Policy

For the purposes of liability investigation, Delegates have the following powers:

1.Under S58 of the SRCA: The power to require the production of relevant documents or information in the possession of the claimant.

2.Under S57 of the SRCA: The power to require a medical examination by a doctor of the Delegate's choosing.

The decision to drink alcohol is generally the client's own. However in some cases, where alcohol consumption has resulted in a disease state diagnosable as an addiction, the decision to drink may not be the client's own. As highlighted above, if for example a member witnesses a traumatic event and they turn to alcohol or drugs as a coping mechanism, depending on the evidence and medical opinion on the case, it may be determined that the claimant had no control over their resulting escalated use and addiction.

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.

Delegates should ensure that specialist medical consultants are provided with all background information relevant to the examination. The letter of request should outline:

• the reason for the request
• the matter(s) to be decided by the Delegate
• the client's employment history relevant to the liability investigation
• all relevant service medical documents, and
• all other previous medical reports from other examiners.

In Telstra Corporation Limited v Warren (1997), the respondent had suffered injuries in two motor vehicle accidents. Some time after the accidents, he had been charged with disciplinary offences, including persistent late arrival at work and refusal to follow directions. The Court held that his consequent depressive state was not solely related to the disciplinary action:

Note: By their very nature, injuries will in almost all cases not attract the changes that were made by the SRCOLA 2007, as any injuries sustained on/after 1 July 2004 will be covered under the MRCA. This section therefore deals with the definition of injury as it existed prior to 13 April 2007 under s4.

Every new claim must be acknowledged within 5 working days of receipt; see 6.1.3 for more detail.

The ADF strongly denies that it has ever encouraged the consumption of alcohol, (let alone the over-consumption) either by means of pricing policy in messes or otherwise.

The situation for Reserves claimants injured on training nights or annual camps is quite different to that of a full time serving ADF claimant. On some occasions a Regimental Aid Post might provide first aid or emergency treatment. Injured Reservists parading out of reach of an ADF Regimental Aid Post are commonly referred to a public hospital for emergency treatment only.

Clients suspended under S57 even before liability has been accepted (i.e. while the case for entitlement has still to be demonstrated) may appear at first sight to be unaffected by this provision. Nevertheless, suspensions do apply to 'back payments' i.e. legal entitlements which are proven and paid only after acceptance of liability.