Ch 1 Overview

Version 2.10

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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-1-overview

1.1 Defcare Liability Module

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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-1-overview/11-defcare-liability-module

1.2 Determinations of Liability

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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-1-overview/12-determinations-liability

Ch 2 Initial Liability

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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-2-initial-liability

2.1 Liability

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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-2-initial-liability/21-liability

2.2 No Payment of Benefits without Liability

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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-2-initial-liability/22-no-payment-benefits-without-liability

2.2.1 Illegality of pre-liability payments

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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-2-initial-liability/22-no-payment-benefits-without-liability/221-illegality-pre-liability-payments

2.2.2 Pre-liability investigation of anticipated benefits

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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-2-initial-liability/22-no-payment-benefits-without-liability/222-pre-liability-investigation-anticipated-benefits

2.2.3 Pre-liability negotiations re rehabilitation

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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-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

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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-2-initial-liability/22-no-payment-benefits-without-liability/224-pre-and-non-liability-rehabilitation-tms

2.3 Investigating Liability - Principles

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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-2-initial-liability/23-investigating-liability-principles

2.3.1 What is to be investigated?

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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-2-initial-liability/23-investigating-liability-principles/231-what-be-investigated

2.3.2 Conduct of Delegates

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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-2-initial-liability/23-investigating-liability-principles/232-conduct-delegates

2.3.3 Nature of the evidence

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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-2-initial-liability/23-investigating-liability-principles/233-nature-evidence

2.3.4 Evidence must support liability to pay compensation

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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-2-initial-liability/23-investigating-liability-principles/234-evidence-must-support-liability-pay-compensation

2.3.5 Delegates' powers of enquiry

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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-2-initial-liability/23-investigating-liability-principles/235-delegates-powers-enquiry

2.3.6 Standard of proof

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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-2-initial-liability/23-investigating-liability-principles/236-standard-proof

2.3.7 The discretion of Delegates

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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-2-initial-liability/23-investigating-liability-principles/237-discretion-delegates

2.3.8 Reversal of liability

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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-2-initial-liability/23-investigating-liability-principles/238-reversal-liability

2.4 Liaison with Client's Lawyer or Representative

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16 October 201 — 3

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

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

In this Handbook

The 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

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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-2-initial-liability/24-liaison-clients-lawyer-or-representative/241-procedure-client-contacts-where-client-represented

2.4.2 Procedure where represented client initiates contact with RCG

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

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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-2-initial-liability/25-priorities-actioning-compensation-claims

2.5.1 Timely Approach to Claims Processing

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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-2-initial-liability/25-priorities-actioning-compensation-claims/251-timely-approach-claims-processing

2.5.2 Guiding Principles

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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-2-initial-liability/25-priorities-actioning-compensation-claims/252-guiding-principles

2.5.3 Processes for Defence Requested Priority Cases

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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-2-initial-liability/25-priorities-actioning-compensation-claims/253-processes-defence-requested-priority-cases

2.5.4 Submission of Defence Requested Priority - New Claim

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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-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

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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-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

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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-2-initial-liability/25-priorities-actioning-compensation-claims/256-spinal-cord-injury-prioritisation-approach

Ch 3 Determinations of Liability

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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-3-determinations-liability

3.1 Nature and Content of Determinations of Liability

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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-3-determinations-liability/31-nature-and-content-determinations-liability

3.2 Natural Justice Considerations and Prior Warning of Adverse Decisions

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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-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

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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-3-determinations-liability/33-timeliness-determinations

Ch 4 Defcare Liability Module

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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-4-defcare-liability-module

4.1 General Use of the Liability Module

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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-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

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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-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

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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-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

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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-5-notice-injury-and-claims-compensation

5.1 Notice and Claim Requirements

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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-5-notice-injury-and-claims-compensation/51-notice-and-claim-requirements

Last amended

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

Ch 6 Claims for Compensation

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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-6-claims-compensation

6.1 Lodgement of 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-6-claims-compensation/61-lodgement-claims

6.1.1 Claims to be served on MRCC not Comcare

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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-6-claims-compensation/61-lodgement-claims/611-claims-be-served-mrcc-not-comcare

6.1.2 Serving members should lodge through ADF channels

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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-6-claims-compensation/61-lodgement-claims/612-serving-members-should-lodge-through-adf-channels

