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25.1.8 'A result of'


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.