On duty
From 1 July 2026, DVA can accept liability for injuries and deaths that occurred while a member was on duty, without needing to prove that the injury was caused by service. This is a new head of liability that makes it easier for some claims to be accepted.
A new way to accept liability – medical event on duty
From 1 July 2026, DVA can accept liability for injuries and deaths where the injury or death occurred while the member was on duty. The injury or death does not need to have been caused by service – it only needs to have happened while on duty.
This provision applies only to injuries and deaths that occurred at the time of the on-duty event. It does not apply to medical conditions or diseases that develop later as a result of an on-duty event. Other liability provisions may still cover delayed-onset conditions and off-duty conditions that are related to service.
What counts as an injury or death under this provision
Under this provision, an injury or death means the actual injury or death occurring while on duty. It does not include an exposure or event that later causes a disease.
Examples of injuries covered include a fall, a fracture, a heart attack, and a stroke while on duty. A death from cancer while on duty would be covered, but the cancer itself would not be covered under this provision.
The examples provided in this document are guidance only and are not exhaustive.
Diagnosis
A diagnosis is required for the claimed condition. If this head of liability is applicable, you do not need to prove the cause of the injury or death – the key requirement is that the event occurred while you were on duty.
Evidence of on-duty status
A number of sources can be used to show that you were on duty at the time of the event. These include nominal rolls, Service Records (with supporting evidence), Unit/Ship/Squadron Standing Orders, routine orders, shift work rosters, Defence instructions and briefs, medical and incident reports, and Defence FATALCAS , NOTICAS and Sentinel Event Reports.
Sport and physical fitness activities
ADF-supervised sport or training that takes place during duty hours is generally considered on duty. Non-ADF sport or training is usually not considered on duty, especially if it takes place outside duty hours. It may still be assessed under other provisions, for example if the activity was authorised or encouraged by the ADF.
Examples of on-duty status
The table below shows common circumstances and whether a member would be considered on duty. These examples are guidance only and are not exhaustive.
| Circumstance | On duty? | Comments |
|---|---|---|
| At usual place of service, on duty doing ADF job | Yes | |
| At usual place of service, off duty | No | Subject to normal liability assessment. |
| Outside normal duty hours, but called into work and at work | Yes | |
| Travelling to or from work | No | Subject to normal liability assessment (including travel provisions). |
| On leave | No | Subject to normal liability assessment. |
| At home (including when living on base and off duty) | No | See working from home and training items below. |
| On exercise or operations, in the field | Yes | |
| On call or on notice | No | Subject to normal liability assessment. |
| On Relief Out of Country Leave (ROCL), out of operational area | No | Subject to normal liability assessment. |
| On an ADF vessel, at sea | Yes | |
| On an ADF vessel, moored in port | Yes/No | Yes if on watch or duty etc. If not, subject to normal liability assessment. |
| A member of an ADF vessel's crew, ashore on shore leave | No | Subject to normal liability assessment. |
| Assigned to warlike or non-warlike service, in the defined operational area | Yes | Providing the service meets the terms of the relevant warlike or non-warlike service determination. |
| On training with restricted movements in location (e.g. earlier phases of recruit training) | Yes | |
| Deployed in place (e.g. UAV operator) | Yes | |
| Working from home under agreed arrangements | Yes/No | Yes, but only during working hours under the terms of the working from home arrangement. Otherwise, subject to normal liability assessment. |
| Travelling to or from any of the above circumstances | No | Subject to normal liability assessment. |
| Member dies on duty | Yes | Any death (regardless of cause or circumstance) on duty is a service death. |
If you are not considered to be on duty
If an event does not meet the on-duty criteria, your claim may still be assessed under the standard liability provisions. Travel-related incidents are often assessed under separate travel provisions.
If you need more information about a medical event on duty or have any questions, contact DVA.