Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 2   Single ongoing Act enhancements

Part 3   Presumptive liability

Military Rehabilitation and Compensation Act 2004

132   After section 27

Insert:

27A Presumption that certain injuries and diseases are attributable to defence service

Injuries taken to be attributable to defence service

(1) If:

(a) a person has sustained an injury; and

(b) the injury is of a kind specified in a determination under subsection (3) to be an injury attributable to defence service of a kind specified in the determination; and

(c) the person was, at the time the injury was sustained, a member rendering defence service of that kind;

the injury is, for the purposes of paragraph 27(b), taken to be attributable to defence service rendered by the person while a member, unless the contrary is established.

Diseases taken to be attributable to defence service

(2) If:

(a) a person has contracted a disease; and

(b) the disease is of a kind specified in a determination under subsection (3) to be a disease attributable to defence service of a kind specified in the determination; and

(c) the person was, at any time before the disease was contracted, a member rendering defence service of that kind;

the disease is, for the purposes of paragraph 27(b), taken to be attributable to defence service rendered by the person while a member, unless the contrary is established.

Determination by the Commission

(3) The Commission may, by written determination, specify the following:

(a) one or more kinds of injury that are attributable to one or more kinds of defence service;

(b) one or more kinds of disease that are attributable to one or more kinds of defence service.

(4) Without limiting subsection (3), kinds of defence service may be specified by reference to the period during which the service was rendered.

(5) To avoid doubt, a determination under subsection (3) may specify a kind of injury, or a kind of disease, irrespective of whether a Statement of Principles is, or has been, determined in respect of that kind of injury or that kind of disease.

Variation or revocation of determination

(6) The Commission may, by written determination, vary or revoke a determination under subsection (3).

Determination etc. must be approved by the Minister

(7) A determination, and any variation or revocation of a determination, under subsection (3) has no effect unless the Minister had approved the determination, variation or revocation in writing.

Legislative instruments

(8) A determination, and any variation or revocation of a determination, under subsection (3) prepared by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination, variation or revocation is approved.