Military Rehabilitation and Compensation Act 2004

In this Chapter:

that was, at the relevant time, at war with the enemy; or

the forces of which were, at the relevant time, engaged in an operational area against forces against which the forces of the Commonwealth were engaged in that area;

a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country.

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port; or

a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea‑going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before the person entered into the agreement or indenture; or

a master, officer, seaman or apprentice employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or

a pilot employed or licensed by Australia or a State or by an authority constituted by or under a law of the Commonwealth or of a State; or

a master, officer, seaman or apprentice employed in sea‑going service on a ship owned in Australia and operating from an Australian port, being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel; or

a member or employee of the Commonwealth Salvage Board engaged in sea‑going service under the direction of that Board; or

a master, officer, seaman or apprentice employed in sea‑going service on a ship registered in New Zealand who the Commission is satisfied was engaged in Australia and is not entitled to compensation under a law of a Commonwealth country providing for the payment of pensions and other payments to seamen who suffered death or disablement as a result of World War 2.

a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country.

in relation to a member of the Defence Force:

service in the Naval Forces of the Commonwealth of the kind known as continuous full‑time naval service; or

service in the Military Forces of the Commonwealth of the kind known as continuous full‑time military service; or

service in the Air Force of the Commonwealth of the kind known as continuous full‑time air force service; or

in relation to a member of the naval, military or air forces of a Commonwealth country or an allied country—service in those forces of a kind similar to the kind of service referred to in subparagraph (a)(i), (ii) or (iii); or

if the Minister determines, under paragraph (5)(a), that a person, or a person included in a class of persons, was rendering continuous full‑time operational service while rendering service of a kind specified in the determination—service of that kind that was rendered by that person or a person included in that class of persons.

who was killed, or detained by the enemy, during World War 2; and

who was, at the time the person was killed or first detained:

a British subject; and

a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and

who was not, at that time:

rendering service as a member of the Defence Force; or

employed by the Commonwealth on a special mission outside Australia.

in relation to World War 1 or World War 2—the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; or

in relation to service in, or a period of hostilities in respect of, an operational area—the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area; or

persons assisting any of those forces.

a member of the Defence Force; or

another person who is:

a member of the unit; or

attached to the unit; or

appointed for continuous full‑time operational service with the unit; or

if the Minister determines, under paragraph (5)(b), that a person, or a person included in a class of persons, was a member of a specified unit of the Defence Force while rendering service of a kind specified in the determination—the person or a person included in the class of persons.

See also subsection (4) in relation to the Army Medical Corps Nursing Service.

enlisted or re‑engaged in, or was appointed or re‑appointed to, the Defence Force for continuous full‑time operational service for a term of not more than 2 years; or

was appointed for continuous full‑time operational service with a unit of the Defence Force for a term of not more than 2 years;

World War 1 from its commencement on 4 August 1914 to 11 November 1918 (both included); or

World War 2 from its commencement on 3 September 1939 to 29 October 1945 (both included); or

the period of hostilities in respect of Korea from 27 June 1950 to 19 April 1956 (both included); or

the period of hostilities in respect of Malaya from 29 June 1950 to 31 August 1957 (both included); or

the period of hostilities in respect of war‑like operations in operational areas from 31 July 1962 to 11 January 1973 (both included).

the war that commenced on 4 August 1914; or

any other war in which the Crown became engaged after 4 August 1914 and before 11 November 1918.

the war that commenced on 3 September 1939; or

any other war in which the Crown became engaged after 3 September 1939 and before 3 September 1945.

A reference in this Chapter to a person, or a unit of the Defence Force, that was allotted for duty in an operational area is a reference:

in the case of duty that was carried out in an operational area described in item 1, 2, 3, 6, 7, 8, 9 or 10 of the table in section 451—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act; or

in the case of duty that was carried out in an operational area described in item 4, 5, 11, 12, 13, 14, 15, 16 or 17 of the table in section 451—to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person’s eligibility for entitlements under this Act; or

to a person, or unit of the Defence Force, that is, by written instrument signed by the Defence Minister, taken to have been allotted for duty in an operational area described in item 6 or 10 of the table in section 451.

An instrument under paragraph (2)(a), (b) or (c) is not a legislative instrument.

For the purposes of this Chapter, a member of the Army Medical Corps Nursing Service who:

rendered service during World War 1, either within or outside Australia; and

rendered the service as such a member in accordance with an acceptance or appointment by the Director‑General of Medical Services for service outside Australia;

The Minister may, in writing, determine any of the following:

that a person, or a person included in a class of persons, was rendering continuous full‑time operational service while rendering service of a kind specified in the determination;

that a person, or a person included in a class of persons, was a member of a specified unit of the Defence Force while rendering service of a kind specified in the determination.

A determination under subsection (5) is not a legislative instrument.

For the purposes of this Chapter:

World War 1 is taken to have ended on 1 September 1921; and

World War 2 is taken to have ended on 28 April 1952.

1 September 1921 is the date fixed by Proclamation under the Termination of the Present War (Definition) Act 1919.

28 April 1952 is the date on which the Treaty of Peace with Japan came into force.

The coordinates in this Chapter are expressed in terms of the World Geodetic System 1984 (WGS84), as in force from time to time.