What Is Not Covered By Compensation
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation
Reasonable Disciplinary Action/failure To Obtain Promotion, Transfer Or Benefit
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/reasonable-disciplinary-actionfailure-obtain-promotion-transfer-or-benefit
Intentionally Self Inflicted Injuries
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/intentionally-self-inflicted-injuries
Serious And Wilful Misconduct
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/serious-and-wilful-misconduct
Under The Influence Of Alcohol Or Non Prescribed Drugs
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/under-influence-alcohol-or-non-prescribed-drugs
Increased Risk Of Injury On Journeys
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/increased-risk-injury-journeys
Voluntary And Unreasonable Exposure To Abnormal Risk
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/voluntary-and-unreasonable-exposure-abnormal-risk
Wilful And False Non Disclosure Of Pre-Existing Disease
While the Act provides equitable and fair coverage for employees, there are some specific situations which are not covered.
They are:
-
following disciplinary action which is reasonable/failure to obtain a promotion, transfer or benefit;
-
by intentional self infliction of injuries;
-
through misconduct which is serious and wilful;
-
being under the influence of alcohol or non-prescribed drugs;
-
increasing risk of injury with journeys;
-
by voluntarily and unreasonably exposing him/herself to abnormal risk; and
-
wilfully and falsely failing to disclose pre-existing conditions prior to Commonwealth employment.
It may be that there will never be a need to use exclusionary provisions. Many of the circumstances which must be met for such provisions to apply will be rare and very difficult to establish.
This clearly indicates that these provisions are not in the Act to cater for minor anomalies of individual claims. They are there to ensure that, where compensation should clearly not be awarded, there are legal grounds on which to base a decision to disallow.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-four-new-claims-injury/part-one-introduction/what-not-covered-compensation/wilful-and-false-non-disclosure-pre-existing-disease