artists-and-entertainers-s56

8.1.5 Coverage of miscellaneous Defence associates - S5(3)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/815-coverage-miscellaneous-defence-associates-s53

8.1.6 Coverage of those attending Defence premises intending to enlist

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/816-coverage-those-attending-defence-premises-intending-enlist

8.1.7 Coverage of persons invited to attend PR camps, demonstrations etc

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/81-employees/817-coverage-persons-invited-attend-pr-camps-demonstrations-etc

8.2 Liability under Repealed Act(s)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/82-liability-under-repealed-acts

8.2.1 Injuries under former Acts have coverage

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/82-liability-under-repealed-acts/821-injuries-under-former-acts-have-coverage

8.2.2 Summary - 1971 and 1930 Acts

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/82-liability-under-repealed-acts/822-summary-1971-and-1930-acts

8.2.3 Criteria for acceptance under previous Acts

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/82-liability-under-repealed-acts/823-criteria-acceptance-under-previous-acts

8.2.4 Procedures for injuries originating prior to 1 January 1949 and 'Act of Grace'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/82-liability-under-repealed-acts/824-procedures-injuries-originating-prior-1-january-1949-and-act-grace

8.3 Coverage by Type of Service

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service

8.3.1 Significance of service type

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/831-significance-service-type

8.3.2 What types of service are there?

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/832-what-types-service-are-there

8.3.3 SRCA coverage of peacetime, hazardous and peacekeeping service

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/833-srca-coverage-peacetime-hazardous-and-peacekeeping-service

8.3.4 SRCA coverage of operational service

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/834-srca-coverage-operational-service

8.3.5 SRCA - Operational coverage pre and post 7 April 1994

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/835-srca-operational-coverage-pre-and-post-7-april-1994

8.3.6 Declared periods of operational service

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/836-declared-periods-operational-service

8.3.7 Delegates to be satisfied re operational service

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/837-delegates-be-satisfied-re-operational-service

8.3.8 Delegates to access ADF member's Service Personnel records

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/83-coverage-type-service/838-delegates-access-adf-members-service-personnel-records

8.4 Dual Coverage by VEA and SRCA

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/84-dual-coverage-vea-and-srca

8.4.1 Table illustrating joint and sole coverage

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/84-dual-coverage-vea-and-srca/841-table-illustrating-joint-and-sole-coverage

8.4.2 Advice to clients re VEA entitlements and dual entitlements

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/84-dual-coverage-vea-and-srca/842-advice-clients-re-vea-entitlements-and-dual-entitlements

8.4.3 Coverage under MRCA, SRCA and VEA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-8-coverage-legislation/84-dual-coverage-vea-and-srca/843-coverage-under-mrca-srca-and-vea

Ch 9 Defining the 'Injury'

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury

9.1 What Consequences of Employment are Compensable?

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/91-what-consequences-employment-are-compensable

9.1.1 Diagnosable medical conditions

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/91-what-consequences-employment-are-compensable/911-diagnosable-medical-conditions

9.1.2 Property

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/91-what-consequences-employment-are-compensable/912-property

9.1.3 Property under former Acts

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/91-what-consequences-employment-are-compensable/913-property-under-former-acts

9.2 Need for Clear and Accurate Diagnosis

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis

9.2.1 Examples of inadequate description

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/921-examples-inadequate-description

9.2.2 ICD Codes

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/922-icd-codes

9.2.3 Diagnosis for full-time members (whether current or discharged)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/923-diagnosis-full-time-members-whether-current-or-discharged

9.2.4 Access to service medical documents and responsibility for retrieval

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/924-access-service-medical-documents-and-responsibility-retrieval

9.2.5 Delegates to retrieve and audit all documents in contentious cases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/925-delegates-retrieve-and-audit-all-documents-contentious-cases

9.2.6 Delegate powers to demand medical documents from clients under S58

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/926-delegate-powers-demand-medical-documents-clients-under-s58

9.2.7 Delegates rights to examine VEA files on client

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/927-delegates-rights-examine-vea-files-client

9.2.8 Reserves members and medical documentation of injury

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/928-reserves-members-and-medical-documentation-injury

9.2.9 Advice to be given to Reserves members re medical evidence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/929-advice-be-given-reserves-members-re-medical-evidence

9.2.10 Delegate's discretion/authority to approach Reservist's doctor

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/9210-delegates-discretionauthority-approach-reservists-doctor

