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  • Ch 16 Accidental Injuries

Ch 16 Accidental Injuries

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In this chapter

  • 16.1 Relating Injuries to Employment
  • 16.2 Summary - Accidental Injury at Work or Travel
  • 16.3 Date of Injury
  • 16.4 Injury at Work
  • 16.5 At the Place of Employment AND 'on duty'
  • 16.6 Ordinary Recesses and Temporary Absences
  • 16.7 Members 'living-in' (i.e. in Barracks or a Mess) - SRCA
  • 16.8 Members 'living in' i.e. on Base - 1971 Act
  • 16.9 Attendance at Mess etc. for Compulsory Functions
  • 16.10 Interval in an Overall Period of Employment

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Liability Handbook

  • Ch 16 Accidental Injuries
    • 16.1 Relating Injuries to Employment
      • 16.1.1 'Arose out of or in the course of' employment
      • 16.1.2 SRCA is a 'no-fault' Worker's Compensation Act
      • 16.1.3 Where the injury is an uncaused medical event whilst on duty
    • 16.2 Summary - Accidental Injury at Work or Travel
    • 16.3 Date of Injury
    • 16.4 Injury at Work
    • 16.5 At the Place of Employment AND 'on duty'
    • 16.6 Ordinary Recesses and Temporary Absences
      • 16.6.1 Ordinary recess
      • 16.6.2 Leaving the place of work during work time
      • 16.6.3 History of this provision
    • 16.7 Members 'living-in' (i.e. in Barracks or a Mess) - SRCA
    • 16.8 Members 'living in' i.e. on Base - 1971 Act
      • 16.8.1 Travel to work -1971 Act
      • 16.8.2 After hours travel while occupying employers accommodation - 1971 Act
    • 16.9 Attendance at Mess etc. for Compulsory Functions
    • 16.10 Interval in an Overall Period of Employment
      • 16.10.1 Growth of doctrine from 'ordinary recess'
      • 16.10.2 Case law and explanation
      • 16.10.3 Summary and principles for Delegates
  • Ch 1 Overview
    • 1.1 Defcare Liability Module
    • 1.2 Determinations of Liability
  • Ch 2 Initial Liability
    • 2.1 Liability
    • 2.2 No Payment of Benefits without Liability
      • 2.2.1 Illegality of pre-liability payments
      • 2.2.2 Pre-liability investigation of anticipated benefits
      • 2.2.3 Pre-liability negotiations re rehabilitation
      • 2.2.4 Pre- and non-liability rehabilitation via TMS
    • 2.3 Investigating Liability - Principles
      • 2.3.1 What is to be investigated?
      • 2.3.2 Conduct of Delegates
      • 2.3.3 Nature of the evidence
      • 2.3.4 Evidence must support liability to pay compensation
      • 2.3.5 Delegates' powers of enquiry
      • 2.3.6 Standard of proof
      • 2.3.7 The discretion of Delegates
      • 2.3.8 Reversal of liability
    • 2.4 Liaison with Client's Lawyer or Representative
      • 2.4.1 Procedure for client contacts where the client is represented
      • 2.4.2 Procedure where represented client initiates contact with RCG
    • 2.5 Priorities for Actioning Compensation Claims
      • 2.5.1 Timely Approach to Claims Processing
      • 2.5.2 Guiding Principles
      • 2.5.3 Processes for Defence Requested Priority Cases
  • Ch 3 Determinations of Liability
    • 3.1 Nature and Content of Determinations of Liability
    • 3.2 Natural Justice Considerations and Prior Warning of Adverse Decisions
    • 3.3 Timeliness of Determinations
  • Ch 4 Defcare Liability Module
    • 4.1 General Use of the Liability Module
    • 4.2 Use of the Liability Module is Compulsory in all SRCA Cases
      • 4.2.1 Where the Delegate is not satisfied with the Defcare recommendation
  • Ch 5 Notice of Injury and Claims for Compensation
    • 5.1 Notice and Claim Requirements
  • Ch 6 Claims for Compensation
    • 6.1 Lodgement of Claims
      • 6.1.1 Claims to be served on MRCC not Comcare
      • 6.1.2 Serving members should lodge through ADF channels
    • 6.2 Disclosure of Information
      • 6.2.1 Privacy Act and the Department of Defence
      • 6.2.2 Exception - Release of information on public safety grounds
    • 6.3 Claim Format
      • 6.3.1 Liability claims must be in writing - Subsequent claims for benefits can be verbal or written
      • 6.3.2 Electronic lodgement of claims constitutes a claim in writing
      • 6.3.3 Where claimant incapable or otherwise prevented from completing a claim
      • 6.3.4 Where a representative signs although the client is not prevented from signing
      • 6.3.5 Procedure on receipt of an unsigned claim
      • 6.3.6 Claims lodged under one Act incorrectly and subsequently determined under another Act
        • 6.3.6.1 Cross-Act Authority Form
        • 6.3.6.2 Use of old versions of SRCA, VEA, and MRCA claim forms
      • 6.3.7 'Substantial compliance' with the claim form
      • 6.3.8 Rejection and/or correction of 'non compliant' claims
    • 6.4 Claims Made after the Death of the Claimant
    • 6.5 Claim to be Accompanied by a Medical Certificate
      • 6.5.1 The requirement for a medical certificate under S54, SRCA
      • 6.5.2 Interpretation - Duty of the client to provide medical evidence
      • 6.5.3 Full-time serving and discharged ADF claimants
      • 6.5.4 Reserves claimants
    • 6.6 Duplicate Claims
      • 6.6.1 Successive claims for the same condition
      • 6.6.2 Same injury presented with different diagnosis is not a new claim
      • 6.6.3 Previously determined claims where new evidence is asserted
    • 6.7 Multiple Claims and Multiple and 'Subsequent' Injuries
      • 6.7.1 Separate claim for each separate incident causing injury
      • 6.7.2 Single claim for single incident with multiple injuries
      • 6.7.3 Injury and 'sequelae' to be administered under the same file reference
    • 6.8 Reviving Old Inactive Claims
      • 6.8.1 Duplicate applications for old or forgotten claims
      • 6.8.2 Old claims may not be registered on Defcare
      • 6.8.3 Procedure on receipt of pre-1993 claim
    • 6.9 Registration of New Claims
      • 6.9.1 Defcare registration
      • 6.9.2 Raising document folders via TRIM
      • 6.9.3 DVA work measurement and Time Taken To Process (TTTP)
      • 6.9.4 Acknowledgment of claims
    • 6.10 Transferring Compensation Claims Between Locations
      • 6.10.1 Policy
      • 6.10.2 Procedures to be followed
      • 6.10.3 Transferring a claim on Defcare
      • 6.10.4 Archived Files
    • 6.11 RCG Special Claims Procedures
      • 6.11.1 Serving Members Posted Overseas
      • 6.11.2 Clients leaving Australia to take up permanent residence overseas
      • 6.11.3 New claims by persons who live overseas
    • 6.12 Claims with a Potential Conflict of Interest
      • 6.12.1 Background:
      • 6.12.2 Potential Conflict of Interest types
      • 6.12.3 Claims by DVA Staff who are also clients or potential clients of DVA
      • 6.12.4 Claims by Family Members of DVA Staff
      • 6.12.5 Claimant known to a staff member
      • 6.12.6 Other possible Conflict of interest, actual or apparent
    • 6.13 Withdrawal of a Claim for Compensation
      • 6.13.1 Policy
      • 6.13.2 Prior to actual receipt of a claim form by the Location
      • 6.13.3 After receipt by the Location but before a file has been raised and details have been entered into Defcare
      • 6.13.4 After receipt by the Location but priorand after claim details have been recorded to recording the claim details on DEFCARE
      • 6.13.5 After receipt by the Location and after recording the claim details on DEFCARE
      • 6.13.6 Prior to a determination being made
      • 6.13.7 After a Determination has been made
    • 6.14 Claims for Compensation - 1971 Act
