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Military Compensation SRCA Manuals and Resources Library
Liability Handbook
Ch 12 Suspension under S57 (Failure to Attend Medical Examination)
- 12.3 Suspensions Activated by Client's Own Actions
External
Policy
The suspension provisions of S57 have been deemed by the Federal Court to be 'self executing' and thus require no further determination by a Delegate to bring about the suspension. This means that following service of the Notice – which is incorporated in the letter advising the client of the date and time of the medical appointment – any unreasonable failure to attend automatically enacts the suspension.
A Delegate may however intervene and revoke the 'automatic' suspension if he/she believes the client had a 'reasonable excuse'.