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15.1 Separate Requirements - Accidental Injury or Disease


Read the discussion of the definition of 'injury' at 10.3 and the definition of 'disease' at 10.4 and 10.5.

You will see that where an employee suffers from an injury (i.e. a medical condition with the characteristics of an 'injury' as opposed to a 'disease') the Delegate must be satisfied that this injury:

...arose out of or in the course of the employee's employment...

before there is liability to pay compensation. This test is the same for the SRCA, the 1971 and the 1930 Acts.

On the other hand, a Delegate must be satisfied, in the case of a disease which arose during the currency of the SRCA, that the employee's employment with the Commonwealth either:

...contributed in a material degree... (prior to 13 April 2007)

...contributed to a significant degree... (on/after 13 April 2007)

to that condition, (i.e. for compensation to be payable). (see S4 and S5B)

For diseases arising during the currency of the 1971 Act, the Delegate need only be sure that that the Commonwealth employment:

...was a contributing factor to the contraction of the disease...

(see S29(1))

For diseases arising during the currency of the 1930 Act, the Delegate must be satisfied that:

...the disease is due to the nature of employment in which the employee was engaged by the Commonwealth...

(see S10(1))

Aggravations may have the character of either an injury or a disease, depending on the circumstances.

Sequelae are, of their nature, always diseases (see 10.7).