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3.6.6 Wilful and false representation
Section 34 of the MRCA provides that liability for death, or for an injury sustained or a disease contracted will not be accepted if the person at any time:
- made a wilful and false representation that he or she had not previously suffered from the injury or disease that resulted in death; or
- made a wilful and false representation that he or she had not previously suffered from the claimed injury or disease; and
- the false representation was made in connection with his or her defence service, or proposed defence service.
This does not apply to a cadet under the age of 16 years at the time the wilful and false representation was made.
The Explanatory Memorandum to the MRCA indicates that the following circumstances may constitute a wilful and false representation:
- the denial of the prior existence of an injury or disease;
- a false assertion that an injury or disease existed before service;
- failure to advise the ADF of an injury sustained or a disease contracted while serving;
- a false claim of the existence of that injury or disease.