9.2.11 Section 58 and Reservists

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/9211-section-58-and-reservists

9.2.12 Medical examination (commissioned by the Delegate)

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-9-defining-injury/92-need-clear-and-accurate-diagnosis/9212-medical-examination-commissioned-delegate

Ch 10 Injury, Disease or Aggravation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation

10.1 Is the Condition an Injury, a Disease or an Aggravation?

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/101-condition-injury-disease-or-aggravation

10.2 Changes to the SRCA Injury & Disease Definitions on/after 13 April 2007

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/102-changes-srca-injury-disease-definitions-onafter-13-april-2007

10.3 Injury

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/103-injury

10.4 Disease - date of effect prior to 13 April 2007 - S4

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/104-disease-date-effect-prior-13-april-2007-s4

10.5 Disease - date of effect on/after 13 April 2007 - S5B

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/105-disease-date-effect-onafter-13-april-2007-s5b

10.6 Aggravation

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/106-aggravation

10.7 What are Sequelae (i.e. 'extensions of liability')?

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/107-what-are-sequelae-ie-extensions-liability

10.7.1 Examples of a sequela

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/107-what-are-sequelae-ie-extensions-liability/1071-examples-sequela

10.7.2 Significance of recognising sequelae ('extending liability')

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/107-what-are-sequelae-ie-extensions-liability/1072-significance-recognising-sequelae-extending-liability

10.8 Property Damage

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-10-injury-disease-or-aggravation/108-property-damage

Ch 11 Medical Opinions and Examinations

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations

11.1 Liability and Pre-Existing Injuries and Predispositions

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/111-liability-and-pre-existing-injuries-and-predispositions

11.2 Medical Opinions

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/112-medical-opinions

11.3 The Process of Seeking Medical Opinion

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion

11.3.1 What does a Delegate need to know?

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1131-what-does-delegate-need-know

11.3.2 Choosing a doctor to advise the Delegate

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1132-choosing-doctor-advise-delegate

11.3.3 Criteria for selecting medical experts

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1133-criteria-selecting-medical-experts

11.3.4 The letter of request for medical examination/opinion

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1134-letter-request-medical-examinationopinion

11.3.5 Information to be provided to the medical examiner

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1135-information-be-provided-medical-examiner

11.3.6 Section 57 and the power of Delegates

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1136-section-57-and-power-delegates

11.3.7 Section 57 prohibits panels, not repeated examinations ('second opinions')

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1137-section-57-prohibits-panels-not-repeated-examinations-second-opinions

11.3.8 Suspensions for non-compliance with a S57 direction

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1138-suspensions-non-compliance-s57-direction

11.3.9 Reimbursing costs incurred in travelling to a section 57 Medical Examination

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/113-process-seeking-medical-opinion/1139-reimbursing-costs-incurred-travelling-section-57-medical-examination

11.4 Unsolicited Medical Opinion Provided by Lawyers etc.

Version 2.10

16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/114-unsolicited-medical-opinion-provided-lawyers-etc

11.4.1 Unsolicited reports not re-imburseable if not useful to the Delegate

Version 2.10

16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/114-unsolicited-medical-opinion-provided-lawyers-etc/1141-unsolicited-reports-not-re-imburseable-if-not-useful-delegate

11.4.2 Common deficiencies of advocate's reports

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/114-unsolicited-medical-opinion-provided-lawyers-etc/1142-common-deficiencies-advocates-reports

11.4.3 Delegates consideration of unsolicited medical advice

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/114-unsolicited-medical-opinion-provided-lawyers-etc/1143-delegates-consideration-unsolicited-medical-advice

11.5 Agreement on Identity of Medical Adviser

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/115-agreement-identity-medical-adviser

11.5.1 Points to consider re: consensus medical adviser - decision integrity

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/115-agreement-identity-medical-adviser/1151-points-consider-re-consensus-medical-adviser-decision-integrity

11.6 Interpretation of Medical Opinion

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/116-interpretation-medical-opinion

11.6.1 Qualifications of medical practitioners

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/116-interpretation-medical-opinion/1161-qualifications-medical-practitioners

11.6.2 Content and completeness

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/116-interpretation-medical-opinion/1162-content-and-completeness

11.6.3 Contradictions or logical improbabilities within the report

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-11-medical-opinions-and-examinations/116-interpretation-medical-opinion/1163-contradictions-or-logical-improbabilities-within-report

