AusMilitary.com Formerly AusSpecialForces.com             
Locations of visitors to this pageAusSpecialForces.com
 Ausmilitary.com: Of this, we are certain.   Home •  Blogs  • Pages •  Contact •  Advertising •   Bookmark and Share  •  Become a Supporter ! • RSS feed •  RSS feed  • Facebook page
It is currently Sat May 25, 2013 2:52 am


*** SECURITY NOTICE: You are using the non-encrypted version of the site. Click here to swtich to the SSL-encrypted version. ***



Some gave all. We will remember them.




The Australian | Defence News: Subs need to be doing the damageAustralia may save millions on fighter jet'Minimal negative impact': KarzaiDiggers injured in armoured collisionShipyard job losses 'start of tsunami'ABC News | Just In: British fighter jets scrambled after incident on Pakistan International Airways flightAFL: Adam Goodes racially abused while leading Sydney to Indigenous Round win over CollingwoodWoolwich terrorist attack: British intelligence under pressure over suspects' extremist linksGrowing number of Indigenous deaths in custody alarms Aboriginal leaders.

 
  

All times are UTC + 10 hours




Post new topic Reply to topic  [ 1084 posts ]  Go to page 1, 2, 3, 4, 5 ... 109  Next
Author Message
 Post subject: Help with a medical appeal
PostPosted: Thu Mar 23, 2006 6:26 pm 
Offline
 

Joined: Wed Mar 08, 2006 7:59 pm
Posts: 5
Did anyone appeal their medical examination classification and succeed? Eg.made a class 4 but appealed and became a class 1 or 2. What did you get
a class 4 for and how did go about your appeal?


Top
 Profile  
 
 Post subject:
PostPosted: Thu Mar 23, 2006 7:44 pm 
Offline
 

Joined: Thu Jan 12, 2006 5:47 pm
Posts: 19
Location: Outer eastern suburbs of Melbourne
I have a mate who was looking at the Defence Forces and was made Class 4 (i think) due to a heart condition. He wrote away to Canberra and the decision to make him Class 4 was over turned and he became a Class 1 and to relate that back to how it helps you.. writing to Canberra is a legitmate option and not just a process that is in place but no one is ever successful in.


Top
 Profile  
 
 Post subject: Appeal process
PostPosted: Mon May 07, 2007 4:53 pm 
Offline
User avatar

Joined: Sun Oct 29, 2006 6:25 pm
Posts: 18
Dear all,

Could someone please lead me in the direction wear to find the relevant information to the appeal process.

DFR are stuffing me around once again in regards to my testing and I have become tiresome of their actions, so if anyone has any information on the appeal process could you please lead me in the right direction.


Top
 Profile  
 
 Post subject:
PostPosted: Mon May 07, 2007 5:11 pm 
Offline
 

Joined: Thu Jan 12, 2006 11:35 am
Posts: 42
I recently had to apply for a medical appeal due to their 12 month waiting period after an injury. I passed that and am now awaiting a new assessment day, not sure if this is along the track you are after? whats your situation and i might be able to help.


Top
 Profile  
 
 Post subject:
PostPosted: Mon May 07, 2007 5:19 pm 
Offline
Moderator
User avatar

Joined: Sat Aug 07, 2004 6:33 pm
Posts: 1583
Location: At base of tree
I might have to do an appeal myself, depending on the wait they give me (five weeks until I'm good and the doc writes them a report). What sort of stuff did you send to get them to change their minds and how long did it take?


Top
 Profile  
 
 Post subject:
PostPosted: Mon May 07, 2007 6:03 pm 
Offline
User avatar

Joined: Sun Oct 29, 2006 6:25 pm
Posts: 18
Mine was to do with the 12 month wait on re-doing my sepcialist testing for AEA, was there a series of steps outlined some were you have to follow?


Top
 Profile  
 
 Post subject:
PostPosted: Mon May 07, 2007 9:42 pm 
Offline
 

Joined: Thu Jan 12, 2006 11:35 am
Posts: 42
mine was a 12 month wait on a shoulder reco, after chasing them for ages they told me that i had to send all my reports with letters from the relevant people to the medical section. They then organised for me to go see another surgeon who gave me the 100%, then just filled out a new medical history questionaire and hopefully have an assessment date in the mail early this week. Toke me 15 phone calls to get onto someone who knew how to help me but will all be worth it if i can cut 3-6 months off my wait.


