Contributed in a material degree

Contributed in a material degree

The required level of contribution is that the ailment or aggravation was contributed to in a material degree by the member's employment (sometimes referred to as “material contribution”).

In the context of the 1988 Act, “material” means more than trivial, minimal or immaterial, but does not mean predominant, most significant, or main.

The following statement of the Federal Court in Treloar v Australian Telecommunications Commission (1990) can properly be applied to the issue of material contribution under the SRC Act:

it follows . . . that once it is established that an employee in the doing of his work was exposed to “a state of affairs to which he would not otherwise have been exposed” or to “some characteristic of, or condition in which, the work was to be performed” and that such exposure was in truth a “contributing” factor to the condition in respect of which he seeks compensation then it matters not whether the contribution was of any particular size or degree. In all cases the question is whether there has been a contribution.

Determining material contribution

Both factual evidence and medical evidence may be of assistance in determining whether a member's employment has contributed in a material degree to the claimed condition.

Factual evidence may include:

• the nature of the work performed;
• member and unit statements relating to claimed employment factors;
• the particular tasks of the employment;
• descriptions of work methods, work conditions and specifications, environmental hazard reports or personality conflicts;
• the duration of the member's current employment;
• the contribution of risk factors at the work place;
• occupational and medical history including sick leave records;
• witness, police or accident reports.
• the duration and extent of the disease, having regard to the contribution made by the employment.

Medical evidence may include:

• the probability of the disease developing, irrespective of employment:

• the established medical diagnosis and prognosis;
• medical and diagnostic reports, clinical or hospital notes;
• history of condition and complaints since the claimed date of injury;

• the contribution of risk factors outside the workplace, including the existence of any hereditary factors:

• occupational and medical history including sick leave records;
• the nature and extent of any original injury, where the current condition is an aggravation or acceleration;
• consistency between the claimed condition and its stated causes;

• an opinion on the percentage of contribution;
• the relevant lifestyle factors of the member;
• the relevant activities and personal circumstances of the member outside the workplace:

• whether a pre-existing or degenerative condition is present;
• any previous injuries of a similar nature.

Policy - 10% contribution or more is required

It is MCRS practice to ask medical practitioners to express an opinion on the percentage of contribution made by a member's ADF employment to the claimed condition.

As a matter of MCRS policy, where such evidence is available a contribution of 10% or more is to be accepted as “material”.  However if, in the opinion of the medical practitioner, the degree of contribution by ADF employment is less than 10%, material contribution should be denied unless special circumstances exist.