Ch 12 Suspension under S57 (Failure to Attend Medical Examination)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination

12.1 Suspension of Compensation for Failure to Attend Medical Examination

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/121-suspension-compensation-failure-attend-medical-examination

12.2 Advice to Clients

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/122-advice-clients

12.3 Suspensions Activated by Client's Own Actions

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/123-suspensions-activated-clients-own-actions

12.4 Suspended Clients to be Advised Promptly

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/124-suspended-clients-be-advised-promptly

12.5 Client to be Offered an Informal Internal Review of 'reasonable excuse'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/125-client-be-offered-informal-internal-review-reasonable-excuse

12.5.1 Nature and conduct of the internal review

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/125-client-be-offered-informal-internal-review-reasonable-excuse/1251-nature-and-conduct-internal-review

12.6 Termination of Suspensions upon Compliance

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/126-termination-suspensions-upon-compliance

12.7 Effect of Suspension where Liability yet to be Accepted

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-12-suspension-under-s57-failure-attend-medical-examination/127-effect-suspension-where-liability-yet-be-accepted

Ch 13 Status of RMA SOPs for DRCA Purposes

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-13-status-rma-sops-drca-purposes

13.1 What are Statements of Principles (SOP)

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-13-status-rma-sops-srca-purposes/131-what-are-statements-principles-sop

13.1.1 SOPs not binding in DRCA cases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-13-status-rma-sops-drca-purposes/131-what-are-statements-principles-sop/1311-sops-not-binding-drca-cases

13.1.2 SOP factors may advise DRCA Delegates

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-13-status-rma-sops-drca-purposes/131-what-are-statements-principles-sop/1312-sop-factors-may-advise-drca-delegates

13.1.3 Limitations of SOPs for DRCA purposes

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-13-status-rma-sops-drca-purposes/131-what-are-statements-principles-sop/1313-limitations-sops-drca-purposes

Ch 14 Survival of Claims over Time

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-14-survival-claims-over-time

14.1 Liability Continues Until Ceased by Determination

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-14-survival-claims-over-time/141-liability-continues-until-ceased-determination

14.2 Denying Benefits Where There is No Current Entitlement

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-14-survival-claims-over-time/142-denying-benefits-where-there-no-current-entitlement

Ch 15 Injury - Nexus with Work

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work

15.1 Separate Requirements - Accidental Injury or Disease

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work/151-separate-requirements-accidental-injury-or-disease

15.2 What does the Varying Nexus mean to the Delegate?

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work/152-what-does-varying-nexus-mean-delegate

15.3 Conduct of the Investigation

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work/153-conduct-investigation

15.4 Post-service physical injury guideline

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-15-injury-nexus-work/154-post-service-physical-injury-guideline

Ch 16 Accidental Injuries

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries

16.1 Relating Injuries to Employment

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/161-relating-injuries-employment

16.1.1 'Arose out of or in the course of' employment

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/161-relating-injuries-employment/1611-arose-out-or-course-employment

16.1.2 SRCA is a 'no-fault' Worker's Compensation Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/161-relating-injuries-employment/1612-srca-no-fault-workers-compensation-act

16.1.3 Where the injury is an uncaused medical event whilst on duty

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/161-relating-injuries-employment/1613-where-injury-uncaused-medical-event-whilst-duty

16.2 Summary - Accidental Injury at Work or Travel

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/162-summary-accidental-injury-work-or-travel

16.3 Date of Injury

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/163-date-injury

16.4 Injury at Work

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/164-injury-work

16.5 At the Place of Employment AND 'on duty'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/165-place-employment-and-duty

16.6 Ordinary Recesses and Temporary Absences

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/166-ordinary-recesses-and-temporary-absences

16.6.1 Ordinary recess

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/166-ordinary-recesses-and-temporary-absences/1661-ordinary-recess

16.6.2 Leaving the place of work during work time

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/166-ordinary-recesses-and-temporary-absences/1662-leaving-place-work-during-work-time

16.6.3 History of this provision

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/166-ordinary-recesses-and-temporary-absences/1663-history-provision

16.7 Members 'living-in' (i.e. in Barracks or a Mess) - SRCA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/167-members-living-ie-barracks-or-mess-srca

16.8 Members 'living in' i.e. on Base - 1971 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/168-members-living-ie-base-1971-act

