3.4.13 Medical Event on Duty

The provisions in paragraph 27(da) and paragraph 28(1)(ea) reflect that an event which occurs during a period of recognised duty is sufficient to establish a service connection under the MRCA. Accordingly, timing and duty status are determinative, not medical causation. The key consideration is not whether the condition arose out of the individual’s Defence service but whether it occurred while they were on duty as a Defence member.

Application of the Provisions

In considering whether this head of liability is appropriate to apply to a particular claim, delegates must first confirm that:

The condition being claimed is not a disease; and
The claim is not subject to any of the exclusions set out in Part 4 of the MRCA; and
The event constitutes an acute episode/occurrence rather than one which is gradual or cumulative; and
The member was on duty at the time the injury was sustained (or the death occurred).

Note that periods of service that are treated as being ‘on duty’ under the MRCA may also include authorised training, exercises, or other specified circumstances.

Delegates should take a practical approach to establishing duty status, recognising that precise records may not always be available.

Confirming occurrence of the event

That a medical event simply occurs during a timeframe in which a person was serving in the ADF does not automatically mean a person was on duty – service is not the same as duty. With some limited exceptions, Defence members are not considered on duty 24 hours a day. Whilst members may be subject to Defence discipline, this will not necessarily mean they are on duty. Examination of the circumstances will therefore be necessary to determine duty status at the time of the injury or death, noting that some circumstances will provide a straightforward determination that the claimant was on duty.

Delegates must be satisfied that the medical event occurred during the relevant period of duty. Evidence may include, but is not strictly limited to:

Medical records documenting the event.
Service or incident reports.
Witness accounts or contemporaneous statements.

The absence of complete documentation should not automatically preclude acceptance where that occurrence can be reasonably established by these (or other) means such as:

Nominal Roles
ADO Service Record
Unit, Ship or Squadron Standing Orders
Routine Orders
Instructions and Briefs
DISCON Signal
Sentinel Event Report.

Incomplete or missing records

Where records relating to duty status or the medical event are incomplete, destroyed, or unavailable, delegates should adopt a flexible and practical approach.

Credible personal accounts, witness statements, and contextual information may be used to establish an occurrence during duty.

Adverse inferences must not be drawn solely from gaps in records where those gaps reflect the realities of service or recordkeeping.

Application of the pathway

When the requirements of the medical event on duty pathway are met, delegates must accept liability for the medical event.

They must not:

Require evidence that duties caused of contributed to the event; or
Apply Statements of Principles to assess causation.

Note that if the claim does not meet the criteria for acceptance using these provisions it can still be assessed using the other heads of liability which are set out in paragraphs 27 or 28 of the MRCA.

Other liability pathways

Where ‘on duty’ is not applicable, other heads of liability may apply, such as whether the injury, disease or death arose out of service while being on activity that was required, authorised, expected or encouraged by the ADF.

Delegates should not discount the possibility of standard liability tests potentially being an alternative (and easier) way to support and accept liability rather than ‘on duty’. In the case of needing to seek and wait for confirmation that a claimant was on duty, consideration should also be given to concurrently assessing whether a SoP factor can be met and related to service.

Examples of when Medical Event on Duty would and would not be applicable

A fall, fracture, heart attack or stroke while on duty would constitute an event for the purposes of this provision. Similarly, a death from cancer (in fact, a death from any cause at all) while on duty would come within scope of the provisions. However, acceptance of the cancer which led to the death would require assessment via other liability pathways.

Simon is a full-time serving member in the Navy

HMAS Canberra was in port while on exercise; Simon was on watch and suffered a fall down a ladder, suffering a dislocated knee and broken arm.

On 1 July 2026, he submits an initial liability claim for both the broken arm and the knee dislocation.

Diagnosis of condition and duty status was confirmed by his Defence Medical Record and the incident report.

As part of the Legislation simplification, and new Head of Liability – Medical Event on Duty provision, Simon’s claim would be assessed (and accepted) under this head of liability.

