'A condition of employment' as referred to in S6(1)(b)(v) indicates that there is an inability to continue with employment without attendance at the place of education. This will be a matter of fact.
An example of attendance at a place as a condition of employment would be an apprentice who is required to attend trade school as part of the apprenticeship.
In contrast to the SRCA, the VEA distinguishes between several types of military employment.
Reserves claimants should instead be briefed on their responsibilities, and the need for them to provide medical evidence from a doctor – preferably the treating specialist rather than a GP – with a clear diagnosis of the injury, and any other medical information relevant to the claim. They should be told verbally and in writing that while RCG may receive and acknowledge the claim we are unable to start processing or to finalise that claim until we have a diagnosis from a treating doctor.
Section 61 of the SRCA requires that a decision on liability must be issued as a written determination informing the client, at a minimum:
a) the terms of the determination (i.e. meaning whether the claim has been accepted or rejected etc. and, if accepted, from what date); and
It may also occur that a Delegate becomes aware that a claimant has a medical report or other relevant document in their possession and has chosen not to provide it for consideration. However, S58 gives the Delegate power to demand documents relevant to the claim and which are in the employees possession. Section 58 also refers to documents which the claimant '...may obtain...without unreasonable expense or inconvenience..' In that situation the Delegate may refuse to deal with the claim unless the employee complies within 28 days.
The above comments with regard to the SRCA's after hours coverage of ADF members 'living-in' (i.e. on the base) also apply generally to similar circumstances under the currency of the 1971 Act, but with the notable exception of the journey provisions.
Compensation is payable only in respect to an actual injury suffered by the employee.
Note: 'Injury' as defined by S5A (previously S4) of the SRCA also encompasses 'disease' and 'aggravation' (see parts 10.2 and 10.3 of this handbook). This requires that the employee suffers a medically definable condition resulting from the ADF employment.
Recruitment of ADF employees has the potential to employ persons with undetected medical conditions, weaknesses or propensities. This remains so, regardless of the strict medical standards which apply to recruits and the thorough medical examination to which they are subjected at application for employment. Given the nature of many medical conditions, this may be inevitable.
It is the duty of all delegates to determine all claims for compensation in an accurate and timely manner. The accuracy of determinations is not negotiable. No compromise can be accepted in the degree of care and diligence in deciding any entitlement under the Act. Claims assessors should always aim to meet the targets for time taken to process of 75 days for the VEA and 120 days for the SRCA and MRCA. Where possible, the assessment of claims should commence as soon as possible after receipt and the regular ongoing management of those claims conducted in a
