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From September 2017, smoking policy has been updated. The changes are as follows:
The member must have commenced smoking as a result of and during the time of their military service.
Any smoking history of the member both prior to and subsequent to commencing military service is an important consideration, as is the frequency of smoking. In circumstances where the member was a regular smoker prior to commencing military service, scrutiny should be given to the question of why it is claimed that the member’s service had any impact on their smoking. The fact a member smoked prior to service does not in itself preclude a potential liability for a smoking related condition eg. a condition or aggravation of a condition resulting from a service related increase in smoking.
The member must have become so habituated to smoking during their service that the member continued to smoke during and after service
The member’s military service must have had a significant effect on the habituation of the member’s smoking so that the member continued to smoke during and after service or for a sufficient number of years (irrespective of whether this smoking continued after service) for it to be considered that the service related smoking habit had the required connection to the claimed injury or disease.
The smoking was the direct cause of the illness that has been claimed.
There must be medical evidence which establishes the requisite connection between the claimed condition and smoking.
Any claims where the member commenced smoking after 1973 should be denied.
Not included. A member’s commencement of smoking after 1973 ought not be a basis for rejecting liability.
Liability for DRCA smoking-related diseases can only be considered where:
the applicant’s smoking habit can be related to service (caused by or contributed to by service); and
that service-related smoking caused or contributed to the disease or injury that is the subject of the claim; and
a disease manifested itself after 1 September 1971; and
the relevant period of service is between 3 January 1949 and 30 June 2004; and
the member did not continue to serve (and smoke while serving) on and after 1 July 2004.