Tobacco

From 1 July 2026, the MRCA can now accept claims for conditions arising from service-related tobacco use that occurred before 1 January 1998.

Compensation for tobacco-related conditions

Whether you can receive compensation for a tobacco-related medical condition depends on when you used tobacco and your service history.

Before 1 July 2026, claims could not be accepted under the Military Rehabilitation and Compensation Act 2004 (MRCA) if the condition was caused solely by tobacco use. Some claims could be accepted under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1998 (DRCA) or the Veterans' Entitlements Act 1986 (VEA).

From 1 July 2026, the MRCA allows claims for conditions that arise from service-related tobacco use that occurred before 1 January 1998. This change maintains the eligibility that existed under the VEA.

Conditions are still excluded where smoking started or increased on or after 1 January 1998 and the only link to service is through smoking.

What counts as tobacco use

Tobacco use is not limited to smoking, but smoking has historically been the most common form in the ADF. Smoking includes inhaling smoke from cigarettes (commercial or roll-your-own), cigars, pipes, and waterpipes or shishas.

During deployments, tobacco may also have been chewed, snorted, or held between the cheek and gums. Smokeless tobacco products such as snuff, snus, and chewing tobacco are not legally available in Australia, but may have been used while deployed overseas.

How smoking-related conditions are assessed

When assessing a claim, multiple factors must be considered. Smoking can be linked to service in various ways, but a claim requires more than a simple timing link – it is not enough that the smoking happened during service.

How and whether your smoking is connected to your service is decided based on the facts of your individual case.

Passive smoking

A passive smoking claim must meet specific criteria to be accepted. The exposure must have occurred in an enclosed space, and a visible smoke haze must have been present. Passive smoking claims are generally not accepted if you were also smoking at the time.

Examples of enclosed spaces where passive smoking exposure may have occurred include offices, naval vessels, military aircraft, buses and trucks, armoured vehicles, workshops, and equipment bays.

What is changing from 1 July 2026

From 1 July 2026, claims for tobacco use that occurred before 1 January 1998 may be accepted under the MRCA. This ensures that veterans with VEA or DRCA service are not disadvantaged by the legislative changes.