Under section 36 of the MRCA -
The Commission must not accept liability for:
an injury sustained, or a disease contracted, by a person, or the death of a person; or
an injury or a disease that has been aggravated, or materially contributed to; or
an injury or disease, a sign or symptom of which has been aggravated, or materially contributed to;
if the injury, disease, death, aggravation or material contribution is related to defence service:
- (d) in the case of a person who had not used tobacco products before 1 January 1998—only because the person used tobacco products after 31 December 1997; or
- (e) in the case of a person who had used tobacco products before 1 January 1998—only because the person increased their use of tobacco products after 31 December 1997.
Prior to 1 July 2026, where an injury, disease or death is related to defence service only because of the person's use of tobacco products, section 36 of the MRCA provided that liability will not be accepted.
However, the inclusion of new subsections 36(d) and 36(e) into the MRCA on 1 July 2026 amended the exclusion so that it will only apply if the injury, disease or death is solely related to tobacco use that began or increased after 31 December 1997. Put another way, if the client’s tobacco use commenced or increased after 31 December 1997 the claim cannot be accepted.
If liability can be found on the basis of another factor which connects the injury, disease or death to defence service, Commission is not prevented from accepting liability.
Unlike some of the other exclusions, there are no exceptions to this exclusion. That is, even if the person were to be seriously and permanently impaired as a result of his or her condition, the exclusion can still apply.