6.2 Disclosure of Information

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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-6-claims-compensation/62-disclosure-information

6.2.1 Privacy Act and the Department of Defence

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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-6-claims-compensation/62-disclosure-information/621-privacy-act-and-department-defence

6.2.2 Exception - Release of information on public safety grounds

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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-6-claims-compensation/62-disclosure-information/622-exception-release-information-public-safety-grounds

6.3 Claim Format

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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-6-claims-compensation/63-claim-format

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

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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-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

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16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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16 October 201 — 3

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

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

In this Handbook

The 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

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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-6-claims-compensation/64-claims-made-after-death-claimant

6.5 Claim to be Accompanied by a Medical Certificate

Version 2.10

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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-6-claims-compensation/65-claim-be-accompanied-medical-certificate

6.5.1 The requirement for a medical certificate under S54, SRCA

Version 2.10

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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-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

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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-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

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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-6-claims-compensation/65-claim-be-accompanied-medical-certificate/653-full-time-serving-and-discharged-adf-claimants

6.5.4 Reserves claimants

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16 October 201 — 3

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

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

In this Handbook

The 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

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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-6-claims-compensation/66-duplicate-claims

6.6.1 Successive claims for the same condition

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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-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

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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-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 201 — 3

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

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

In this Handbook

The 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

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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-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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-6-claims-compensation/69-registration-new-claims

6.9.1 Defcare registration

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-6-claims-compensation/610-transferring-compensation-claims-between-locations/6101-policy

6.10.2 Procedures to be followed

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16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-6-claims-compensation/612-claims-potential-conflict-interest

6.12.1 Background:

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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-6-claims-compensation/612-claims-potential-conflict-interest/6121-background

6.12.2 Potential Conflict of Interest types

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

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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-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

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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-6-claims-compensation/612-claims-potential-conflict-interest/6124-claims-family-members-dva-staff

6.12.5 Claimant known to a staff member

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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-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

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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-6-claims-compensation/612-claims-potential-conflict-interest/6126-other-possible-conflict-interest-actual-or-apparent

6.13 Withdrawal of a Claim for Compensation

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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-6-claims-compensation/613-withdrawal-claim-compensation

6.13.1 Policy

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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-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

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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-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

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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-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

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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-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

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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-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

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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-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

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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-6-claims-compensation/613-withdrawal-claim-compensation/6137-after-determination-has-been-made

6.14 Claims for Compensation - 1971 Act

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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-6-claims-compensation/614-claims-compensation-1971-act

6.14.1 1971 Act (on and after 1 July 1986)

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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-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)

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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-6-claims-compensation/614-claims-compensation-1971-act/6142-1971-act-1-july-1986

6.15 Claims for Compensation - 1930 Act

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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-6-claims-compensation/615-claims-compensation-1930-act

6.15.1 Claim and notice provisions - S16, 1930 Act

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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-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

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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-6-claims-compensation/615-claims-compensation-1930-act/6152-deemed-acceptance-late-claim-s161ii-1930-act

Ch 7 Notice of Injury

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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-7-notice-injury

7.1 Notice of Injury - SRCA 1988

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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-7-notice-injury/71-notice-injury-srca-1988

7.1.1 Provisions of the SRCA 1988

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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-7-notice-injury/71-notice-injury-srca-1988/711-provisions-srca-1988

7.1.2 Exceptions to the requirements of S53(1)

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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-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 201 — 3

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

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

In this Handbook

The 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

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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-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

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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-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

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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-7-notice-injury/71-notice-injury-srca-1988/716-notices-cases-diseases-long-latency

7.1.7 Interpretation - 'as soon as practicable'

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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-7-notice-injury/71-notice-injury-srca-1988/717-interpretation-soon-practicable

7.1.8 Interpretation - 'prejudice'

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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-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

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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-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

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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-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

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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-7-notice-injury/71-notice-injury-srca-1988/7111-discussion-when-does-s531-apply

7.2 Notice of Injury - 1971 Act

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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-7-notice-injury/72-notice-injury-1971-act

7.3 Notice of Injury - 1930 Act

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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-7-notice-injury/73-notice-injury-1930-act

7.3.1 Notice Requirements - S16, 1930 Act

Version 2.10

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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-7-notice-injury/73-notice-injury-1930-act/731-notice-requirements-s16-1930-act

