3.2.14 'Hierarchy' of Liability Tests

With effect from 1 July 2026, the following hierarchy of claims was introduced for new liability claims under the MRCA. The steps are to guide delegates in their consideration of whether it is appropriate to apply new provisions aimed at facilitating decision-making under the MRCA.

1. Presumptive Liability

These arrangements (prescribed via instrument under authority contained in section 27A of the MRCA), will be the first level of liability investigation. These provisions enable the acceptance of liability for specified injuries and diseases on a ‘presumptive’ basis without needing to establish a causal connection to the person’s defence service. Further guidance on Presumptive Liability processes is contained in Chapter 3.7 of this handbook. If a claim can not be accepted through presumptive liability arrangements, the delegate should consider whether the claim relates to a medical event on duty.

2. Medical event on duty

This new head of liability, set out in paragraph 27(da) and paragraph 28(1)(ea) of the MRCA, provides that an injury or death can 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 the injury or death resulted from the performance of those duties. Information regarding this head of liability is contained in chapter 3.2.12 and chapter 3.4.13 of this handbook.  Where duty status is unclear or medical event on duty is not applicable (e.g. in relation to a disease), the standard liability processes should be considered.

3. Standard Liability Processes

If neither of the above applies, standard liability processes should be used to investigate the claim (which may involve using Statements of Principles to establish a causal connection to service).