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6.6.1 Successive claims for the same condition
A successive claim is where a claimant lodges a new claim for a condition that has already been assessed under the same Act. On receipt of a claim, the Delegate should first search Defcare and ISH to ensure the claim for that injury is not being submitted for a second or subsequent time. Where liability for an injury has already been denied, the next step would usually be a request for reconsideration or appeal to the AAT.
A subsequent claim for a previously determined condition that:
- is outside review or appeal timeframes and/or
- has previously been determined on review or at the AAT
should be considered and determined according to its merits.
If no new evidence is provided and nothing has changed, the outcome may be the same. However, it is not sufficient to simply rely on the previous decision. While reference should be made to that previous decision, it is also necessary to consider any changed legislation, policy or new evidence that may have emerged (see also 6.6.3). In either case, a fresh determination needs to be made.
Where the condition has previously been accepted and a duplicate claim for the same condition is received, this should be discussed with the claimant to ascertain whether this is a claim in relation to aggravation or worsening of the accepted condition. If not, it may be suggested the claimant withdraw the claim on the basis that the condition has already been accepted. A determination may need to be made (it is sufficient to advise the condition was previously accepted) if the claimant does not choose to withdraw the claim. Should a claim for the same condition with a different label be made, the same approach applies (see also 6.6.2).
Where a subsequent claim for a previously determined condition is received within the review or appeal timeframes, the claimant should be advised to lodge a request for review or appeal as appropriate.
Where a subsequent claim for a previously determined condition is currently the subject of an active review or appeal a new claim would not be assessed and the claimant should be directed to the appeals team or Litigation Section in Legal Services as appropriate.