VEA ? [2]
An injury [3], disease [3] or death may be accepted as defence-caused if it resulted from an accident that occurred while the member was travelling to a place for the purpose of performing duty or from a place upon having ceased to perform duty.
The journey may be a short trip to or from the member's home or living accommodation or may extend over days depending on the purpose of the journey. The journey commences from the time a person leaves the building in which duty is performed or the time a person leaves their residence. This means that accidents in a person's yard may be covered if the person has taken the first steps of the journey. The journey is not completed until its final destination is reached whether this be a few minutes after commencement or many days such as occurs when service personnel drive interstate for leave.
VEA ? [4]
When establishing whether a journey was for the purpose of duty, the factors to be considered are:
Travelling back to barracks accommodation on a Friday night after going out for recreation was not considered to be travelling 'to a place for the purpose of performing duty' in the case of Hopper (AAT [3] 27 January 1988), as the member was not required on duty until the Monday morning.
Delaying the start of a journey until the Saturday morning and then detouring by a route that added three hours to the journey was not considered to have substantially altered the risk in the case of Alcock (AAT [3] 30 June 1992). But staying at Eildon for many hours so that the rest of the journey occurred after dark was considered to have altered the risk.
VEA ? [5]
If the journey is interrupted by a domestic activity and the accident occurs during that activity, the nature of the risk has been altered.
More ? [6]
A member travels to work by car. They started to drive their car down the drive and then noted that he had left the wheelbarrow full of soil partly across the drive. He got out of the car to move the wheelbarrow and injured his back. In a similar case the Tribunal found that the injury was not related to his defence service as he had interrupted his journey to carry out a domestic task.
Section 8(1) (c) [7] VEA - War-caused death
Section 9(1) (c) [7] VEA - War-caused disease or injury - veterans
Section 70(5) [7] VEA Member of a Peacekeeping Force
Section 70(5A) [7] VEA Member of the Forces
Section 8(4) [7] VEA - War-caused death - veterans
Section 9(5) [7] VEA - War-caused injuries or diseases - veterans
Section 70(8) [7] VEA Eligibility for pension for Members of Defence Force or Peacekeeping Force
Section 8(4) (c) [7] VEA - War-caused deaths - veterans
Section 9(5) (c) [7] VEA - War-caused injuries or diseases - veterans
Section 70(8) (c) [7] VEA Members of Defence Force or Peacekeeping Force
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
According to subsection 5D(1), disease means:
but does not include:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
Administrative Appeals Tribunal.
Administrative Appeals Tribunal.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/15971%23comment-form
[2] https://clik.dva.gov.au/book/export/html/15971#tgt-cspol_part4_ftn91
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/15971#tgt-cspol_part4_ftn92
[5] https://clik.dva.gov.au/book/export/html/15971#tgt-cspol_part4_ftn93
[6] https://clik.dva.gov.au/book/export/html/15971#tgt-cspol_part4_ftn94
[7] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[8] https://clik.dva.gov.au/book/export/html/15971#ref-cspol_part4_ftn91
[9] https://clik.dva.gov.au/book/export/html/15971#ref-cspol_part4_ftn92
[10] https://clik.dva.gov.au/book/export/html/15971#ref-cspol_part4_ftn93
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-4-disability-compensation-eligibility/44-causal-connection-injury-or-disease-service/446-injuries-occurring-during-domestic-activities-or-live-accommodation
[12] https://clik.dva.gov.au/book/export/html/15971#ref-cspol_part4_ftn94