7.3.2 Prejudice

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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-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 201 — 3

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

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

In this Handbook

The 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

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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-8-coverage-legislation

8.1 Employees

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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-8-coverage-legislation/81-employees

8.1.1 Who is an employee for RCG purposes?

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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-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 201 — 3

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

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

In this Handbook

The 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

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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-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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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)

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16 October 201 — 3

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

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

In this Handbook

The 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

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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-8-coverage-legislation/82-liability-under-repealed-acts/821-injuries-under-former-acts-have-coverage

8.2.2 Summary - 1971 and 1930 Acts

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16 October 201 — 3

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

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

In this Handbook

The 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

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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-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'

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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-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

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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-8-coverage-legislation/83-coverage-type-service

8.3.1 Significance of service type

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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-8-coverage-legislation/83-coverage-type-service/831-significance-service-type

8.3.2 What types of service are there?

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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-8-coverage-legislation/83-coverage-type-service/832-what-types-service-are-there

8.3.3 SRCA coverage of peacetime, hazardous and peacekeeping service

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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-8-coverage-legislation/83-coverage-type-service/833-srca-coverage-peacetime-hazardous-and-peacekeeping-service

8.3.4 SRCA coverage of operational service

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16 October 201 — 3

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

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

In this Handbook

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

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

In this Handbook

The 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

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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-8-coverage-legislation/83-coverage-type-service/836-declared-periods-operational-service

8.3.7 Delegates to be satisfied re operational service

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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-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 201 — 3

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

The 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

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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-9-defining-injury/91-what-consequences-employment-are-compensable/912-property

9.1.3 Property under former Acts

Version 2.10

16 October 201 — 3

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

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

In this Handbook

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-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

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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-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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-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

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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-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

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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-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

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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-9-defining-injury/92-need-clear-and-accurate-diagnosis/9210-delegates-discretionauthority-approach-reservists-doctor

9.2.11 Section 58 and Reservists

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

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

In this Handbook

The 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

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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-10-injury-disease-or-aggravation

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

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

The 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

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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-10-injury-disease-or-aggravation/105-disease-date-effect-onafter-13-april-2007-s5b

10.6 Aggravation

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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-10-injury-disease-or-aggravation/106-aggravation

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

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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/107-what-are-sequelae-ie-extensions-liability

10.7.1 Examples of a sequela

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

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

In this Handbook

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

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

In this Handbook

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

In this Handbook

The 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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In this Handbook

The MCRS Liability Handbook contains the following chapters:

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11.3.1 What does a Delegate need to know?

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11.3.2 Choosing a doctor to advise the Delegate

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In this Handbook

The 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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In this Handbook

The 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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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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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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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')

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In this Handbook

The 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

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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-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

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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-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.

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In this Handbook

The 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

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In this Handbook

The 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

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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-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

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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-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

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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-11-medical-opinions-and-examinations/115-agreement-identity-medical-adviser

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

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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-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

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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-11-medical-opinions-and-examinations/116-interpretation-medical-opinion

11.6.1 Qualifications of medical practitioners

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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-11-medical-opinions-and-examinations/116-interpretation-medical-opinion/1161-qualifications-medical-practitioners

11.6.2 Content and completeness

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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-11-medical-opinions-and-examinations/116-interpretation-medical-opinion/1162-content-and-completeness

11.6.3 Contradictions or logical improbabilities within the report

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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-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)

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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-12-suspension-under-s57-failure-attend-medical-examination

12.1 Suspension of Compensation for Failure to Attend Medical Examination

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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-12-suspension-under-s57-failure-attend-medical-examination/121-suspension-compensation-failure-attend-medical-examination

12.2 Advice to Clients

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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-12-suspension-under-s57-failure-attend-medical-examination/122-advice-clients

12.3 Suspensions Activated by Client's Own Actions

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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-12-suspension-under-s57-failure-attend-medical-examination/123-suspensions-activated-clients-own-actions

12.4 Suspended Clients to be Advised Promptly

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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-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'

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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-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

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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-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

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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-12-suspension-under-s57-failure-attend-medical-examination/126-termination-suspensions-upon-compliance

12.7 Effect of Suspension where Liability yet to be Accepted

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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-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

