3.4.14.3 Policy intent

The presumptive liability provisions of section 27A were established to streamline access to compensation and treatment by recognising that certain conditions have a well‑established association with military service. For these conditions, it is not necessary for Delegates to determine the precise causal mechanism on an individual basis. Instead, where the relevant diagnosis is confirmed and the prescribed onset and service parameters (where applicable) are met, the MRCA allows liability to be accepted without applying the usual evidentiary standards.

Subsection 27A(3) allows the Commission to prescribe, via written determination, one or more categories of injury or disease and the kinds of defence service to which the presumption applies. Such determinations must be approved by the Minister and made under legislative instrument. As noted above, conditions are prescribed based on known military service exposures and where it is generally accepted that defence service causes or contributes to the conditions. The expectation is therefore that a claim meeting the prescribed criteria should ordinarily be accepted, unless information available clearly establishes a non-service causation and permits the delegate to establish a contrary finding or where an exclusion or exceptional circumstance applies.

The instrument may also be updated by the Commission as required, subject to Government approval.

The provisions ensure that common causal pathways associated with military service are recognised and applied consistently, while also reducing the administrative burden for applicants and supporting quicker decision making by Delegates.

A copy of the presumptive liability instrument is available here - Military Rehabilitation and Compensation (Injuries and Diseases Attributable to Defence Service—Presumptive Liability) Determination 2026 - Federal Register of Legislation

Conditions and service requirements covered under the current instrument include:

• ADF firefighters who participated in firefighting training at Royal Australian Air Force Base Point Cook between 1 January 1957 and 31 December 1986.
• cancers prescribed for Australian Defence Force firefighters.
• specified conditions for F-111 Deseal/Reseal workers who were employed at RAAF Base Amberley between 1976 and 1994.
• certain specified diseases and employment exposures.
• other ‘decision-ready’ (streamlining and straight-through-processing) conditions previously specified under DVA policy.