12.2.1 Liability
Generally, a claim for the acceptance of liability under the MRCA can be made in respect of:
- clinical onset of a condition (see paragraphs 27(a), 27(b), 27(c), 27(e), and subsection 29(1); and
- aggravation of a pre-existing condition (see paragraph 27(d), subsection 29(2), and section 30.
However, changes effective on 1 July 2026 that were introduced by the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) resulted in a ‘single-Act’ model whereby the MRCA applies to all claims for injuries, diseases and deaths from that date, irrespective of whether that service occurred before or after the MRCA commencement date of 1 July 2004.
Consequently, the transitional provisions only remain relevant to claims that were lodged before 1 July 2026 under the former tri‑Act system, ensuring that a person’s entitlements are preserved, that dual payments do not arise, and that other rules relating to aggravations and/or material contribution across multiple Acts are resolved.
Source URL: https://clik.dva.gov.au/node/86813