The claimed condition must be 'a result of' reasonable disciplinary action taken against the member if the exclusionary provision is to operate. Accordingly, the exclusionary provision does not operate where:

  • reasonable disciplinary action was taken against the member, but this was not connected in any way with the condition later claimed by the member
  • the condition arose from actions undertaken prior to disciplinary action being instituted, or
  • there are other contributing factors which make a more than minimal contribution to the ultimate condition, i.e. the disciplinary action must be the sole or predominant cause of the condition. Note that this is a matter for the judgment of the Delegate after considering all of the facts and evidence in the particular case.