16.8.1 Travel to work -1971 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/168-members-living-ie-base-1971-act/1681-travel-work-1971-act

16.8.2 After hours travel while occupying employers accommodation - 1971 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/168-members-living-ie-base-1971-act/1682-after-hours-travel-while-occupying-employers-accommodation-1971-act

16.9 Attendance at Mess etc. for Compulsory Functions

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/169-attendance-mess-etc-compulsory-functions

16.10 Interval in an Overall Period of Employment

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/1610-interval-overall-period-employment

16.10.1 Growth of doctrine from 'ordinary recess'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/1610-interval-overall-period-employment/16101-growth-doctrine-ordinary-recess

16.10.2 Case law and explanation

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/1610-interval-overall-period-employment/16102-case-law-and-explanation

16.10.3 Summary and principles for Delegates

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries/1610-interval-overall-period-employment/16103-summary-and-principles-delegates

Ch 17 Travel Injuries

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries

17.1 Summary - Injury during Specified Travel

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/171-summary-injury-during-specified-travel

17.1.1 SRCA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/171-summary-injury-during-specified-travel/1711-srca

17.1.2 1971 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/171-summary-injury-during-specified-travel/1712-1971-act

17.1.3 1930 Act

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/171-summary-injury-during-specified-travel/1713-1930-act

17.2 The Nature and Limits of 'specified travel' - SRCA

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca

17.2.1 General and provisions of S6(2)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1721-general-and-provisions-s62

17.2.2 What does 'interrupted travel' mean?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1722-what-does-interrupted-travel-mean

17.2.3 Examples - No interruption of journey

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1723-examples-no-interruption-journey

17.2.4 Examples - Interruption of journey

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1724-examples-interruption-journey

17.2.5 What does 'substantially increased the risk of injury' mean?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1725-what-does-substantially-increased-risk-injury-mean

17.2.6 Case examples

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1726-case-examples

17.2.7 Compared with a more direct route

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/172-nature-and-limits-specified-travel-srca/1727-compared-more-direct-route

17.3 SRCA Provisions by Type of Travel or Destination

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/173-srca-provisions-type-travel-or-destination

17.3.1 Place of work

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/173-srca-provisions-type-travel-or-destination/1731-place-work

17.3.2 Place of residence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/173-srca-provisions-type-travel-or-destination/1732-place-residence

17.4 Injury Travelling between Work and Residence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/174-injury-travelling-between-work-and-residence

17.4.1 Travel during an ordinary recess

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/174-injury-travelling-between-work-and-residence/1741-travel-during-ordinary-recess

17.5 Travelling to and from a Temporary Residence

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/175-travelling-and-temporary-residence

17.6 Travelling to Employment Related Education

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education

17.6.1 Place of education

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1761-place-education

17.6.2 Attendance as a condition of employment

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1762-attendance-condition-employment

17.6.3 Attendance at the request or direction of the employer

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1763-attendance-request-or-direction-employer

17.6.4 Attendance with the approval of the employer

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1764-attendance-approval-employer

17.6.5 Oral approval for attendance

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1765-oral-approval-attendance

17.6.6 Ambit of an approval

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1766-ambit-approval

17.6.7 Example - Approval for attendance outside hours of duty

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1767-example-approval-attendance-outside-hours-duty

17.6.8 Attending the library out of hours

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1768-attending-library-out-hours

17.6.9 Residential courses

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/1769-residential-courses

17.6.10 Exclusion on education coverage affected by leave without pay (LWOP)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/176-travelling-employment-related-education/17610-exclusion-education-coverage-affected-leave-without-pay-lwop

17.7 Travel for Purposes of Compensation Administration

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/177-travel-purposes-compensation-administration

17.7.1 Injury while travelling to the appointment

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/177-travel-purposes-compensation-administration/1771-injury-while-travelling-appointment

17.8 Investigation of Travel Claims

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-17-travel-injuries/178-investigation-travel-claims

Ch 18 Sport and Fitness Activities

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18.1 ADF and Civilian Sport

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18.1.1 The ADF policy on sport

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18.1.2 Australian Defence Force Sports Council

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18.1.3 CO permission to play civilian sport must conform with DI(G) guidelines

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18.2 Other 'After Hours' Fitness Activities

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18.3 ADF Sporting Facilities

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18.4 Reserve Members and Sport/Fitness

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18.5 Adventure Training and Other Sponsored Activities

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Ch 19 Acts of Violence

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Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-19-acts-violence

19.1 Acts of Violence

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19.1.1 What is an 'act of violence'?

