New Presumptive Liability Determination

 

Presumptive Liability Determination - Now Live

The new Military Rehabilitation and Compensation (Injuries and Diseases Attributable to Defence Service - Presumptive Liability) Determination 2026 is now in force, having commenced on 1 July 2026.

This is an important development for veterans, families and advocates. The Determination supports the new presumptive liability arrangements under the Military Rehabilitation and Compensation Act 2004, allowing certain injuries and diseases to be treated as attributable to defence service where the relevant service, diagnosis and timing criteria are met.

The Determination covers a broad range of conditions, including specified musculoskeletal injuries, mental health conditions, hearing-related conditions, occupational diseases, secondary conditions, conditions linked to Defence abuse, and particular diseases associated with Point Cook firefighting work, F-111 deseal/reseal work and firefighting work more generally.

For advocates, this is a significant change to be aware of when assisting with claims made on or after 1 July 2026. It provides a clearer pathway for some claims, but the specific criteria still matter. In many cases, the type of service, length of service, timing of onset and medical diagnosis will remain critical to determining whether presumptive liability applies.

IVA encourages advocates to familiarise themselves with the Determination and consider how it may affect advice and support provided to veterans and families under the reformed MRCA framework.

You can view the determination via the link below or view the DVA CLIK page here: Summary of presumptive categories  

Website: View the Determination