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9.2.6 Delegate powers to demand medical documents from clients under S58


It may also occur that a Delegate becomes aware that a claimant has a medical report or other relevant document in their possession and has chosen not to provide it for consideration. However, S58 gives the Delegate power to demand documents relevant to the claim and which are in the employees possession. Section 58 also refers to documents which the claimant '...may obtain...without unreasonable expense or inconvenience..' In that situation the Delegate may refuse to deal with the claim unless the employee complies within 28 days. It is however rare to invoke S58 in respect to a full-time member of the ADF because the document is usually available from other sources (i.e. ADF Health or DVA's VEA files).

Nevertheless the 'obtain ...without unreasonable expense...' provision of S58 may sometime relevant and of use in Reserve employees cases: See 9.2.10 9.2.12.