DCI 9 - Withdrawal Of A Claim For Rehabilitation And Compensation - Console

DEFENCE COMPENSATION INSTRUCTION - NO. 9

Military Compensation Scheme - Safety Rehabilitation and Compensation Act 1988

Subject

Withdrawal Of A Claim For Rehabilitation And Compensation

1.The purpose of this Defence Compensation Instruction is to advise of the action to be taken should a request be made to withdraw a Claim for Rehabilitation and Compensation (AB168).

Background

2.As a result of a recent meeting of the Current Systems Support Group, it was identified that there have been a number of requests from members/ex members withdrawing their claims for rehabilitation and compensation and that there was no policy regarding how a request to withdraw a Claim for Rehabilitation and Compensation was to be processed within the function.

3.Although requests of this nature are an exception, it is necessary that consistancy throughout the function be maintained.

Policy

4.A request to withdraw a claim for rehabilitation and compensation may occur at any time.  Members/ex members have the right to request that a claim be withdrawn, however, the impact of withdrawing their claim should be discussed with them.  After this discussion if the members/ex members still wish to withdraw their claim how Regional Offices are to action that request will depend on the stage of the claim at the time of the request.

5.A request to withdraw a claim is likely to occur primarily during the following stages:

a.prior to the claim form actually being received by the Regional Office;

b.after receipt of the claim form by the Regional Office but before a file has been raised;

c.after receipt of the claim form by the Regional Office but prior to recording the claim details on Compact/Workforce;

d.after receipt of the claim form by the Regional Office and after recording the claim details on Compact/Workforce;

e.prior to a determination being made; and

f.after a determination has been made.

Action

6.The following paragraphs detail how a request for withdrawal of a claim for rehabilitation and compensation is to be handled in accordance with the situations listed in paragraph 5 a to f.

7.Prior to actually being received by the Regional Office.  Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the actual claim form has not yet been received within the office, when the claim form is received, it is to be returned to the members/ex members.  No action what so ever is to be taken with the claim form.

8.After receipt by the Regional Office but before a file has been raised.  Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the claim form has been received within the office but before a file has been raised, the claim form is to be returned to the member/ex member.  No action whatsoever is to be taken with the claim form.

9.After receipt by the Regional Office but prior to recording the claim details on Compact/Workforce.  Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the claim form has been received within the office, a file has been raised but the claim has not been recorded on Compact/Workforce the following action is to be taken:

a.The request to have the claim form withdrawn, must be received in writing from the members/ex members or their legal representatives, if a written request is not forthcoming, the claim is to be processed.

b.The details of the claim are to be recorded on Compact/Workforce.

c.Compact/Workforce is to be updated as follows:

i.the Condition Determined field is to have “Withdrawn” input;

ii.the Determined date field is to have the date the letter is signed input; and

iii.the file is to be put away.

d.A letter is to be sent to the members/ex members advising that their claim for rehabilitation and compensation has been withdrawn as requested.  An outline of the letter to be sent is enclosed.

10.After receipt by the Regional Office and after recording the claim details on Compact/Workforce. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and the claim form has been received within the office, a file has been raised and the claim details have been recorded on Compact/Workforce the following action is to be taken:

a.The request to have the claim form withdrawn, must be received in writing from the members/ex members or their legal representatives, if a written request is not forthcoming, the claim is to be processed.

b.A letter is to be sent to the members/ex members advising that their claim for rehabilitation and compensation has been withdrawn as requested.  An outline of the letter to be sent is enclosed as Enclosure 1.

c.Compact/Workforce is to be updated as follows:

i.the Condition Determined field is to have “Withdrawn” input;

ii.the Determined date field is to have the date the letter is signed input; and

iii.the file is to be put away.

11.Prior to a determination being made. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and investigation into the claim has already commenced, the following action is to be taken:

a.The request to have the claim form withdrawn, must be received in writing from the members/ex members or their legal representatives, if a written request is not forthcoming, the claim is to be processed.

b.Once the written request has been received all investigation into the claim is to cease.

c.A letter is to be sent to the members/ex members advising that their claim for rehabilitation and compensation has been withdrawn as requested.  An outline of the letter to be sent is enclosed as Enclosure 1.

d.Compact/Workforce is to be updated as follows:

i.the Condition Determined field is to have “Withdrawn” input;

ii.the Determined date field is to have the date the letter is signed input; and

iii.the file is to be put away.

12.After a Determination has been made. Should your office receive a request to have a claim for rehabilitation and compensation withdrawn, and a Determination has already been made, the claim cannot be withdrawn.  The members/ex members are to be advised in writing. An outline of the letter to be sent is enclosed as Enclosure 2.

13.Any enquires concerning the information contained in this DCI should be directed to Ann Finlay on (06) 2668636.

[original signed by]

CLAUDE NEUMANN
ASPP

12 June 1996

Enclosure

1.Letter to member/ex member regarding withdrawal.

2.Letter to member/ex member not allowing withdrawal

DEPARTMENT OF DEFENCE

File Reference No

Date

Name
Address
Address
Address

Dear Name

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - WITHDRAWAL OF CLAIM

I refer to your written request dated [insert date of the written request] to with- draw your claim for rehabilitation and compensation for [insert what injury or illness are you claiming for from the form] dated [insert the date the claim form was signed].

I hereby acknowledge that your claim has been withdrawn.  No further action will be taken regarding this claim.

Should you wish to reconsider your decision, and lodge a claim in the future, that claim will be treated as a new claim.

If you require any information regarding this matter please contact [detail office contact]

NAME
Delegate of Comcare

DEPARTMENT OF DEFENCE

File Reference No

Date

Name
Address
Address
Address

Dear Name

SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - WITHDRAWAL OF CLAIM

I refer to your written request dated [insert date of the written request] to with- draw your claim for rehabilitation and compensation for [insert what injury or illness are you claiming for from the form] dated [insert the date the claim form was signed].

Since your claim for rehabilitation and compensation has been determined in accordance with the Safety, Rehabilitation and Compensation Act 1988, withdrawal is not permitted.

If you require any information regarding this matter please contact [detail office contact]

NAME
Delegate of Comcare