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10.3.3 'examination, test or analysis' - paragraph (e)


A distinction should be made between an examination conducted as part of general medical treatment, and that associated with DVA arranging for an independent medical examination for the purposes of determining initial or continuing liability or a client's degree of permanent impairment. The latter examination is covered by S57 of the Act and is not 'medical treatment'.

Similarly, a medical examination arranged by a client's legal representatives for medico-legal purposes is not 'medical treatment' and would not generally be reimbursed by DVA: Comcare v O'Brien (1997). If the client is successful in an application to the AAT, medico-legal costs may be reimbursed by order of the Tribunal under S67 of the SRC Act.

Note however that, where a client or client's representative obtains a medical report (even if it is obtained for medico-legal or other purposes) which RCG itself uses in processing a claim, RCG will pay or reimburse the cost of that report.