3.2.12.1 Summary of presumptive categories

For some categories, to be assessed under Presumptive Liability the veteran must have full‑time service. Some categories do not apply to Reserves as the analysis that informs the presumption was for the most part based on full-time service exposures and reserves’ civilian exposures or activities may have contributed to the condition and lessened the likelihood of service being the main or primary cause.

The expectation is that claims for presumptive conditions will be accepted where criteria are met, unless there are exceptional circumstances and clear evidence to prove otherwise. Detailed additional investigation to disprove the service connection should not be routinely conducted, but if there is clear and unambiguous evidence of non-service causation present and available this must be considered.  The intent of presumption is that service connection is in most cases established and no further investigation is necessary or should be required unless very unusual circumstances exist.

If a condition is diagnosed and the service and onset criteria are met, a decision to reject a claim should be made only in exceptional circumstances.

The determination made by the Repatriation Commission contains eight parts that specify the injuries/diseases and required service for the separate categories:

• Part 1 - Contains administrative details.

• Part 2 - Injuries and diseases attributable to specified defence service, previously covered under the ‘Decision Ready’ (streamlining and straight-through-processing) policies. 

  • These define specific conditions where analysis of ADF exposures in full-time service or very high claim acceptance rates indicate that a causal connection to the conditions is very likely to occur once service of the relevant type or timeframe has been conducted, provided onset timeframes are met.

• Part 3 - Secondary injuries and diseases attributable to any defence service, previously covered under a policy for sequelae-conditions claims streamlining.

  • It is important to note that the initial or original condition must be present at the time of the onset of the current (secondary) condition that is being claimed. It is not sufficient that the original condition have been accepted by DVA as caused by defence service.

• Part 4 - Injuries and diseases attributable to certain defence service involving abuse, previously covered under a policy for abuse claims streamlining.

  • Claimants must have a specified injury or disease and have received a redress or repatriation scheme payment in relation to abuse in the ADF.

• Part 5 - Diseases attributable to Point Cook firefighting work, previously covered under the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017 for eligible ADF firefighters who participated in firefighting training at Point Cook.

  • Applies to firefighters at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986.

• Part 6 - Diseases attributable to F-111 Deseal/Reseal work, previously covered under a policy for eligible F-111 Deseal/Reseal workers.

  • For the purposes of this Part, F-111 Tier personnel must have been determined to have Tier 1, Tier 2, or Tier 3 status for the purposes of Group 1 participation in the Study of Health Outcomes in Aircraft Maintenance Personnel (SHOAMP) Health Care Scheme administered by the DVA. 
    It is sufficient that Tier status is determined, a person does not need to be accessing health care under the SHOAMP scheme.

  • Further information about Tier definitions- Tier Definitions | CLIK

• Part 7 - Cancers attributable to firefighting work, previously covered under s.7(8) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988, for ADF firefighters.

  • A member is taken to have rendered defence service as a firefighter if firefighting or related service made up a substantial portion of the member’s service.  Relevant timeframes as a firefighter must be met.

• Part 8 - Occupational diseases attributable to specified defence service, previously covered under the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017.

  • Defines particular exposures and types of exposures that may be linked to Defence Service if the type of exposure occurred as part of the member’s duties.

• Part 9 - Occupational asthma attributable to specified defence service, previously covered under the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Diseases and Employment) Instrument 2017.