Policy

Most cases of suicide do not involve the complete dethronements of the power of volition. Insanity and 'dethronement' of a power of volition are medical judgements to which a Delegate may expect an objective answer from a professional person, i.e. a psychiatrist or clinical psychologist who had been treating the client, or who had the opportunity to examine the client, before his/her death. It is not a matter for supposition or inference but requires professional observations of the client's actual mental state, including powers of reasoning and volition.

Sequelae are not formally defined by any of the compensation Acts, nor is it a term used elsewhere within the text of those Acts. The term refers to medical conditions which represent a medical consequence of a previously accepted injury or disease, but is other than a simple worsening of that same condition. The main feature of sequelae is that they are different from the original condition (i.e. a sequela has a separate diagnosis). It is a new condition that has arisen out of the effects of that original condition.

Similarly, occasions have been known where civilian employers of reservists have (as an ADF public relations exercise), been invited to attend a reserves camp and sample those activities that their employees undertake in their Reserves role. Even though this event may involve the civilian employers voluntarily placing themselves under the control of an ADF officer, they are not ADF employees and any injury is not covered by the SRCA. Once again, their remedy if injured lies with a civil action for negligence against the Commonwealth.

Where the employee is or was a full time member of the ADF, reference to that employee's service Medical File will often provide an accurate diagnosis of the claimed condition. These medical notes and reports are contemporary with the injury and are therefore the preferred source of information in most cases.

If the date of effect of a disease is on or after the 13 April 2007 it will attract the new S5B definition of disease which requires a higher threshold of employment contribution – to a significant rather than material degree.

S5B defines a disease as follows:

'disease' means:

(a) an ailment suffered by an employee; or

(b) an aggravation of such an ailment

Upon receipt of a request for transfer to another State or a notification of change of address to another State or region, the following procedures are to be followed. If the client has an undetermined claim they are to be advised that the claim will be fully investigated and a determination made prior to the claim being transferred. The client is to be kept informed of the action taken on the claim and advised in writing when the claim is transferred.

When transferring the claim the following action is to be taken:

Where an act of violence or abuse is involved, there must be a clear link between the medical condition suffered and the act of violenceor abuse, and furthermore, a clear link between the act of violence or abuse and the employment.

The Concise Oxford Dictionary gives the following definition of 'interrupt':

1 act so as to break the continuous progress of (an action, speech, a person speaking, etc.) ...3 break the continuity of.

An interruption can only occur if a journey has already commenced and can best be seen as a distinct break in that particular journey.

Where an ADF member attempts to rely upon an alleged oral notice of injury to a supervisor or superior officer, a written confirmation by that superior officer to the effect that an oral notice was given, may (at the discretion of the Delegate) be accepted as a written notice under the Act. Note, however, that a corroborating statement by a current or former colleague (i.e. of the same rank at that time) would not be acceptable, as the employee's 'notice' of injury must have been addressed to the 'relevant authority', i.e.

The Liability Handbook is about the receipt of new claims and the determination of 'liability' for compensation. This is where you, as Delegate, decide whether the Commonwealth will accept or refuse responsibility for causing (or contributing to) the employee's death, injury or disease.