The notice provisions of the 1930 Act are found in S16 of that Act and are significantly different to those in the SRCA and the 1971 Act. Section 16 of the 1930 Act states:
In summary:
Last amended: 12 April 2011
It is obviously important that Delegates be aware of what operational service has been declared. As a brief summary only, the periods/areas excluded from SRCA cover are:
In the case of Reservists and cadets, the initial medical treatment for the claimed condition is likely to have been undertaken by a private or public medical practitioner. In these cases, the date of occurrence for a disease should be the date that the disease was diagnosed by a qualified medical practitioner, unless some other earlier date can be positively established on the facts. For example, the treating medical practitioner may certify that earlier undiagnosed symptoms (headaches, dizzy spells) were an early indication of the claimed condition.
This type of service relates to F-111 Deseal/Reseal workers who were working on the fuel tanks of the F-111 jets at the Amberley RAAF Base in Queensland. As a result of the Study of Health Outcomes in Aircraft Maintenance Personnel (SHOAMP) the then government announced an three tiered ex-gratia scheme for those maintenance workers who fulfilled certain criteria, and an additional health care scheme which provided a white card for those eligible.
1.A client has his leg amputated below the knee following the infection of a crush injury sustained in a non-compensable motor vehicle accident. The impairment and incapacity for work is an intended consequence of medical treatment designed to save the client's life.
2.A client suffers nausea, weight loss and other symptoms known to be a common side effect of chemotherapy for his cancer condition. These side effects are an intended consequence of the medical treatment.
Section 6(1)(a) of the SRCA states:
6(1) Without limiting the circumstances in which an injury to an employee may be treated as having arisen out of, or in the course of, his or her employment, an injury shall, for the purposes of this Act, be treated as having so arisen if it was sustained:
a) as a result of an act of violence that would not have occurred but for the employee's employment or the performance by the employee of the duties or functions of his or her employment
Claims may be received from family members of DVA staff. All staff should note that they must inform their Assistant Director should such a claim be lodged. If such a claim is lodged in an office other than that where the DVA staff member works then no further action is required, unless the delegate assigned the claim is known to the claimant. If this happens the staff member should advise their assistant director of a conflict of interest so that the claim can be re-assigned.
A course of study generally involves additional research or study in relation to the particular subjects being undertaken. Necessarily, some of this study may be done out of hours or during weekend periods and may involve visiting a library or similar institution.
Generally, where the study program has been approved by the Commonwealth, compensation coverage should be extended to include these additional study commitments, provided the fact of the attendance for study purposes can be positively established.
Damage or loss of 'property used by the employee' is not of course an injury. This category of loss is dealt with by S15 rather than S14 of the SRCA. In fact 'property' is very narrowly defined by the Act, and for RCG purposes refer mainly to spectacles damaged during an accident that otherwise resulted in no personal injury.
This topic is discussed elsewhere at 9.1.2.
Only 'employees' as defined by the Act are entitled to compensation under that Act.
Section 5 of the SRCA defines 'employee' at length. However, for RCG purposes the only relevant passages are:
