Practitioners acting for Defence Force members who have received statutory compensation under the MRC Act should be aware that claims for intentional torts may survive the s 388 bar insofar as they seek damages not referable to 'service injury' (e.g., damages for deprivation of liberty, affront to bodily integrity, exemplary damages). Additionally, where a claimant has suffered new injuries or deterioration beyond those already compensated, a fresh election under s 389 may be available, and the s 388 bar operates by reference to the particular injury rather than the incident giving rise to it.
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