Jason is a full-time serving member in the Navy

HMAS Canberra was in port while on a regional engagement activity; Jason was off the ship on shore leave doing some sightseeing and was involved in a scooter accident.

On 1 July 2026, he submits an initial liability claim for both the head laceration and the knee dislocation that occurred due to the accident.

Diagnosis of condition was confirmed by his Defence Medical Record and subsequent medical reports.

As these injuries did not occur while Jason was ‘on duty’, he would not meet eligibility under Medical Event on Duty. However, other heads of liability may be used to determine if liability can be accepted.

Jenny is a full-time serving member of the Army

In undertaking duties as a motor mechanic, Jenny was overcome with fumes while maintaining a vehicle. She lost consciousness and fell, resulting in a head injury. She later developed a neurological condition because of the exposure. In this case, the event is the loss of consciousness and fall, not the subsequent disease (which would be assessed under other, standard liability provisions). Therefore in this case the head injury could be accepted as a medical event on duty but the neurological condition should be considered under other heads of liability.

A ’medical event on duty’ therefore is the actual injury that occurs on duty, not a causal exposure or event that may later result in a disease.

The following are provided as ‘on duty’ examples:

Circumstance	*Considered on duty? Yes or No.**	Comments
At usual place of service, on duty.	YES	… at all times.
At usual place of service, off duty	NO	… but subject to ‘normal’ liability assessment.
Outside of normal duty hours, but called into work and at work	YES	… at all times.
Travelling to or from work	NO	… but subject to ‘normal’ liability assessment (including travel provisions).
On Leave	NO	… but subject to ‘normal’ liability assessment.
At Home (including when living on base and off duty)	NO	… but see WFH and training items below
While in a Defence correctional facility following charges	NO	… some normal liability assessment (and exclusions) may apply. A member serving a correctional sentence is not considered on duty by ADF.
On an ADF aircraft or vehicle, either as crew or passenger.	YES	… at all times.
On civilian transport, on approved travel	NO	… but subject to ‘normal’ liability assessment.
On ADF-chartered civilian aircraft (eg. en route to deployment)	YES	… at all times.
On exercise/operations, in the field	YES	… at all times.
On call/notice	NO	… but subject to ‘normal’ liability assessment.
On Relief Out of Country Leave (ROCL), out of operational area	NO	… but subject to ‘normal’ liability assessment.
Travelling to/from ROCL	NO	… but subject to ‘normal’ liability assessment.
On an ADF vessel, at sea	YES	… at all times.
On an ADF vessel, moored in port	YES	… if on watch, duty etc. If not, subject to ‘normal’ liability assessment.
A member of an ADF vessel’s crew, ashore on shore leave	NO	… but subject to ‘normal’ liability assessment.
Assigned to Warlike/Non-warlike service, in the defined operational area	YES	… providing the service meets the terms of the relevant Warlike/Non-warlike Service determination.
On training and subject to restricted movements in location, eg. the earlier phases of recruit training	YES	… at all times.
Deployed in place, eg, UAV operator	YES	… at all times while deployed in place.
Working from home, on the basis of agreed arrangements	YES	… only during working hours under the terms of the WFH arrangement. Else, subject to ‘normal’ liability assessment.
Travelling to/from place of duty	NO	… but subject to ‘normal’ liability assessment.
Overseas posting or exchange (peacetime), eg. United Kingdom, United States, New Zealand, Canada	NO	… but subject to ‘normal’ liability assessment, and to the specific circumstances outlined above (where applicable).
Performing ceremonial duties overseas e.g. Gallipoli, Papua New Guinea etc	NO	… but subject to ‘normal’ liability assessment, and to the specific circumstances outlined above (where applicable).
Defence Attache	NO	… but subject to ‘normal’ liability assessment, and to the specific circumstances outlined above (where applicable).
Travelling to/from any of the above circumstances.	NO	… but subject to ‘normal’ liability assessment.
Member dies on duty	YES	Any death (regardless of cause or circumstance) on duty is a service death

Source URL: https://clik.dva.gov.au/node/86922