When lodging a claim under the Military Rehabilitation and Compensation Act 2004 (MRCA), one of the most important elements considered is the “head of liability.” This is a legal term that refers to the basis on which the Department of Veterans’ Affairs (DVA) can accept that an injury, disease or death is related to a person’s defence service.
Each head of liability under MRCA Chapter 3.2 determines how an injury, illness, or death is linked to service. Understanding these definitions can help veterans and their advocates navigate the claims process more confidently.
Here are the key heads of liability accepted by the Department of Veterans’ Affairs (DVA) under the Military Rehabilitation and Compensation Act (MRCA):
Below is a detailed breakdown of these key heads of liability under the MRCA.
3.2.1 Service Injury, Service Disease and Service Death
A service injury, service disease or service death forms the foundation of liability under MRCA. These terms describe injuries, illnesses, or deaths that have a sufficient connection to defence service.
To be accepted, the injury or disease must either arise out of or be attributable to service, or meet one of the other heads of liability described below.
3.2.2 ‘Rendering Defence Service’
This refers to the period when a person is engaged in defence service. Under MRCA, this includes warlike, non-warlike, and peacetime service. The timing and nature of the service is central to determining liability.
If an injury or illness occurs during this time, and can be connected to the duties performed or environment encountered, then it may be accepted as a service-related condition.
3.2.3 ‘Occurrence’
An occurrence is an identifiable event, incident or exposure that leads to an injury or illness. This can be sudden (such as a fall or vehicle accident), or gradual (like repetitive strain injuries or toxic exposure over time).
To meet this head of liability, there needs to be evidence of the occurrence and its impact on the veteran’s health.
3.2.4 ‘Arose Out of or Was Attributable to Service’
This head of liability applies when a condition clearly arose out of service (caused directly by an event or duties in service), or is attributable to service (caused or significantly influenced by circumstances of service).
The distinction is subtle but important. “Arose out of” suggests a direct link, while “attributable to” allows for a broader connection, including environmental or psychological stressors during service.
3.2.5 ‘But For Changes in the Person’s Environment Consequent Upon Rendering Defence Service’
This provision captures situations where the veteran’s environment changed because of service, and that change led to the condition.
For example, a person transferred to a remote post may develop mental health issues due to isolation. “But for” the environmental change caused by service, the condition may not have arisen.
3.2.6 Travelling to or from Duty
This head covers injuries or illnesses sustained while travelling to or from a place of duty, including scheduled movements related to service duties.
For liability to be accepted, there must be a real and substantial connection between the travel and the person’s defence service. Detours or personal errands may break the connection and result in rejection.
3.2.7 Aggravation
Even if a condition existed prior to service, if it was permanently worsened due to defence service, it may be accepted under this head.
Aggravation claims need to show that:
- The condition pre-existed service,
- It was aggravated during service,
- The worsening was not temporary, and
- There is medical evidence supporting the aggravation.
3.2.8 Material Contribution
This refers to circumstances where service contributed to the development of a condition, even if it wasn’t the sole cause. The contribution must be more than negligible.
This is often used in claims involving cumulative exposure (e.g., noise-induced hearing loss) or multifactorial conditions like PTSD.
3.2.9 Death from Service Injury or Service Disease
If a veteran dies as a result of an accepted service injury or service disease, DVA can accept liability for service death. Evidence must show that:
- The death was caused, or materially contributed to, by the accepted condition,
- The condition was service-related under MRCA.
This head also allows surviving dependents to access entitlements under MRCA, such as compensation payments and funeral benefits.
3.2.10 Injury, Disease or Death Arising from Treatment Provided by the Commonwealth
If a veteran suffers further injury or illness (or dies) due to treatment provided for a service-related condition, DVA may still accept liability. This includes side effects or complications from medical procedures or medications funded by the Commonwealth.
The injury or death must be a foreseeable consequence of the treatment.
3.2.11 Aggravations of Service-Related Conditions
This covers situations where a condition already accepted as service-related is made worse due to further service. For example, a veteran with an accepted back injury who reinjures it during a new posting may be entitled to additional compensation.
The key factor here is the causal link between the aggravation and further service activities.
Final Thoughts: Why Understanding Heads of Liability Matters
Understanding the heads of liability under MRCA can help veterans and their families ensure their DVA claims are supported by the right evidence and submitted under the most appropriate provision. Whether it’s a service injury, a disease that developed over time, or a death related to service, the right head of liability is critical to the acceptance and success of your claim.
If you’re unsure which provision applies to your situation, or how to structure your evidence, consider speaking with a professional DVA claims advocate. Accurate application of these heads of liability can make a significant difference to your outcome.
