Policy

Section 54 of the SRCA specifies several requirements of an application for compensation. As a matter of policy, these requirements also apply to new claims made under former Acts. In general, claims are not acceptable and are not formally recognised as a 'claim' unless these requirements have been met. However, there are several exceptions provided, both under S54 itself, and through Policy on the interpretation of S54.

In short, Delegates are required to:

1.record the receipt of the attempted claim before any other action

The policy in the case of a claim for illnesses arising from failure to obtain promotion transfer or benefit under former Acts follows exactly the same lines as for injuries arising from reasonable disciplinary action, outlined at 26.1

Neither the 1971 nor the 1930 Acts themselves, contain specific provisions to actively exclude injuries arising from a failure to obtain a promotion, a transfer or other benefit from employment.

The Military Compensation Act 1994 inserted a new S6A into the SRCA to provide additional protection for military personnel who suffer injury as a result of medical treatment.

Section 6A(2) provides that compensation is payable if:

• at any time a member receives medical treatment paid for by the Commonwealth, and
• they suffer an injury as an unintended consequence of that treatment.

Section 4 defines 'disease' as follows:

'disease' means:

a)any ailment suffered by an employee, or

b)the aggravation of any such ailment,

being an ailment or an aggravation that was contributed to in a material degree by the employee's employment by the Commonwealth...

Likewise, 'ailment' is defined in S4 as:

any physical or mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development)

The Privacy Act governs the release of information from the client's compensation file to the employer.

Commission must give, to the Chief of Defence Force (CDF), a copy of a claim for liability submitted to it by a person who suffers the injury or contracts the disease while a member of the ADF.  

Employees are covered for the full duration of a residential course, including during meals, resting and periods of participating in reasonable entertainment activities in free time.

Section 5(3) provides that the categories of person listed under that subsection may be covered under DRCA following a Declaration (via legislative instrument) by the Minister (the DRCA Declaration). 

A Declaration was signed by the Minister on 21 September 2018, and commenced on 1 October 2018.  This DRCA Declaration provides for the class of persons mentioned in column 1 of the following Schedule to be taken as persons employed by the Commonwealth where performing the class of acts mentioned in column 2.

SCHEDULE

Clients are routinely warned of the existence of the suspension provisions of S57 in the standard Defcare letter which advises the time and date of the medical appointment. Delegates should NOT remove or modify this declaration in any way, as it is a Notice for the purposes of S57(1)(a) and the operation of S57 depends on that declaration.

Peer pressure, if present, is a social interaction between the client and his/her social group – i.e. a private matter – and does not involve the employer or the employment. In any case, and despite 'peer pressure' (if present) it is the client's free decision as to whether he/she was to drink or not, i.e. an act of free will.

Section 6A was inserted into the SRCA to take account of the Military situation i.e. the requirement that a serving member be treated only by the ADF Health Service.

However, post-discharge medical treatment of a condition – i.e. where this treatment is compensable under S16 of the SRCA – represents another instance of treatment 'paid for by the Commonwealth'.