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Military Compensation SRCA Manuals and Resources Library
Liability Handbook
Ch 27 Pre-Existing Conditions

Ch 27 Pre-Existing Conditions

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In this chapter

27.1 Failure to Declare Existing Condition at Recruitment

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Liability Handbook

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 1 Overview
- 1.1 Defcare Liability Module
- 1.2 Determinations of Liability
Ch 2 Initial Liability
Ch 3 Determinations of Liability
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
Ch 7 Notice of Injury
Ch 8 Coverage Of The Legislation
Ch 9 Defining the 'Injury'
- 9.1 What Consequences of Employment are Compensable?
- 9.2 Need for Clear and Accurate Diagnosis
Ch 10 Injury, Disease or Aggravation
Ch 11 Medical Opinions and Examinations
Ch 12 Suspension under S57 (Failure to Attend Medical Examination)
Ch 13 Status of RMA SOPs for DRCA Purposes
- 13.1 What are Statements of Principles (SOP)
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
Ch 16 Accidental Injuries
Ch 17 Travel Injuries
Ch 18 Sport and Fitness Activities
Ch 19 Acts of Violence
- 19.1 Acts of Violence
Ch 20 Injuries from Medical Treatment
- 20.1 Unintended Consequences of Medical Treatment
Ch 21 Diseases - Nexus with Work
Ch 22 Declared Occupational Diseases
Ch 23 Specific Diseases
Ch 24 Aggravations and Sequelae in Disease Cases
- 24.1 Aggravations and Sequelae on or after 1 July 2004
Ch 25 Exclusions From Liability
Ch 26 Serious and Wilful Misconduct
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
Ch 30 Appendices
Ch 31 SRCA (and antecedents) Ready Reference Guide
Ch 32 SRCA Decision Making Tree

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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: 1 December 2023

URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/liability-handbook/ch-27-pre-existing-conditions