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19.1.2 Examples of 'acts of violence' which would not otherwise have occurred

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19.1.3 Links between violence, the injury and the employment

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Last amended

Mon, 28/11/2016 - 12:00pm

19.1.4 Case example

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19.1.5 - Claims related to sexual and physical abuse

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Ch 20 Injuries from Medical Treatment

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20.1 Unintended Consequences of Medical Treatment

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20.1.1 Medical treatment

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20.1.2 Paid for by the Commonwealth

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20.1.3 Unintended consequence of medical treatment

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20.1.4 General examples - Unintended consequence

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20.1.5 General examples - Intended consequence

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20.1.6 General example - A consequence of the original injury

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20.1.7 Injury from post-discharge medical treatment for a compensable condition

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20.1.8 Failure to diagnose

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20.1.9 Investigation- Delegate's responsibilities

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Ch 21 Diseases - Nexus with Work

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21.1 Distinguishing Disease from Injury

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21.2 Date of Disease

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21.2.1 First date of medical treatment

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21.2.2 Members of the Permanent Forces

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21.2.3 Reservists and Cadets

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21.2.4 First date of incapacity for work

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21.2.5 Date of death

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21.2.6 Date of impairment

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21.3 Criteria for Acceptance of Liability - Diseases

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21.3.1 SRCA - To a Significant Degree

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21.3.2 SRCA - Material Contribution

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21.3.3 1971 Act

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21.3.4 1930 Act

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Ch 22 Declared Occupational Diseases

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22.1 Declared Occupational Diseases - S7(1), SRCA

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22.1.1 Specific Diseases Declared under s7(1)

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22.2 Declared Occupational Diseases - S29, 1971 Act

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22.3 Occupational Diseases under the 1930 Act

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22.4 Specific Types of Service

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22.4.1 F-111 Deseal/Reseal

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22.4.2 ADF British Nuclear Test Participants

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-22-declared-occupational-diseases/224-specific-types-service/2242-adf-british-nuclear-test-participants

22.4.3 Oberon Class Submariners

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-22-declared-occupational-diseases/224-specific-types-service/2243-oberon-class-submariners

22.4.4 Navy Personnel Use of 'Jason Pistols' - Beryllium

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-22-declared-occupational-diseases/224-specific-types-service/2244-navy-personnel-use-jason-pistols-beryllium

22.4.5 ADF Firefighters

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-22-declared-occupational-diseases/224-specific-types-service/2245-adf-firefighters

Last amended

Tue, 21/09/2021 - 12:00pm

Ch 23 Specific Diseases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases

23.1 Psychiatric Conditions

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/231-psychiatric-conditions

23.1.1 Psychiatric assessments and unverified allegations re employment

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/231-psychiatric-conditions/2311-psychiatric-assessments-and-unverified-allegations-re-employment

23.1.2 Post Traumatic Stress Disorder cases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/231-psychiatric-conditions/2312-post-traumatic-stress-disorder-cases

23.2 Injury/Disease from Alleged Sexual Assault or Other Crime

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/232-injurydisease-alleged-sexual-assault-or-other-crime

23.3 Diseases caused by Asbestos Exposure

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/233-diseases-caused-asbestos-exposure

Last amended

Wed, 29/04/2020 - 12:00pm

23.4 Chronic Fatigue Syndrome

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/234-chronic-fatigue-syndrome

23.5 Ross River Fever (and Related Diseases)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/235-ross-river-fever-and-related-diseases

23.5.1 The nature of insect-vectored and environmental diseases

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/235-ross-river-fever-and-related-diseases/2351-nature-insect-vectored-and-environmental-diseases

23.5.2 Is the ADF posting cycle relevant to liability?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/235-ross-river-fever-and-related-diseases/2352-adf-posting-cycle-relevant-liability

23.5.3 Conclusion - Posting to RRF endemic areas not an influence on liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/235-ross-river-fever-and-related-diseases/2353-conclusion-posting-rrf-endemic-areas-not-influence-liability

23.5.4 RRF etc. where in a temporary workplace (i.e. field exercise etc)

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/235-ross-river-fever-and-related-diseases/2354-rrf-etc-where-temporary-workplace-ie-field-exercise-etc

23.6 Hearing Loss

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-23-specific-diseases/236-hearing-loss

Last amended

Wed, 02/12/2020 - 12:00pm

Ch 24 Aggravations and Sequelae in Disease Cases

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-24-aggravations-and-sequelae-disease-cases

24.1 Aggravations and Sequelae on or after 1 July 2004

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-24-aggravations-and-sequelae-disease-cases/241-aggravations-and-sequelae-or-after-1-july-2004

Ch 25 Exclusions From Liability

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability

25.1 Reasonable Disciplinary Action

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action

25.1.1 Injuries Arising from Reasonable Disciplinary Action

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2511-injuries-arising-reasonable-disciplinary-action

25.1.2 What evidence is required to determine this exclusion?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2512-what-evidence-required-determine-exclusion

25.1.3 What is 'reasonable disciplinary action'?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2513-what-reasonable-disciplinary-action

25.1.4 Things which may be 'reasonable disciplinary action'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2514-things-which-may-be-reasonable-disciplinary-action

25.1.5 Is counselling disciplinary action?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2515-counselling-disciplinary-action

25.1.6 What does 'reasonable' mean in relation to discipline?

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2516-what-does-reasonable-mean-relation-discipline

25.1.7 Case examples - Unreasonable action

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2517-case-examples-unreasonable-action

25.1.8 'A result of'

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2518-result

25.1.9 Case example - Other contributing causes

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/2519-case-example-other-contributing-causes

25.1.10 Where the Client institutes Grievance Procedures against Disciplinary Action

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/25110-where-client-institutes-grievance-procedures-against-disciplinary-action

25.1.11 Disciplinary Related Injuries under the 1971 and 1930 Acts

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/251-reasonable-disciplinary-action/25111-disciplinary-related-injuries-under-1971-and-1930-acts

25.1.12 'Reasonable Administrative Action' - Diseases arising on/after 13 April 2007 as a result of Reasonable Administrative Action

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16 October 2013

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/node/20114

25.2 Failure to Obtain Transfer, Promotion or Benefit

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit

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

Version 2.10

16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2521-injuries-arising-failure-obtain-transfer-promotion-or-benefit

25.2.2 What is a Failure to Obtain a Promotion, Transfer or Benefit?

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2522-what-failure-obtain-promotion-transfer-or-benefit

25.2.3 'To obtain'

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2523-obtain

25.2.4 'Benefit'

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2524-benefit

25.2.5 'A result of'

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2525-result

25.2.6 Flawed process

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2526-flawed-process

25.2.7 Case examples - Other contributing factors

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2527-case-examples-other-contributing-factors

25.2.8 Where the Client Institutes Grievance Procedures against the Transfer etc

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16 October 2013

For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2528-where-client-institutes-grievance-procedures-against-transfer-etc

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

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/252-failure-obtain-transfer-promotion-or-benefit/2529-failure-obtain-promotion-etc-1971-and-1930-acts

25.3 Self Inflicted Injuries and Suicide

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide

25.3.1 Self Inflicted Injuries and Suicide

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide/2531-self-inflicted-injuries-and-suicide

25.3.2 The meaning of 'intentionally self inflicted'

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide/2532-meaning-intentionally-self-inflicted

25.3.3 Case law: There is no intent where volition is disrupted

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For Injuries (including diseases) that have arisen as a result of:

ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide/2533-case-law-there-no-intent-where-volition-disrupted

25.3.4 The act of suicide alone is not proof of insanity or loss of volition

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide/2534-act-suicide-alone-not-proof-insanity-or-loss-volition

25.3.5 A condition may be 'self inflicted' even though involving another person

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide/2535-condition-may-be-self-inflicted-even-though-involving-another-person

25.3.6 Self Inflicted Injuries under the 1971 and 1930 Acts

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/253-self-inflicted-injuries-and-suicide/2536-self-inflicted-injuries-under-1971-and-1930-acts

25.4 Voluntary and Unreasonable Submission to Greater Risk

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/254-voluntary-and-unreasonable-submission-greater-risk

25.4.1 Section 6(2) and (3) of the SRCA

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/254-voluntary-and-unreasonable-submission-greater-risk/2541-section-62-and-3-srca

25.4.2 Abnormal Risk of Injury

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/254-voluntary-and-unreasonable-submission-greater-risk/2542-abnormal-risk-injury

