Ch 3 Liability

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability

Last amended

3.0 Overview

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/30-overview

Last amended

3.1 Definitions

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions

3.1.1 Defence service

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/311-defence-service

3.1.2 Declared Member Determinations

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/312-declared-member-determinations

3.1.3 Non-Warlike Service Determinations

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/313-non-warlike-service-determinations

3.1.4 Warlike Service Determinations

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/314-warlike-service-determinations

3.1.5 Injury, disease and death

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/315-injury-disease-and-death

3.2 Heads of Liability

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability

3.2.1 Service injury, service disease and service death

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/321-service-injury-service-disease-and-service-death

3.2.2 'Rendering defence service'

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/322-rendering-defence-service

3.2.2.A Use of Combined Oral Contraceptive Pill

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/322-rendering-defence-service/322a-use-combined-oral-contraceptive-pill

3.2.3 'Occurrence'

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/323-occurrence

3.2.4 'Arose out of or was attributable to service'

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/324-arose-out-or-was-attributable-service

3.2.5 'But for changes in the person's environment consequent upon rendering defence service'

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/325-changes-persons-environment-consequent-upon-rendering-defence-service

3.2.6 Travelling to or from duty

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/326-travelling-or-duty

3.2.7 Aggravation

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/327-aggravation

Last amended

3.2.8 Material contribution

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/328-material-contribution

Last amended

3.2.9 Death from service injury or service disease

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/329-death-service-injury-or-service-disease

Last amended

3.2.10 Injury, disease or death arising from treatment provided by the Commonwealth

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/3210-injury-disease-or-death-arising-treatment-provided-commonwealth

3.2.11 Aggravations of service-related conditions

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/32-heads-liability/3211-aggravations-service-related-conditions

3.3 The Statements of Principles (SOPs)

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/33-statements-principles-sops

3.3.1 Primacy of SOP regime

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/33-statements-principles-sops/331-primacy-sop-regime

3.3.2 Background

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/33-statements-principles-sops/332-background

3.3.3 The role of the RMA

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/33-statements-principles-sops/333-role-rma

3.4 Investigating a Claim

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim

3.4.1 Parameters of a claim

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/341-parameters-claim

3.4.2 Considering Liability where trauma occurred prior to 1 July 2004

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/342-considering-liability-where-trauma-occurred-prior-1-july-2004

3.4.2.1 How do the definitions under section 6(1)(d) & section 27 of the MRCA apply to the question of liability under the MRCA

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/342-considering-liability-where-trauma-occurred-prior-1-july-2004/3421-how-do-definitions-under-section-61d-section-27-mrca-apply-question

3.4.2.2 Considering initial liability under MRCA for a disease contracted after 1 July 2004, where the applicable SoP factor occurred rendering defence service prior to 30 June 2004

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/342-considering-liability-where-trauma-occurred-prior-1-july-2004/3422-considering-initial-liability-under-mrca-disease-contracted-after-1-july

3.4.2.3 Liability under MRCA for ‘consequential conditions’ related to an injury accepted under SRCA or VEA

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/node/80579

3.4.3 Establishing a diagnosis

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/establishing-diagnosis

3.4.4 Establishing the clinical onset and/or worsening

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/344-establishing-clinical-onset-andor-worsening

3.4.4.1 Onset Considerations

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/344-establishing-clinical-onset-andor-worsening/3441-onset-considerations

3.4.5 Applying streamlining procedures

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/345-applying-streamlining-procedures

Last amended

3.4.5.1 Limited streamlining approach for Barotrauma claims

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/345-applying-streamlining-procedures/3451-limited-streamlining-approach-barotrauma-claims

3.4.5.2 Sequelae streamlining policy

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/345-applying-streamlining-procedures/3452-sequelae-streamlining-policy

3.4.5.3 Physical and Sexual Assault Streamlining Policy

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/node/86652

3.4.6 Propagation and SOPs

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/346-propagation-and-sops

3.4.7 Claims related to sexual and physical abuse

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse

Last amended

3.4.7.1 Understanding the Impacts of Abuse in the Military

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3471-understanding-impacts-abuse-military

