Relevance of this question

This question is testing whether the exclusion under s 7(7) of the SRC Act should be applied to the client.  Section 7(7) states:

7(7)A disease suffered by an employee, or an aggravation of such a disease, shall not be taken to be an injury to the employee for the purposes of this Act if the employee has at any time, for purposes connected with his or her employment or proposed employment by the Commonwealth or a licensed corporation, made a wilful and false representation that he or she did not suffer, or had not previously suffered, from that disease.

The subsection provides that compensation for a disease (but not an injury) will be excluded if the client:

  • made a wilful and false representation that he or she has not previously suffered from that disease; and
  • the false representation was made for purposes connected with his or her employment or proposed employment by the Commonwealth or a licensed corporation.