MRCC Delegates (assessors) are expected to meet the following standards when undertaking the determination of initial liability or assessment of an amount of compensation:
The decision to deny liability for an injury, or deny benefits where there is “no current entitlement” for an injury, disease or aggravation which has previously been accepted as compensable
[1] [5] , is an important decision which may have profound personal consequences for the individual member concerned. For this reason, MRCC staff must be particularly careful to get each adverse decision correct, both in law and in the decision-making process used.
MRCC staff must appreciate that a balance of interests are involved:
Some of these considerations are discussed more fully below.
Prior to Australian Postal Corporation v Oudyn [2003] FCA 318 such decisions where referred to as “Ceasing Effects”
[1] (go back) [6]The SRC Act provides compensation benefits for injuries suffered by members of the Defence Force which are caused or contributed to in a material degree by their military service. It is an important responsibility of MRCC staff to ensure that this fundamental element of the Military Compensation Scheme is maintained, and, as an inevitable consequence of this responsibility, some claims by members must be denied because they lack the necessary employment nexus or for other good reasons under the Act. The importance of this responsibility is illustrated by a number of considerations:
Section 61(1) of the SRC Act requires MRCC, as soon as practicable after a Determination has been made, to give a claimant a notice in writing setting out:
Section 38 imposes a similar requirement in relation to rehabilitation determinations.
This requirement to give notice of the right to request reconsideration is particularly important in cases where liability has been denied or ceased.
For more information see [Part 8 – 10.1].
Links
[1] https://clik.dva.gov.au/user/login?destination=node/19524%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/19538%23comment-form
[3] https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/general-handbook/ch-25-privacy/251-surveillance-guidelines
[4] https://clik.dva.gov.au/user/login?destination=node/19539%23comment-form
[5] https://clik.dva.gov.au/book/export/html/19524#tgt-msrca_gen_hbk_ftn2
[6] https://clik.dva.gov.au/book/export/html/19524#ref-msrca_gen_hbk_ftn2
[7] https://clik.dva.gov.au/user/login?destination=node/19568%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=node/19581%23comment-form