3.6.6 Wilful and false representation

Section 34 of the MRCA provides that liability for death, or for an injury sustained or a disease contracted will not be accepted if the person at any time:

• made a wilful and false representation that he or she had not previously suffered from the injury or disease that resulted in death; or
• made a wilful and false representation that he or she had not previously suffered from the claimed injury or disease; and
• the false representation was made in connection with his or her defence service, or proposed defence service.

 Note this does not apply to a cadet who was under the age of 16 years at the time the wilful and false representation was made.

 The Explanatory Memorandum to the MRCA indicates that the following circumstances may constitute a wilful and false representation:

• the denial of the prior existence of an injury or disease;
• a false assertion that an injury or disease existed before service;
• failure to advise the ADF of an injury sustained or a disease contracted while serving;

a false claim of the existence of that injury or disease.