8.1.6 Coverage of those attending Defence premises intending to enlist

Cases have arisen where those persons attending Defence premises with the intention of enlisting in the ADF have been required to perform physical exercises (running, obstacle course etc.) to prove a standard of fitness acceptable for enlistment. These candidates for ADF enlistment, if injured during those preliminary tests, are not covered by the SRCA because they are/were not employees at the time of the injury. Their remedy lies instead in a civil action against the Commonwealth for negligence.

Such persons are not included within the provisions of S5(4) which instead clearly refers to casual 'day labour'. Section 5(4) requires that the injured person attending with the expectation of employment has previously been employed by the Commonwealth at that place and in fact to have been 'ordinarily' or regularly employed at the place of injury. Therefore persons attending with intention of enlisting are not covered.