12.1 Suspension of Compensation for Failure to Attend Medical Examination

Section 57 of the SRCA provides that a client's right to compensation under the Act may be suspended if, 'without reasonable excuse', that client fails to attend or obstructs a medical examination required by the Delegate. This means – in the context of an initial liability investigation – that the case will no longer be progressed and no decision on liability need be made. This suspension remains in force, until the client complies with the direction under S57.

Note that a suspension of rights to compensation under Section 57 does not affect rights to compensation in respect to any other claim. That is, the suspension does not affect claims for separate, unrelated injuries i.e. those not also under investigation by means of the proposed medical examination.

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