Ch 4 Liabilities Arising Apart from this Act

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act

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4.1 Overview

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/41-overview

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4.2 Common law action against the Commonwealth or a potentially liable member

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

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

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4.2.1 Restriction on action against the Commonwealth or a potentially liable member

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

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

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4.2.2 Action for damages against the Commonwealth or a potentially liable member for non-economic loss

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

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/422-action-damages-against-commonwealth-or-potentially-liable-member-non

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4.2.3 Action for damages related to a service death

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

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/423-action-damages-related-service-death

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4.2.4 Notification of common law actions

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

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/424-notification-common-law-actions

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4.3 Liability of third parties and access to common law actions against a third party

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party

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4.3.1 Notification of third party common law actions

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/431-notification-third-party-common-law-actions

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4.3.2 Entitlements affected by third party common law action

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/432-entitlements-affected-third-party-common-law-action

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4.3.3 MRCC instituting or taking over a common law action against a third party

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/433-mrcc-instituting-or-taking-over-common-law-action-against-third

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4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/43-liability-third-parties-and-access-common-law-actions-against-third-party/434-entitlement-treatment-after-successful-common-law-action-where

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4.4 Payment of damages to the Commonwealth

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/44-payment-damages-commonwealth

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4.5 Summary of the recovery and compensation provisions following a successful common law action

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action

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4.5.1 Where a dependant successfully sues the Commonwealth in respect of a death

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/node/86695

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4.5.2 Where a member sues the Commonwealth or a potentially liable member in respect to non-economic loss related to an injury or disease

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/node/86692

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4.5.3 Where the MRCC takes over or institutes proceedings against a third party

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action/453-where-mrcc-takes-over-or-institutes-proceedings-against

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4.5.4 Where a person or a dependant recovers damages from a third party

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/45-summary-recovery-and-compensation-provisions-following-successful-common-law-action/454-where-person-or-dependant-recovers-damages-third-party

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4.6 Payment of Private Insurance Benefits

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/46-payment-private-insurance-benefits

4.7 Defence Abuse Reparation Scheme payments

Note: The VETS Act made notable changes to the compensation recovery and barring provisions in the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. 

 

For a summary of those key changes, please refer to the Overview in Chapter 4.1 and for further detail, Chapters 4.2 to 4.5 of the ‘Liabilities Arising Apart From this Act’ Policy Manual. 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-4-liabilities-arising-apart-act/47-defence-abuse-reparation-scheme-payments