Last amended

3.4.7.2 Understanding Abuse

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3472-understanding-abuse

Last amended

3.4.7.3 What promotes ongoing abuse in an organisation?

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3473-what-promotes-ongoing-abuse-organisation

Last amended

3.4.7.4 Common barriers to disclosing abuse

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3474-common-barriers-disclosing-abuse

Last amended

3.4.7.5 Understanding the impact of abuse

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3475-understanding-impact-abuse

Last amended

3.4.7.6 How does abuse influence how a survivor may present when contacting DVA?

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3476-how-does-abuse-influence-how-survivor-may-present-when-contacting-dva

Last amended

3.4.7.7 Off duty and/or off base abuse

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/347-claims-related-sexual-and-physical-abuse/3477-duty-andor-base-abuse

3.4.8 Specific pieces of evidence

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/348-specific-pieces-evidence

3.4.8.1 RtAPS and POPS

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/348-specific-pieces-evidence/3481-rtaps-and-pops

3.4.9 Spinal Cord Injury Prioritisation Approach

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/349-spinal-cord-injury-prioritisation-approach

3.4.9.1 Spinal Cord Injury Manifestations and Sequelae Guide (SCI Guide)

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/349-spinal-cord-injury-prioritisation-approach/3491-spinal-cord-injury-manifestations-and-sequelae-guide-sci-guide

3.4.10 Post-service physical injury guideline

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/3410-post-service-physical-injury-guideline

3.4.11 Remote effects (drone) operators guidance

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/3411-remote-effects-drone-operators-guidance

Last amended

3.4.12 Sensitive Activity Operations and Special Operations

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/34-investigating-claim/3412-sensitive-activity-operations-and-special-operations

3.5 Determining a Claim

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim

3.5.1 Assessing the evidence

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim/351-assessing-evidence

3.5.2 Applying the correct standard of proof

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim/352-applying-correct-standard-proof

3.5.3 Reasonable hypothesis (RH) cases

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim/353-reasonable-hypothesis-rh-cases

3.5.4 Balance of probabilities (BOP) cases

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim/354-balance-probabilities-bop-cases

3.5.5 Relationship to service

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim/355-relationship-service

3.5.6 Reasons for decision

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/35-determining-claim/356-reasons-decision

3.6 Exclusions

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions

3.6.1 Serious default or wilful act

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/361-serious-default-or-wilful-act

3.6.2 Serious breach of discipline

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/362-serious-breach-discipline

3.6.3 Intentionally self-inflicted

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/363-intentionally-self-inflicted

3.6.4 Serious and permanent impairment

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/364-serious-and-permanent-impairment

3.6.5 Reasonable and appropriate counselling about performance

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/365-reasonable-and-appropriate-counselling-about-performance

3.6.6 Wilful and false representation

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/366-wilful-and-false-representation

Last amended

3.6.7 Exclusions relating to travel

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/367-exclusions-relating-travel

Last amended

3.6.8 Exclusion relating to use of tobacco products

Note for CLIK Users

Initial Liability is the first step in the compensation process for veterans and/or their families. It establishes whether the Commonwealth is liable for an injury, illness or death. Establishing liability is necessary to access subsequent support services and compensation for the condition under DVA legislation.

All compensation claims lodged from 1 July 2026 will be determined under the Military Rehabilitation and Compensation Act 2004 (MRCA), regardless of service. The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) are being closed to new compensation claims, although Qualifying Service and resultant Gold Card eligibility and income support (i.e. service pension) will remain under the VEA. However, all compensation claims and claims relating to the worsening of conditions made after 1 July 2026 are assessed under the MRCA. 

Claims received prior to 1 July 2026 will continue to be considered under the legislation under which the claim was submitted, as will any review or reconsideration of a claim made before 1 July 2026. 