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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-13-status-rma-sops-drca-purposes

13.1 What are Statements of Principles (SOP)

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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-13-status-rma-sops-srca-purposes/131-what-are-statements-principles-sop

13.1.1 SOPs not binding in DRCA cases

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In this Handbook

The 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

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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-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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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The 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

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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-14-survival-claims-over-time

14.1 Liability Continues Until Ceased by Determination

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The MCRS Liability Handbook contains the following chapters:

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14.2 Denying Benefits Where There is No Current Entitlement

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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:

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Ch 15 Injury - Nexus with Work

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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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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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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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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The 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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ADF Service including operational/warlike service between 7 April 1994 to 30 June 2004

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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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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-16-accidental-injuries

16.1 Relating Injuries to Employment

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

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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-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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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In this Handbook

The 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

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17.7.1 Injury while travelling to the appointment

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17.8 Investigation of Travel Claims

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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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Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-19-acts-violence/191-acts-violence

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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Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-19-acts-violence/191-acts-violence/1913-links-between-violence-injury-and-employment

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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Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-20-injuries-medical-treatment

20.1 Unintended Consequences of Medical Treatment

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Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-20-injuries-medical-treatment/201-unintended-consequences-medical-treatment

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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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/222-declared-occupational-diseases-s29-1971-act

22.3 Occupational Diseases under the 1930 Act

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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/223-occupational-diseases-under-1930-act

22.4 Specific Types of Service

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

22.4.1 F-111 Deseal/Reseal

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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/2241-f-111-desealreseal

22.4.2 ADF British Nuclear Test Participants

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

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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-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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

The 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

Version 2.10

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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-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 201 — 3

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

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

In this Handbook

The 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

Version 2.10

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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/251-reasonable-disciplinary-action

25.1.1 Injuries Arising from Reasonable Disciplinary Action

Version 2.10

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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/251-reasonable-disciplinary-action/2511-injuries-arising-reasonable-disciplinary-action

25.1.2 What evidence is required to determine this exclusion?

Version 2.10

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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/251-reasonable-disciplinary-action/2512-what-evidence-required-determine-exclusion

25.1.3 What is 'reasonable disciplinary action'?

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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'

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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/251-reasonable-disciplinary-action/2514-things-which-may-be-reasonable-disciplinary-action

25.1.5 Is counselling disciplinary action?

Version 2.10

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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/251-reasonable-disciplinary-action/2515-counselling-disciplinary-action

25.1.6 What does 'reasonable' mean in relation to discipline?

Version 2.10

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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/251-reasonable-disciplinary-action/2516-what-does-reasonable-mean-relation-discipline

25.1.7 Case examples - Unreasonable action

Version 2.10

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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/251-reasonable-disciplinary-action/2517-case-examples-unreasonable-action

25.1.8 'A result of'

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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/251-reasonable-disciplinary-action/2518-result

25.1.9 Case example - Other contributing causes

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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 201 — 3

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

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

In this Handbook

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

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

In this Handbook

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

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

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

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

In this Handbook

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

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

In this Handbook

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

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

In this Handbook

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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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/254-voluntary-and-unreasonable-submission-greater-risk/2541-section-62-and-3-srca

25.4.2 Abnormal Risk of Injury

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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/254-voluntary-and-unreasonable-submission-greater-risk/2542-abnormal-risk-injury

25.5 Voluntary and Unreasonable Submission

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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/255-voluntary-and-unreasonable-submission

25.5.1 Voluntary

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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/255-voluntary-and-unreasonable-submission/2551-voluntary

25.5.2 Unreasonable

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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/255-voluntary-and-unreasonable-submission/2552-unreasonable

25.5.3 Case examples

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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/255-voluntary-and-unreasonable-submission/2553-case-examples

Ch 26 Serious and Wilful Misconduct

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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

26.1 Serious and Wilful Misconduct - SRCA

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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

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

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

In this Handbook

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

Fri, 17/11/2017 - 12:00pm

26.7.2 Investigating and determining claims

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16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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

Version 2.10

16 October 201 — 3

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

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

In this Handbook

The 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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16 October 201 — 3

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

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

In this Handbook

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

In this Handbook

The 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 including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

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

In this Handbook

The 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 including operational/warlike service between 7 April 1994 to 30 June 2004

In this Handbook

The 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