'Unreasonable' and 'reasonable' are defined in the Concise Oxford Dictionary:
unreasonable 1. going beyond the limits of what is reasonable or equitable. 2. Not guided by or listening to reason.
reasonable 1. having sound judgement; moderate; ready to listen to reason 2. In accordance with reason; not absurd. .
The ADF member's duty to maintain physical fitness means that they may allege that a number of miscellaneous activities such as solo jogging or body building are responses to ADF fitness requirements, even though these activities were conducted “off base” without supervision and were not part of approved civilian sport.
The Delegate's first task in such a case is therefore to establish whether or not the condition being treated was itself compensable.
Where that original injury was compensable, liability for injury inflicted by medical treatment of that original injury, is itself compensable merely if it was 'reasonable for the client to have obtained that medical treatment'.
Many ADF members with long service may have received more than a single injury during their service. The structure of the SRCA is such that a claim for compensation is made in respect to each individual instance of injury, disease etc. and the determination of liability for each instance of injury is essentially independent of the others. Unlike disability compensation under the VEA, each concession of liability carries with it a separate suite of financial entitlements (e.g. a new entitlement to a PI payment). Note, however, that incapacity benefits can not be double-paid, i.e.
The identity of the doctor (medical specialist) from whom the Delegate is to accept advice is a matter of interest to some advocates, in some cases. Also, some advocates may suggest in view of the risks inherent in presenting a report that the Delegate did not commission, that some agreement be struck – i.e. between Delegate and advocate – as to a suitable medical adviser.
Where the onset of a disease is on or after 13 April 2007 the relevant test will come within the SRCOLA 2007 amendments which is 'reasonable administrative action' rather than 'reasonable disciplinary action.'
Reasonable Administrative Action is defined to include the following in s5A(2):
reasonable appraisal of the employee's performance;
Once archived, RCG files remain with DVA until destroyed. Older Defence archived files however become the property of Australian Defence Archives. Should RCG require information from a file held by Australian Defence Archives the following action is to be taken:
The claimed condition must be 'a result of' the member's failure to obtain a promotion,transfer or benefit if the exclusionary provision is to operate. Accordingly, the exclusionary provision does not operate where:
