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25.1.11 Disciplinary Related Injuries under the 1971 and 1930 Acts


Neither the 1971 nor the 1930 Acts themselves, contain specific provisions to actively exclude injuries arising from reasonable disciplinary action.

However, for RCG purposes it is reasonable to so exclude new claims made during the currency of this Act (i.e. the SRCA) where the alleged injury is a disciplinary-caused illness contracted under an earlier Act.

Delegates should note that the SRCA is the only Act which is current, and the 'discipline' exclusion is contained within the S5A(1) definition of 'injury' for the purposes of that Act.

Subsequently, S124(1A) effects the 'transitional provisions' by allowing certain claims to be made in relation to injuries under former Acts by referring to '... an injury, loss or damage..' which occurred before the commencing day of the SRCA. 'Injury' in this provision of the SRCA, however, is subject to its own definition of that term. Of course, as related above, that definition itself positively excludes disciplinary-related ailments.