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2.5 Power to request information
2.5.1 Power to obtain information from Defence
The various incapacity provisions in Chapter 4 of the MRCA provide the legislative authority to obtain information from Defence in relation to:
rank and pay level;
medical documents; and
Section 151 of the SRCA enables the same authority to request information from Defence.
2.5.2 Power to request/seek medical information
Incapacity payments must be supported by medical evidence of incapacity for employment.
Section 58 of the SRCA and section 330 of the MRCA provides the legislative authority to request provision of a medical certificate, or other information, to support a claim for incapacity from the person making the claim. Alternatively, the delegate may approach a person’s treating doctor directly to obtain information. This may be required if the person is unable to do this themselves due to their medical condition.
In the circumstance where the person alleges incapacity due to an accepted condition but has neither a treating GP nor a treating specialist the delegate may choose a medical examiner under S57 of the SRCA or s328 of the MRCA.
Section 57 of the SRCA and Section 328 of the MRCA provides a delegate with the power to require a person to undergo a medical examination for the purpose of assessing their entitlement to incapacity payments. If the person:
refuses or fails to undergo the examinations; or
in any way obstructs the examination;
without reasonable excuse then their entitlement to compensation (excluding treatment) may be suspended until such time as they undergo that examination. Alternatively the person may choose to withdraw their claim to avoid suspension.
22.214.171.124 Authority from the person to seek information
Note that the initial liability claim form requires an applicant to give an authority to approach his/her treating doctor directly, for relevant information. Although the authority is incorporated into the liability claim form, this does not imply that it expires with the finding of liability. It also operates for all subsequent investigations into compensation payments.
Approaches to treating doctors should be in writing and include a copy of the person's written authority from the claim form.