Top
 Profile  
 
 Post subject:
PostPosted: Tue May 08, 2007 4:07 pm 
Offline
User avatar

Joined: Mon Oct 02, 2006 4:42 pm
Posts: 91
If you are really serious about challenging the decsion that's been made in relation to yourself then you could always go straight to the Administrative Decisions (Judicial Review) Act (Cth) 1975 and seek to have your matter dealt with in the Federal Court.
Heres a possible relevant section:

Section 5
Applications for review of decisions
(1) A person who is aggrieved by a decision to which this Act applies that is made after the commencement of this Act may apply to the Federal Court or the Federal Magistrates Court for an order of review in respect of the decision on any one or more of the following grounds:
(a) that a breach of the rules of natural justice occurred in connection with the making of the decision;
(b) that procedures that were required by law to be observed in connection with the making of the decision were not observed;
(c) that the person who purported to make the decision did not have jurisdiction to make the decision;
(d) that the decision was not authorized by the enactment in pursuance of which it was purported to be made;
(e) that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made;
(f) that the decision involved an error of law, whether or not the error appears on the record of the decision;
(g) that the decision was induced or affected by fraud;
(h) that there was no evidence or other material to justify the making of the decision;
(j) that the decision was otherwise contrary to law.

(2) The reference in paragraph (1)(e) to an improper exercise of a power shall be construed as including a reference to:
(a) taking an irrelevant consideration into account in the exercise of a power;
(b) failing to take a relevant consideration into account in the exercise of a power;
(c) an exercise of a power for a purpose other than a purpose for which the power is conferred;
(d) an exercise of a discretionary power in bad faith;
(e) an exercise of a personal discretionary power at the direction or behest of another person;
(f) an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case;
(g) an exercise of a power that is so unreasonable that no reasonable person could have so exercised the power;
(h) an exercise of a power in such a way that the result of the exercise of the power is uncertain; and
(j) any other exercise of a power in a way that constitutes abuse of the power.

(3) The ground specified in paragraph (1)(h) shall not be taken to be made out unless:
(a) the person who made the decision was required by law to reach that decision only if a particular matter was established, and there was no evidence or other material (including facts of which he or she was entitled to take notice) from which he or she could reasonably be satisfied that the matter was established; or
(b) the person who made the decision based the decision on the existence of a particular fact, and that fact did not exist.







Alternatively, you could just go to a lawyer and ask them how you might go about challenging the decision that has been made. Let them do the hard work, that's what they are good at.


Top
 Profile  
 
 Post subject:
PostPosted: Wed May 09, 2007 3:55 pm 
Offline
 

Joined: Thu Jan 12, 2006 11:35 am
Posts: 42
or just use the process in place which is the medical appeal and with evidence from the relevant people get your approval. Got my assessment day on the 21st doing just this.


Top
 Profile  
 
 Post subject:
PostPosted: Fri May 18, 2007 1:38 pm 
Offline
 

Joined: Thu Dec 28, 2006 4:26 am
Posts: 22
Like Bonesy said.

Just hand in/post a letter saying that you are now capable and healthy or whatever, then make sure to attach the relevant documents as proof: medical certificates, eye tests or whatever you need to prove it.

For weight related issues like I encountered, I just typed up a letter saying that I was at the required weight and listed some monthly weight milestones and they accepted that. I also had to submit an appeal for my eyes.

I thought all of this would of been mentioned by the Medical Officer at the time? At least it was for me.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1084 posts ]  Go to page 1, 2, 3, 4, 5 ... 109  Next

 

All times are UTC + 10 hours


Who is online

Users browsing this forum: zGoogle1 [Bot] and 5 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Brotherhood never was like it;
Friendship is not the word;
But deep in that body of marching men
The soul of a nation stirred.

-- A.B. "Banjo" Patterson,
    'Australia Today', 1916


AusMilitary.com is Australia's leading military discussion forum. Originally formed back in 2004 as AusSpecialForces.com as a forum for, by, and about the Australian Special Forces, the forum has since widened it's scope to include all members and branches of the ADF as well as our honoured guests and allies from overseas. Despite some sections being open to the public, the forum still enjoys the membership and advice of respected members of the Special Forces and Special Operations Forces both local and international, as well as those from elite specialities in the conventional forces. From recruit training right up to SF selection tips - if it's frank and honest advice you're after, you'll find it here.

Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group. PrototypeV2 Style © 2008 ShadowFlames Development. Original Design by Frost - Maintained and Modified by Ika