If an injury or disease resulted from a person's serious default or wilful act, paragraph 32(1)(a) [2] of the MRCA provides that liability will not be accepted except if the injury or disease results in serious and permanent impairment as discussed below at 3.6.4 [3]. This exclusion does not apply to claims for the acceptance of liability for death; nor to cadets aged under 16 years of age.
The reasonable satisfaction standard of proof applies when determining whether a person's injury or disease resulted from that person's serious default or wilful act.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/19008%23comment-form
[2] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-mrca
[3] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/36-exclusions/364-serious-and-permanent-impairment