Military Rehabilitation and Compensation Act 2004

The Commission accepts liability for an injury, disease or death under this Part.

The Commission must accept liability if a claim for acceptance of liability has been made under section 319, the injury, disease or death is a service injury, disease or death, and none of the exclusions in Part 4 apply. The Commission is taken to have accepted liability for an injury or disease, and the injury or disease is taken to be a service injury or disease, if liability for the injury or disease has previously been accepted under the DRCA or VEA.

There are 2 standards of proof that the Commission applies in deciding matters under this Chapter (and the rest of the Act), unless the presumption in subsection 27A(1) or (2) (that certain injuries and diseases are attributable to defence service) is relied on to make the decision.

The more beneficial standard of proof (in subsections 335(1) and (2)) applies to some claims that an injury, disease or death is a service injury, disease or death that relates to warlike or non‑warlike service. The other standard of proof (in subsection 335(3)) applies to most other decisions under this Chapter.

For some claims for acceptance of liability for an injury, disease or death the standard of proof can only be met if the injury or disease, or the cause of death, is covered by a Statement of Principles (see sections 338 and 339). (Chapter 7 has more rules about the Statements of Principles.)

A Statement of Principles is an instrument made under Chapter 9A. The Statement sets out all factors related to defence service that have been found to cause specific injuries, diseases and deaths.

For other claims for acceptance of liability, the Statements of Principles are not relevant.