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 ha — d not previously suffered from the injury or disease that resulted in death; or
• made a wilful and false representation that he or she ha — d 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.

This does not apply to a cadet 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.