25.5 Voluntary and Unreasonable Submission

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/255-voluntary-and-unreasonable-submission

25.5.1 Voluntary

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/255-voluntary-and-unreasonable-submission/2551-voluntary

25.5.2 Unreasonable

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/255-voluntary-and-unreasonable-submission/2552-unreasonable

25.5.3 Case examples

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-25-exclusions-liability/255-voluntary-and-unreasonable-submission/2553-case-examples

Ch 26 Serious and Wilful Misconduct

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct

26.1 Serious and Wilful Misconduct - SRCA

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca

26.1.1 Serious and wilful misconduct

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2611-serious-and-wilful-misconduct

26.1.2 Case examples - Whether serious and wilful misconduct

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2612-case-examples-whether-serious-and-wilful-misconduct

26.1.3 The injury was caused by the misconduct

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2613-injury-was-caused-misconduct

26.1.4 Example - No causal link

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/261-serious-and-wilful-misconduct-srca/2614-example-no-causal-link

26.2 Serious and Wilful Misconduct - 1971 and 1930 Acts

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/262-serious-and-wilful-misconduct-1971-and-1930-acts

26.3 Injuries under Influence of Alcohol or Drugs - SRCA

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/263-injuries-under-influence-alcohol-or-drugs-srca

26.3.1 Under the influence of alcohol or a drug

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/263-injuries-under-influence-alcohol-or-drugs-srca/2631-under-influence-alcohol-or-drug

26.3.2 Blood alcohol level of 0.05

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/263-injuries-under-influence-alcohol-or-drugs-srca/2632-blood-alcohol-level-005

26.3.3 The injury was caused by the intoxication

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/263-injuries-under-influence-alcohol-or-drugs-srca/2633-injury-was-caused-intoxication

26.3.4 Example - No causal link

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/263-injuries-under-influence-alcohol-or-drugs-srca/2634-example-no-causal-link

26.3.5 Case example - Causal link

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/263-injuries-under-influence-alcohol-or-drugs-srca/2635-case-example-causal-link

26.4 Alcohol Related Injuries - 1971 and 1930 Acts

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/264-alcohol-related-injuries-1971-and-1930-acts

26.5 Misconduct where Death and 'serious' injury result

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/265-misconduct-where-death-and-serious-injury-result

26.5.1 Judgement re what constitutes serious

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/265-misconduct-where-death-and-serious-injury-result/2651-judgement-re-what-constitutes-serious

26.6 Diseases from Alcohol Consumption or Illicit Drugs

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs

26.6.1 Discussion - Common errors re employment nexus for alcohol diseases

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs/2661-discussion-common-errors-re-employment-nexus-alcohol-diseases

26.6.2 Alleged peer pressure

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs/2662-alleged-peer-pressure

26.6.3 Alleged availability and cheapness of alcohol

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs/2663-alleged-availability-and-cheapness-alcohol

26.6.4 Self medication

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs/2664-self-medication

26.6.5 The decision whether or not to drink alcohol or consume illicit drugs is/was always the client's own

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs/2665-decision-whether-or-not-drink-alcohol-or-consume-illicit-drugs-iswas-always-clients-own

26.6.6 Summary

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/266-diseases-alcohol-consumption-or-illicit-drugs/2666-summary

Last amended

Mon, 05/12/2016 - 12:00pm

26.7 Smoking

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/267-smoking

Last amended

Fri, 17/11/2017 - 12:00pm

26.7.1 Policy

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/267-smoking/2671-policy

Last amended

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26.7.2 Investigating and determining claims

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/267-smoking/2672-investigating-and-determining-claims

Last amended

Fri, 17/11/2017 - 12:00pm

26.7.3 Exclusionary factors

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/267-smoking/2673-exclusionary-factors

Last amended

Fri, 17/11/2017 - 12:00pm

26.7.4 Summary

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/267-smoking/2674-summary

26.7.5 Smoking Questionnaire

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-26-serious-and-wilful-misconduct/267-smoking/2675-smoking-questionnaire

Ch 27 Pre-Existing Conditions

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-27-pre-existing-conditions

27.1 Failure to Declare Existing Condition at Recruitment

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-27-pre-existing-conditions/271-failure-declare-existing-condition-recruitment

27.1.1 Exclusion from liability for fraudulent misstatement at recruitment

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-27-pre-existing-conditions/271-failure-declare-existing-condition-recruitment/2711-exclusion-liability-fraudulent-misstatement-recruitment

