25.1.1 Injuries Arising from Reasonable Disciplinary Action

This exclusion was amended to 'reasonable administrative action' by the SRCOLA 2007 (effective 13 April 2007). The amendment only applies where the date of onset of a disease is on/after 13 April 2007. The following sections outline the exclusion as it stands for SRCA claims where date of injury/disease is pre 13 April 2007.

Section 4(2) of the SRCA, in defining the term 'injury' for purposes of the Act, states:

...does not include such disease, injury or aggravation suffered by an employee as a result of reasonable disciplinary action taken against the employee or failure by the employee to obtain a promotion, transfer or benefit in connection with his or her employment...

This section therefore deals with compensation cases which arise out of disciplinary action. See Chapter 26 for cases arising out of failure to obtain benefit, promotion, transfer etc.

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