4.2.1 Restriction on action against the Commonwealth or a potentially liable member
As noted in key points in chapter 4.2, the MRCA provides that an action for damages does not lie against the Commonwealth or potentially liable member in most circumstances. However, the restriction does not apply in the following circumstances:
Common law action relating to non-economic loss suffered by a person with a service injury or disease (see 4.2.2); or
Common law damages pursued by a dependant of a deceased member or former member relating to a service death (see 4.2.3).
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/42-common-law-action-against-commonwealth-or-potentially-liable-member/421-restriction-action-against-commonwealth-or-potentially-liable-member