3.6.8 Exclusion relating to use of tobacco products

Under section 36 of the MRCA liability cannot be accepted for:

• an injury sustained, or a disease contracted, by a person, or the death of a person; or
• an injury or a disease that has been aggravated, or materially contributed to; or
• an injury or disease, a sign or symptom of which has been aggravated, or materially contributed to;

if the injury, disease, death, aggravation or material contribution is related to defence service only because of the person's use of tobacco products.

Where an injury, disease or death is related to defence service only because of the person's use of tobacco products, section 36 of the MRCA provides that liability will not be accepted.

If liability can be found on the basis of another factor which connects the injury, disease or death to defence service, Commission is not prevented from accepting liability.

Unlike some of the other exclusions, there are no exceptions to this exclusion.  That is, even if the person were to be seriously and permanently impaired as a result of his or her condition, the exclusion can still apply.