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Department of Veterans' Affairs CLIK

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  • Ch 3 Liability
  • 3.1 Definitions

3.1 Definitions

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Last amended: 29 March 2012

In this section

  • 3.1.1 Defence service
  • 3.1.2 Declared Member Determinations
  • 3.1.3 Non-Warlike Service Determinations
  • 3.1.4 Warlike Service Determinations
  • 3.1.5 Injury, disease and death
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Ch 3 Liability

  • 3.1 Definitions
    • 3.1.1 Defence service
    • 3.1.2 Declared Member Determinations
    • 3.1.3 Non-Warlike Service Determinations
    • 3.1.4 Warlike Service Determinations
    • 3.1.5 Injury, disease and death
  • 3.0 Overview
  • 3.2 Heads of Liability
    • 3.2.1 Service injury, service disease and service death
    • 3.2.2 'Rendering defence service'
    • 3.2.3 'Occurrence'
    • 3.2.4 'Arose out of or was attributable to service'
    • 3.2.5 'But for changes in the person's environment consequent upon rendering defence service'
    • 3.2.6 Travelling to or from duty
    • 3.2.7 Aggravation
    • 3.2.8 Material contribution
    • 3.2.9 Death from service injury or service disease
    • 3.2.10 Injury, disease or death arising from treatment provided by the Commonwealth
    • 3.2.11 Aggravations of service-related conditions
  • 3.3 The Statements of Principles (SOPs)
    • 3.3.1 Primacy of SOP regime
    • 3.3.2 Background
    • 3.3.3 The role of the RMA
  • 3.4 Investigating a Claim
    • 3.4.1 Parameters of a claim
    • 3.4.2 Considering Liability where trauma occurred prior to 1 July 2004
      • 3.4.2.1 How do the definitions under section 6(1)(d) & section 27 of the MRCA apply to the question of liability under the MRCA
      • 3.4.2.2 Considering initial liability under MRCA for a disease contracted after 1 July 2004, where the applicable SoP factor occurred rendering defence service prior to 30 June 2004
      • 3.4.2.3 Liability under MRCA for ‘consequential conditions’ related to an injury accepted under SRCA or VEA
    • 3.4.3 Establishing a diagnosis
    • 3.4.4 Establishing the clinical onset and/or worsening
      • 3.4.4.1 Onset Considerations
    • 3.4.5 Applying streamlining procedures
      • 3.4.5.2 Sequelae streamlining policy
      • 3.4.5.1 Limited streamlining approach for Barotrauma claims
    • 3.4.6 Propagation and SOPs
    • 3.4.7 Claims related to sexual and physical abuse
      • 3.4.7.1 Understanding the Impacts of Abuse in the Military
      • 3.4.7.2 Understanding Abuse
      • 3.4.7.3 What promotes ongoing abuse in an organisation?
      • 3.4.7.4 Common barriers to disclosing abuse
      • 3.4.7.5 Understanding the impact of abuse
      • 3.4.7.6 How does abuse influence how a survivor may present when contacting DVA?
  • 3.5 Determining a Claim
    • 3.5.1 Assessing the evidence
    • 3.5.2 Applying the correct standard of proof
    • 3.5.3 Reasonable hypothesis (RH) cases
    • 3.5.4 Balance of probabilities (BOP) cases
    • 3.5.5 Relationship to service
    • 3.5.6 Reasons for decision
  • 3.6 Exclusions
    • 3.6.1 Serious default or wilful act
    • 3.6.2 Serious breach of discipline
    • 3.6.3 Intentionally self-inflicted
    • 3.6.4 Serious and permanent impairment
    • 3.6.5 Reasonable and appropriate counselling about performance
    • 3.6.6 Wilful and false representation
    • 3.6.7 Exclusions relating to travel
    • 3.6.8 Exclusion relating to use of tobacco products

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Information provided on this website is prepared by the Department of Veterans’ Affairs (DVA) for general information only and does not provide professional advice on a particular matter. This information reflects policy made by DVA and is used in the assessment of claims. It does not reflect the views or opinions of any other government body or authority.

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For reasons of succinctness and presentation, the information provided on this website may be in the form of summaries and generalisations, and may omit detail that could be significant in a particular context, or to particular persons.

Important legislative change

Note that the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) commenced on 12 October 2017.

As a result of this legislative change, the Department is updating its published information, including hardcopy and website content, as well as CLIK. While this process is well underway, it will take some time before all changes are complete. In the meantime, references within CLIK to the Safety, Rehabilitation and Compensation Act 1988 or SRCA should now generally be understood to be references to the new DRCA (with the exception of intended historical references to SRCA). It is important to note that the same provision references (i.e., sections, subsections and paragraphs) from the SRCA have been retained in the DRCA.

We appreciate your patience during this change process.

Accessed: 3 October 2023
URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions