26.7.3 Exclusionary factors

Section 36 of the MRCA precludes the admission of liability under that Act for smoking-related diseases, in relation to periods of service on and after 1 July 2004.  This does not preclude smoking-related conditions being accepted under the DRCA with a date of injury on or after 1 July 2004.

If the disease caused by the smoking has been contributed to in a material degree by employment occurring on or after 1 July 04 or before and on or after that date, SRCA does not apply and the MRCA exclusion will apply.