Presumptive liability
From 1 July 2026, a new system called presumptive liability means that DVA can automatically accept certain conditions as service-related, without you needing to prove the link. This makes the claims process faster and simpler for eligible conditions.
What is presumptive liability
For some specific conditions, the Department of Veterans' Affairs (DVA) can automatically accept that your condition is service-related. You do not need to prove the link between your condition and your service.
Presumptive liability may not be applicable if there is clear evidence that your condition was caused by something other than your service.
Presumptive liability is based on evidence about conditions and their known links to military service. Some conditions require that you have performed a specific type of service, or a minimum length of service, before presumptive liability applies.
A diagnosis of the condition needs to be provided and relevant criteria such as onset timeframes and type or length of service may also need to be met.
Which claims are eligible
Presumptive liability applies to claims lodged from 1 July 2026 where you have a confirmed diagnosis of a listed condition and your service meets the required criteria.
Claims lodged before 1 July 2026 follow existing arrangements, which include the ADF Firefighter Scheme, F-111 deseal/reseal worker claims, the DRCA Specified Diseases and Employment Instrument 2017, and 'decision-ready' processes for some VEA/MRCA claims. Presumption only applies to claims made after 1 July 2026.
Conditions covered from 1 July 2026
The following types of conditions are covered under presumptive liability from 1 July 2026:
- 20 cancers for ADF firefighters
- 30 or more conditions for ADF firefighters who served at Point Cook between 1957 and 1986
- 30 or more conditions for F-111 deseal/reseal workers
- 40 or more conditions linked to specific workplace exposures
- 80 or more common service-related conditions, including some sequelae (conditions that develop as a result of another accepted condition)
- Some conditions linked to veterans who have experienced abuse
How to access presumptive liability
You do not need to make a separate application for presumptive liability. If you are eligible, your claim will be assessed under presumptive liability arrangements if they apply.
If presumptive liability does not apply to your claim, DVA will consider whether the medical event on duty provision applies. This provision covers injuries only, not diseases. If that does not apply either, your claim will go through the standard assessment process, which usually involves applying the Statements of Principles (SoPs).
Why presumptive liability exists
Presumptive liability makes the claims process faster and simpler. It requires less evidence from veterans, making the process easier for them and it also reduces the workload on DVA delegates and the overall claims processing system.
Future expansion
Presumptive liability may potentially be expanded in the future where strong scientific evidence links conditions to service and the affected groups of personnel can be clearly identified. Changes may be based on where evidence exists that there is an unusual rate of a condition among Defence cohorts, or where a causal exposure has been clearly and consistently experienced by groups of veterans. Any potential future changes will be discussed with ex-service organisations and will require government approval and legislative amendments.
More information
Contact DVA for guidance on eligibility or for help with a claim.