Delegates should decide the matter on the facts, given all the evidence available.  For instance, in the case of a motor vehicle accident, the Delegate should consider:

  • the content and meaning of the police accident report or any other report;
  • the medical report relating to the injury;
  • the ADF report of injury;
  • the time of day;
  • the stated destination;
  • the stated purpose;
  • the route being followed by the member;
  • any substantial breaks in the journey;
  • whether the member had consumed alcohol or a drug;
  • any other serious and wilful misconduct impacting on the accident; and
  • whether the member has recovered damages from another party.