      • 6.14.1 1971 Act (on and after 1 July 1986)
      • 6.14.2 1971 Act (before 1 July 1986)
    • 6.15 Claims for Compensation - 1930 Act
      • 6.15.1 Claim and notice provisions - S16, 1930 Act
      • 6.15.2 Deemed acceptance of a late claim - S16(1)(ii), 1930 Act
  • Ch 7 Notice of Injury
    • 7.1 Notice of Injury - SRCA 1988
      • 7.1.1 Provisions of the SRCA 1988
      • 7.1.2 Exceptions to the requirements of S53(1)
      • 7.1.3 A claim form can constitute a notice
      • 7.1.4 Notice of injury must be in writing
      • 7.1.5 Exceptions to the prohibition of oral notices of injury
      • 7.1.6 Notices in cases of diseases of long latency
      • 7.1.7 Interpretation - 'as soon as practicable'
      • 7.1.8 Interpretation - 'prejudice'
      • 7.1.9 Interpretation - 'death, or absence from Australia, of a person'
      • 7.1.10 Interpretation - 'from ignorance, from a mistake, or from any other reasonable cause'
      • 7.1.11 Discussion - When does S53(1) apply?
    • 7.2 Notice of Injury - 1971 Act
    • 7.3 Notice of Injury - 1930 Act
      • 7.3.1 Notice Requirements - S16, 1930 Act
      • 7.3.2 Prejudice
      • 7.3.3 Mistake, Absence from Australia or Other Reasonable Cause - 1930 Act
  • Ch 8 Coverage Of The Legislation
    • 8.1 Employees
      • 8.1.1 Who is an employee for RCG purposes?
      • 8.1.2 RCG powers under Part XI of the SRCA
      • 8.1.3 Coverage of Cadet Corps
      • 8.1.4 Coverage of war artists and entertainers - s5(6)
      • 8.1.5 Coverage of miscellaneous Defence associates - S5(3)
      • 8.1.6 Coverage of those attending Defence premises intending to enlist
      • 8.1.7 Coverage of persons invited to attend PR camps, demonstrations etc
    • 8.2 Liability under Repealed Act(s)
      • 8.2.1 Injuries under former Acts have coverage
      • 8.2.2 Summary - 1971 and 1930 Acts
      • 8.2.3 Criteria for acceptance under previous Acts
      • 8.2.4 Procedures for injuries originating prior to 1 January 1949 and 'Act of Grace'
    • 8.3 Coverage by Type of Service
      • 8.3.1 Significance of service type
      • 8.3.2 What types of service are there?
      • 8.3.3 SRCA coverage of peacetime, hazardous and peacekeeping service
      • 8.3.4 SRCA coverage of operational service
      • 8.3.5 SRCA - Operational coverage pre and post 7 April 1994
      • 8.3.6 Declared periods of operational service
      • 8.3.7 Delegates to be satisfied re operational service
      • 8.3.8 Delegates to access ADF member's Service Personnel records
    • 8.4 Dual Coverage by VEA and SRCA
      • 8.4.1 Table illustrating joint and sole coverage
      • 8.4.2 Advice to clients re VEA entitlements and dual entitlements
      • 8.4.3 Coverage under MRCA, SRCA and VEA
  • Ch 9 Defining the 'Injury'
    • 9.1 What Consequences of Employment are Compensable?
      • 9.1.1 Diagnosable medical conditions
      • 9.1.2 Property
      • 9.1.3 Property under former Acts
    • 9.2 Need for Clear and Accurate Diagnosis
      • 9.2.1 Examples of inadequate description
      • 9.2.2 ICD Codes
      • 9.2.3 Diagnosis for full-time members (whether current or discharged)
      • 9.2.4 Access to service medical documents and responsibility for retrieval
      • 9.2.5 Delegates to retrieve and audit all documents in contentious cases
      • 9.2.6 Delegate powers to demand medical documents from clients under S58
      • 9.2.7 Delegates rights to examine VEA files on client
      • 9.2.8 Reserves members and medical documentation of injury
      • 9.2.9 Advice to be given to Reserves members re medical evidence
      • 9.2.10 Delegate's discretion/authority to approach Reservist's doctor
      • 9.2.11 Section 58 and Reservists
      • 9.2.12 Medical examination (commissioned by the Delegate)
  • Ch 10 Injury, Disease or Aggravation
    • 10.1 Is the Condition an Injury, a Disease or an Aggravation?
    • 10.2 Changes to the SRCA Injury & Disease Definitions on/after 13 April 2007
    • 10.3 Injury
    • 10.4 Disease - date of effect prior to 13 April 2007 - S4
    • 10.5 Disease - date of effect on/after 13 April 2007 - S5B
    • 10.6 Aggravation
    • 10.7 What are Sequelae (i.e. 'extensions of liability')?
      • 10.7.1 Examples of a sequela
      • 10.7.2 Significance of recognising sequelae ('extending liability')
    • 10.8 Property Damage
  • Ch 11 Medical Opinions and Examinations
    • 11.1 Liability and Pre-Existing Injuries and Predispositions
    • 11.2 Medical Opinions
    • 11.3 The Process of Seeking Medical Opinion
      • 11.3.1 What does a Delegate need to know?
      • 11.3.2 Choosing a doctor to advise the Delegate
      • 11.3.3 Criteria for selecting medical experts
      • 11.3.4 The letter of request for medical examination/opinion
      • 11.3.5 Information to be provided to the medical examiner
      • 11.3.6 Section 57 and the power of Delegates
      • 11.3.7 Section 57 prohibits panels, not repeated examinations ('second opinions')
      • 11.3.8 Suspensions for non-compliance with a S57 direction
      • 11.3.9 Reimbursing costs incurred in travelling to a section 57 Medical Examination
    • 11.4 Unsolicited Medical Opinion Provided by Lawyers etc.
      • 11.4.1 Unsolicited reports not re-imburseable if not useful to the Delegate
      • 11.4.2 Common deficiencies of advocate's reports
      • 11.4.3 Delegates consideration of unsolicited medical advice
    • 11.5 Agreement on Identity of Medical Adviser
      • 11.5.1 Points to consider re: consensus medical adviser - decision integrity
    • 11.6 Interpretation of Medical Opinion
      • 11.6.1 Qualifications of medical practitioners
      • 11.6.2 Content and completeness
      • 11.6.3 Contradictions or logical improbabilities within the report
  • Ch 12 Suspension under S57 (Failure to Attend Medical Examination)
    • 12.1 Suspension of Compensation for Failure to Attend Medical Examination
    • 12.2 Advice to Clients
    • 12.3 Suspensions Activated by Client's Own Actions
    • 12.4 Suspended Clients to be Advised Promptly
    • 12.5 Client to be Offered an Informal Internal Review of 'reasonable excuse'
      • 12.5.1 Nature and conduct of the internal review
    • 12.6 Termination of Suspensions upon Compliance
    • 12.7 Effect of Suspension where Liability yet to be Accepted
  • Ch 13 Status of RMA SOPs for DRCA Purposes
    • 13.1 What are Statements of Principles (SOP)
      • 13.1.1 SOPs not binding in DRCA cases
      • 13.1.2 SOP factors may advise DRCA Delegates
      • 13.1.3 Limitations of SOPs for DRCA purposes
  • Ch 14 Survival of Claims over Time
    • 14.1 Liability Continues Until Ceased by Determination
    • 14.2 Denying Benefits Where There is No Current Entitlement
  • Ch 15 Injury - Nexus with Work
    • 15.1 Separate Requirements - Accidental Injury or Disease
    • 15.2 What does the Varying Nexus mean to the Delegate?
    • 15.3 Conduct of the Investigation
  • Ch 17 Travel Injuries
    • 17.1 Summary - Injury during Specified Travel
      • 17.1.1 SRCA
      • 17.1.2 1971 Act
      • 17.1.3 1930 Act
    • 17.2 The Nature and Limits of 'specified travel' - SRCA
      • 17.2.1 General and provisions of S6(2)
      • 17.2.2 What does 'interrupted travel' mean?
      • 17.2.3 Examples - No interruption of journey
      • 17.2.4 Examples - Interruption of journey
      • 17.2.5 What does 'substantially increased the risk of injury' mean?
      • 17.2.6 Case examples
      • 17.2.7 Compared with a more direct route
    • 17.3 SRCA Provisions by Type of Travel or Destination
      • 17.3.1 Place of work
      • 17.3.2 Place of residence
    • 17.4 Injury Travelling between Work and Residence
      • 17.4.1 Travel during an ordinary recess
    • 17.5 Travelling to and from a Temporary Residence
    • 17.6 Travelling to Employment Related Education
      • 17.6.1 Place of education
      • 17.6.2 Attendance as a condition of employment
      • 17.6.3 Attendance at the request or direction of the employer
      • 17.6.4 Attendance with the approval of the employer
      • 17.6.5 Oral approval for attendance
      • 17.6.6 Ambit of an approval
      • 17.6.7 Example - Approval for attendance outside hours of duty
      • 17.6.8 Attending the library out of hours
      • 17.6.9 Residential courses
      • 17.6.10 Exclusion on education coverage affected by leave without pay (LWOP)
    • 17.7 Travel for Purposes of Compensation Administration
      • 17.7.1 Injury while travelling to the appointment
    • 17.8 Investigation of Travel Claims
  • Ch 18 Sport and Fitness Activities
    • 18.1 ADF and Civilian Sport
      • 18.1.1 The ADF policy on sport
      • 18.1.2 Australian Defence Force Sports Council
      • 18.1.3 CO permission to play civilian sport must conform with DI(G) guidelines
    • 18.2 Other 'After Hours' Fitness Activities
    • 18.3 ADF Sporting Facilities
    • 18.4 Reserve Members and Sport/Fitness
    • 18.5 Adventure Training and Other Sponsored Activities
  • Ch 19 Acts of Violence
    • 19.1 Acts of Violence
      • 19.1.1 What is an 'act of violence'?
      • 19.1.2 Examples of 'acts of violence' which would not otherwise have occurred
      • 19.1.3 Links between violence, the injury and the employment
      • 19.1.4 Case example
      • 19.1.5 - Claims related to sexual and physical abuse
  • Ch 20 Injuries from Medical Treatment
    • 20.1 Unintended Consequences of Medical Treatment
      • 20.1.1 Medical treatment
      • 20.1.2 Paid for by the Commonwealth
      • 20.1.3 Unintended consequence of medical treatment
      • 20.1.4 General examples - Unintended consequence
      • 20.1.5 General examples - Intended consequence
      • 20.1.6 General example - A consequence of the original injury
      • 20.1.7 Injury from post-discharge medical treatment for a compensable condition
      • 20.1.8 Failure to diagnose
      • 20.1.9 Investigation- Delegate's responsibilities
  • Ch 21 Diseases - Nexus with Work
    • 21.1 Distinguishing Disease from Injury
    • 21.2 Date of Disease
      • 21.2.1 First date of medical treatment
      • 21.2.2 Members of the Permanent Forces
      • 21.2.3 Reservists and Cadets
      • 21.2.4 First date of incapacity for work
      • 21.2.5 Date of death
      • 21.2.6 Date of impairment
    • 21.3 Criteria for Acceptance of Liability - Diseases
      • 21.3.1 SRCA - To a Significant Degree
      • 21.3.2 SRCA - Material Contribution
      • 21.3.3 1971 Act
      • 21.3.4 1930 Act
  • Ch 22 Declared Occupational Diseases
    • 22.1 Declared Occupational Diseases - S7(1), SRCA
      • 22.1.1 Specific Diseases Declared under s7(1)
    • 22.2 Declared Occupational Diseases - S29, 1971 Act
    • 22.3 Occupational Diseases under the 1930 Act
    • 22.4 Specific Types of Service
      • 22.4.1 F-111 Deseal/Reseal
      • 22.4.2 ADF British Nuclear Test Participants
      • 22.4.3 Oberon Class Submariners
      • 22.4.4 Navy Personnel Use of 'Jason Pistols' - Beryllium
      • 22.4.5 ADF Firefighters
  • Ch 23 Specific Diseases
    • 23.1 Psychiatric Conditions
      • 23.1.1 Psychiatric assessments and unverified allegations re employment
      • 23.1.2 Post Traumatic Stress Disorder cases
    • 23.2 Injury/Disease from Alleged Sexual Assault or Other Crime
    • 23.4 Chronic Fatigue Syndrome
    • 23.5 Ross River Fever (and Related Diseases)
      • 23.5.1 The nature of insect-vectored and environmental diseases
      • 23.5.2 Is the ADF posting cycle relevant to liability?
      • 23.5.3 Conclusion - Posting to RRF endemic areas not an influence on liability
      • 23.5.4 RRF etc. where in a temporary workplace (i.e. field exercise etc)
    • 23.6 Hearing Loss
  • Ch 24 Aggravations and Sequelae in Disease Cases
    • 24.1 Aggravations and Sequelae on or after 1 July 2004
  • Ch 25 Exclusions From Liability
    • 25.1 Reasonable Disciplinary Action
      • 25.1.1 Injuries Arising from Reasonable Disciplinary Action
      • 25.1.2 What evidence is required to determine this exclusion?
      • 25.1.3 What is 'reasonable disciplinary action'?
      • 25.1.4 Things which may be 'reasonable disciplinary action'
      • 25.1.5 Is counselling disciplinary action?
      • 25.1.6 What does 'reasonable' mean in relation to discipline?
      • 25.1.7 Case examples - Unreasonable action
      • 25.1.8 'A result of'
      • 25.1.9 Case example - Other contributing causes
      • 25.1.10 Where the Client institutes Grievance Procedures against Disciplinary Action
      • 25.1.11 Disciplinary Related Injuries under the 1971 and 1930 Acts
      • 25.1.12 'Reasonable Administrative Action' - Diseases arising on/after 13 April 2007 as a result of Reasonable Administrative Action
    • 25.2 Failure to Obtain Transfer, Promotion or Benefit
      • 25.2.1 Injuries Arising from Failure to Obtain a Transfer, Promotion or Benefit
      • 25.2.2 What is a Failure to Obtain a Promotion, Transfer or Benefit?
      • 25.2.3 'To obtain'
      • 25.2.4 'Benefit'
      • 25.2.5 'A result of'
      • 25.2.6 Flawed process
      • 25.2.7 Case examples - Other contributing factors
      • 25.2.8 Where the Client Institutes Grievance Procedures against the Transfer etc
      • 25.2.9 Failure to Obtain Promotion etc. - 1971 and 1930 Acts
    • 25.3 Self Inflicted Injuries and Suicide
      • 25.3.1 Self Inflicted Injuries and Suicide
      • 25.3.2 The meaning of 'intentionally self inflicted'
      • 25.3.3 Case law: There is no intent where volition is disrupted
      • 25.3.4 The act of suicide alone is not proof of insanity or loss of volition
      • 25.3.5 A condition may be 'self inflicted' even though involving another person
      • 25.3.6 Self Inflicted Injuries under the 1971 and 1930 Acts
    • 25.4 Voluntary and Unreasonable Submission to Greater Risk
      • 25.4.1 Section 6(2) and (3) of the SRCA
      • 25.4.2 Abnormal Risk of Injury
    • 25.5 Voluntary and Unreasonable Submission
      • 25.5.1 Voluntary
      • 25.5.2 Unreasonable
      • 25.5.3 Case examples
  • Ch 26 Serious and Wilful Misconduct
    • 26.1 Serious and Wilful Misconduct - SRCA
      • 26.1.1 Serious and wilful misconduct
      • 26.1.2 Case examples - Whether serious and wilful misconduct
      • 26.1.3 The injury was caused by the misconduct
      • 26.1.4 Example - No causal link
    • 26.2 Serious and Wilful Misconduct - 1971 and 1930 Acts
    • 26.3 Injuries under Influence of Alcohol or Drugs - SRCA
      • 26.3.1 Under the influence of alcohol or a drug
      • 26.3.2 Blood alcohol level of 0.05
      • 26.3.3 The injury was caused by the intoxication
      • 26.3.4 Example - No causal link
      • 26.3.5 Case example - Causal link
    • 26.4 Alcohol Related Injuries - 1971 and 1930 Acts
    • 26.5 Misconduct where Death and 'serious' injury result
      • 26.5.1 Judgement re what constitutes serious
    • 26.6 Diseases from Alcohol Consumption or Illicit Drugs
      • 26.6.1 Discussion - Common errors re employment nexus for alcohol diseases
      • 26.6.2 Alleged peer pressure
      • 26.6.3 Alleged availability and cheapness of alcohol
      • 26.6.4 Self medication
      • 26.6.5 The decision whether or not to drink alcohol or consume illicit drugs is/was always the client's own
      • 26.6.6 Summary
    • 26.7 Smoking
      • 26.7.1 Policy
      • 26.7.2 Investigating and determining claims
      • 26.7.3 Exclusionary factors
      • 26.7.4 Summary
      • 26.7.5 Smoking Questionnaire
  • Ch 27 Pre-Existing Conditions
    • 27.1 Failure to Declare Existing Condition at Recruitment
      • 27.1.1 Exclusion from liability for fraudulent misstatement at recruitment
  • Ch 28 Suspension of Compensation - Failure to Comply
    • 28.1 Section 37(7) suspensions (Rehab)
    • 28.2 S57(2) suspensions (medical exam)
  • Ch 29 Client has Recovered Damages via Common Law
    • 29.1 Actions against the Commonwealth
    • 29.2 Actions against Third Parties
    • 29.3 Legal Actions for Injuries under 1971 and 1930 Acts
    • 29.4 Liability where Award Received under Other Compensation Legislation
  • Ch 30 Appendices
    • Appendix 1 - List of Acronyms and Abbreviations
    • Appendix 2 - Specific Occupational Diseases Declared under s7(1)
      • 2.1 Safety, Rehabilitation and Compensation (Specified Diseases) Notice 2007 (1)
        • 2.2 Specified Diseases and Employment Instrument 2017
    • Appendix 3 - Major and Minor British Nuclear Tests in and around Australia
      • 3.1 Major Tests
      • 3.2 Minor Tests
    • Appendix 4 - Notes from Royal Commission - British Nuclear Test Participants
      • 4.1 Operation Hurricane (detonation on 3 October 1952 at Monte Bello Island, W.A.) :
      • 4.2 Operation Totem (detonations on 15 October 1953 and 27 October 1953 at Emu Field, S.A.) :
      • 4.3 Operation Mosaic (detonations on 16 May 1956 and 19 June 1956 at Monte Bello Island, W.A.) :
      • 4.4 Operations Buffalo and Antler (7 detonations in 1956 and 1957 at Maralinga, S.A.):
    • Appendix 5 - Oberon Class Submarines - Hazard Exposure Profile
      • 5.1 Table Four: Exposure Profile and Quality of Evidence
      • 5.2 Table Five: Exposure Profile (Gases) and Quality of Evidence
  • Ch 31 SRCA (and antecedents) Ready Reference Guide
  • Ch 32 SRCA Decision Making Tree

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While we make every effort to ensure that the information on this site is accurate and up to date we accept no responsibility whether expressed or implied for the accuracy, currency and completeness of the information.

Before relying on the material you should independently check its relevance for your purposes, and obtain any appropriate professional advice.

For reasons of succinctness and presentation, the information provided on this website may be in the form of summaries and generalisations, and may omit detail that could be significant in a particular context, or to particular persons.

Important legislative change

Note that the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) commenced on 12 October 2017.

As a result of this legislative change, the Department is updating its published information, including hardcopy and website content, as well as CLIK. While this process is well underway, it will take some time before all changes are complete. In the meantime, references within CLIK to the Safety, Rehabilitation and Compensation Act 1988 or SRCA should now generally be understood to be references to the new DRCA (with the exception of intended historical references to SRCA). It is important to note that the same provision references (i.e., sections, subsections and paragraphs) from the SRCA have been retained in the DRCA.

We appreciate your patience during this change process.

Accessed: 30 September 2023
URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-16-accidental-injuries