Ch 28 Suspension of Compensation - Failure to Comply

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-28-suspension-compensation-failure-comply

28.1 Section 37(7) suspensions (Rehab)

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-28-suspension-compensation-failure-comply/281-section-377-suspensions-rehab

28.2 S57(2) suspensions (medical exam)

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-28-suspension-compensation-failure-comply/282-s572-suspensions-medical-exam

Ch 29 Client has Recovered Damages via Common Law

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-29-client-has-recovered-damages-common-law

29.1 Actions against the Commonwealth

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-29-client-has-recovered-damages-common-law/291-actions-against-commonwealth

29.2 Actions against Third Parties

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-29-client-has-recovered-damages-common-law/292-actions-against-third-parties

29.3 Legal Actions for Injuries under 1971 and 1930 Acts

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-29-client-has-recovered-damages-common-law/293-legal-actions-injuries-under-1971-and-1930-acts

29.4 Liability where Award Received under Other Compensation Legislation

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-29-client-has-recovered-damages-common-law/294-liability-where-award-received-under-other-compensation-legislation

Ch 30 Appendices

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices

Appendix 1 - List of Acronyms and Abbreviations

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-1-list-acronyms-and-abbreviations

Appendix 2 - Specific Occupational Diseases Declared under s7(1)

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-2-specific-occupational-diseases-declared-under-s71

2.1 Safety, Rehabilitation and Compensation (Specified Diseases) Notice 2007 (1)

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-2-specific-occupational-diseases-declared-under-s71/21-safety-rehabilitation-and-compensation-specified-diseases-notice-2007-1

2.2 Specified Diseases and Employment Instrument 2017

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-2-specific-occupational-diseases-declared-under-s71/21-safety-rehabilitation-and-compensation-specified-diseases-notice-2007-1/22-specified-diseases-and

Appendix 3 - Major and Minor British Nuclear Tests in and around Australia

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-3-major-and-minor-british-nuclear-tests-and-around-australia

3.1 Major Tests

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-3-major-and-minor-british-nuclear-tests-and-around-australia/31-major-tests

3.2 Minor Tests

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-3-major-and-minor-british-nuclear-tests-and-around-australia/32-minor-tests

Appendix 4 - Notes from Royal Commission - British Nuclear Test Participants

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-4-notes-royal-commission-british-nuclear-test-participants

4.1 Operation Hurricane (detonation on 3 October 1952 at Monte Bello Island, W.A.) :

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-4-notes-royal-commission-british-nuclear-test-participants/41-operation-hurricane-detonation-3-october-1952-monte-bello-island-wa

4.2 Operation Totem (detonations on 15 October 1953 and 27 October 1953 at Emu Field, S.A.) :

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-4-notes-royal-commission-british-nuclear-test-participants/42-operation-totem-detonations-15-october-1953-and-27-october-1953-emu-field-sa

4.3 Operation Mosaic (detonations on 16 May 1956 and 19 June 1956 at Monte Bello Island, W.A.) :

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-4-notes-royal-commission-british-nuclear-test-participants/43-operation-mosaic-detonations-16-may-1956-and-19-june-1956-monte-bello-island-wa

4.4 Operations Buffalo and Antler (7 detonations in 1956 and 1957 at Maralinga, S.A.):

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-4-notes-royal-commission-british-nuclear-test-participants/44-operations-buffalo-and-antler-7-detonations-1956-and-1957-maralinga-sa

Appendix 5 - Oberon Class Submarines - Hazard Exposure Profile

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ADF Service excluding operational/warlike service between 3 January 1949 to 30 June 2004
ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-5-oberon-class-submarines-hazard-exposure-profile

5.1 Table Four: Exposure Profile and Quality of Evidence

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-5-oberon-class-submarines-hazard-exposure-profile/51-table-four-exposure-profile-and-quality-evidence

5.2 Table Five: Exposure Profile (Gases) and Quality of Evidence

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-30-appendices/appendix-5-oberon-class-submarines-hazard-exposure-profile/52-table-five-exposure-profile-gases-and-quality-evidence

Ch 31 SRCA (and antecedents) Ready Reference Guide

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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

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The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-31-srca-and-antecedents-ready-reference-guide

Ch 32 SRCA Decision Making Tree

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The MCRS Liability Handbook contains the following chapters:

Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-32-srca-decision-making-tree