Delegates should note that it is not sufficient that the employee simply be present at the workplace for an injury to have coverage under the relevant compensation Act. The employee's presence 'on base' or in the normal workplace must be attendance for the purposes of employment, and not merely 'visiting' for a private purpose e.g.:
The decision – either to concede or deny liability – must be issued to the employee in writing, i.e. as a 'determination', as soon as practicable after that decision has been made. The determination must give reasons for the decision and information on reconsideration rights.
At registration, Defcare will automatically allocate a unique case number to the new claim. A new file folder should be raised to hold papers relating to this case. The process will result in the file being allocated a DVA 'TRIM' file number in addition to the Defcare reference. This is the same number.
In the case of claims by serving ADF members, the preferred policy is for any such claims should be directed to RCG via ADF channels (such as ADF Rehabilitation). The Transition Management Service is also available to serving members, to assist with claim lodgement and for the coordination of entitlements (i.e. relating to those facing medical discharge.
The recommendation that the member's compensation claim be highlighted as a priority for consideration by DVA will be passed to the ADF decision maker as part of the review of the person's employment status, or as part of the ongoing management and review of wounded, injured and ill members. The recommendation will be accompanied by a Defence WebForm which contains the following:
Although S57 is self-executing, it is reasonable and necessary to inform the client that he/she has in fact been suspended – i.e. by means of their own action in not attending the appointment. Delegates should use the Defcare standard letter designed for this purpose. This letter emphasises that it is not a determination, i.e. it contains no decision on the matter and that the effect of the 'self executing' nature of a S57 suspension is that it is not appealable to the AAT. (Note: There is no decision for the AAT to review.)
The Ross River Virus (RRV) and Barmah Forrest Virus (BFV), are related pathogens which are endemic over wide areas of Australia. These diseases are transmitted by mosquitoes, thus are a feature of the general environment, and attack members of the Australian community generally. Neither of these diseases are, of their nature, employment-specific (i.e. specific to a particular employment in the way that silicosis is a disease confined primarily to underground miners).
Where a person is aware of an existing illness or injury and wilfully withholds this or any other aspect of their medical history (including treatment, investigations etc.) at enlistment, S7(7) applies:
The provisions about injuries during travel contained in S6 make frequent reference to 'place of work' and 'place of residence'. While these references will usually present no difficulty, the following discussion is to provide guidance where disputes arise.
The uniting principles in these cases appear to be:
