Deaths in service
This is the most common circumstance, i.e. where there has been a sudden death. Alternatively, an aggressive disease may have caused the death of the member while still serving i.e. whilst still receiving free medical treatment and full ADF salary and thus before he/she found it necessary to claim for compensation.
In such cases, payment of compensation following death must be preceded by a full liability investigation and in fact such cases can be regarded as a type of initial liability process for injury or disease. However, for 'new' cases involving death by an injury not previously investigated for liability, it is reasonable to use the D2053 claim form for at least the principal dependant (i.e. usually the partner).
Note that from 1 July 2026, the MRCA was amended to introduce new paragraph 28(1)(ea) to allow for a death to be accepted on the basis that it occurred while the member was ‘on duty’ at the time, regardless of whether or not the death resulted from the performance of those duties. Put another way, the provisions create a ‘temporal’ connection to an individual’s service rather than a ‘causal’ connection where the death occurred while the member was actually on duty. This provision can apply to claims received from 1 July 2026, regardless of the date of death.
Claims for deaths which are considered using the ‘on duty’ provision are not to be assessed by reference to the Statements of Principles (SoPs). Instead, the claims focus on the timing and circumstances of the medical event rather than on medical causation. Application of these provisions is appropriate in all cases where the person was considered on duty at the time of their death. If the death occurred during a period of service but the member was not on duty when the death occurred then normal liability assessments will apply to link the cause of death to service.
Further information on the on duty provision(s) is contained in Chapter 3.4 of the MRCA Policy handbook.
Prior to undertaking a full liability investigation it is necessary to determine whether the person claiming was a dependant of the deceased (e.g. Wife, child etc.) and was economically dependent (or deemed to be so by virtue of living with the member prior to death). If the person claiming is not a dependant within the meaning of the Act, there is no entitlement to compensation that requires further investigation of liability for the death.
Deaths after Discharge
For a compensation payment to be payable in respect of a death that occurs after an individual’s discharge from the ADF, it must be established that the injury or disease which led to the individual’s death arose as a result of their ADF service. That is, the condition which resulted in death must be demonstrated to have satisfied the relevant head of liability, which may involve consideration of whether presumptive liability is applicable to the condition or, if not, through connection through another head of liability via the Statements of Principles (if applicable).
Having established that the certified cause of death had the required nexus with ADF service,the delegate can determine the claim for compensation for the dependant(s). As outlined above, the delegate must first satisfy themselves that the person claiming is a dependant as defined by the Act. If the person claiming is not a dependant then investigation of 'liability' need not occur.