Importantly, any decisions made under the VEA or the DRCA before 1 July 2026 will not require re-assessment to re-establish liability or compensation entitlements. Effectively, conditions that have been accepted under the DRCA and the VEA will become ‘MRCA conditions’ from 1 July 2026.  Any benefits previously received will be ‘grandfathered’.

Where a claim has previously been rejected, an individual can submit a new claim under the MRCA from 1 July 2026. However, the previously rejected claim’s appeal timeframes must have expired and the new claim must be supported by new/additional evidence, which may include the application of the new Presumptive Liability arrangements (discussed in more detail below). 

Several changes are also being made to improve the operation of the MRCA from 1 July 2026, which are also discussed below. These changes, combined with other changes being made to the broader legislative framework, are designed to reduce complexity of claims for veterans, improve processing times and provide earlier access to treatment and compensation. 

New Head of Liability – Presumptive Liability

Presumptive Liability will allow claims for certain conditions lodged from 1 July 2026 to be accepted, effectively on an ‘automatic’ basis, where there is a formal diagnosis and where relevant criteria are met (unless causation outside service is proven or exclusions under the MRCA apply).

There are components under the Presumptive Liability umbrella, including the following arrangements that operated prior to 1 July 2026:

  • Streamlined/Straight Through Processing
  • Sequela conditions
  • F-111 Deseal/Reseal workers
  • Point Cook Firefighters
  • Firefighter mustering
  • Defence Abuse
  • Occupational Diseases

Conditions and service requirements that are covered under the current instrument (which will be consolidated under the Presumptive Liability banner) include:

  • ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986

  • cancers prescribed for Australian Defence Force firefighters 

  • specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994

  • certain specified diseases and employment exposures

  • other ‘decision-ready’ conditions previously specified under DVA policy.

Importantly, where criteria for presumption are not met, normal assessment of liability will apply so claims will still be assessed and may be accepted through standard liability arrangements.

New Head of Liability - Medical Event on Duty

The inclusion of new subsections 27(da) and 28(1)(ea) in the MRCA will allow for an injury or death to be accepted as a service injury or a service death on the basis that it occurred while the member was ‘on duty’ at the time the incident occurred, regardless of whether or not it resulted from the performance of those duties. 

In such cases, there will be no requirement to assess these claims using the Statements of Principles (SoPs). However, the usual exclusions under the MRCA will still be applicable, including conditions relating to a serious default or wilful act, a serious breach of discipline or a condition that was not declared at enlistment or linked to tobacco use (after 1 January 1998).

Tobacco Use

From 1 July 2026, claims relating to conditions arising from tobacco use prior to 1 January 1998 may be accepted as service-related under the MRCA.

Conditions that relate to service only due to smoking that commenced or increased on or after 1 January 1998 are still excluded and the claim would not be successful.

Claims associated with tobacco use before that date can only be accepted if the smoking habit commenced or increased due to service.

Injuries or Deaths Arising from Treatment

Amendments have been made to the MRCA to clarify issues arising from medical treatment paid for by the Commonwealth (i.e. DVA or Defence) and where an injury, aggravation of a condition or death occurs because of the treatment.

Where the condition being treated is an ‘accepted ‘condition, liability for consequences of that treatment may be accepted. However, where the condition being treated is not one that has been accepted as related to the veteran’s service, then liability may only be accepted for any unintended consequences of the treatment.  This will also include preventative treatment (i.e. the treatment does not need to be for a pre-existing condition).

Application of SoPs at Review

Where the Repatriation Medical Authority amends or updates a SoP while a review of the veteran’s claim is ongoing, changes will ensure that the version of the SoP that is most beneficial to the veteran’s situation can be applied (whether the earlier or amended version) at the review stage.  This means that either the SoP that applied at the time of the primary determination or the new SoP that takes effect during the review may be applied, whichever is most beneficial to the claimant.

Note - Further information in connection with all the above changes will be included in the relevant CLIK chapter or sub-chapter 

Also note that information videos covering the 1 July 2026 legislative reform changes are available via the following link Information Videos

 

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/368-exclusion-relating-use-tobacco-products

Last amended