12.3 Suspensions Activated by Client's Own Actions

The suspension provisions of S57 have been deemed by the Federal Court to be 'self executing' and thus require no further determination by a Delegate to bring about the suspension. This means that following service of the Notice – which is incorporated in the letter advising the client of the date and time of the medical appointment – any unreasonable failure to attend automatically enacts the suspension.

A Delegate may however intervene and revoke the 'automatic' suspension if he/she believes the client had a 'reasonable excuse'.

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