Commonwealth: Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (Cth)

Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 No. 17, 2025 An Act to amend the law relating to veterans' affairs and military rehabilitation and compensation, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules 4 Review of operation of amendments 5 Review of amendments in Schedule 9 Schedule 1—Single ongoing Act main amendments Part 1—Closing eligibility to DRCA and VEA Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Part 2—Opening MRCA to pre‑2004 conditions Division 1—Accepted DRCA and VEA conditions Military Rehabilitation and Compensation Act 2004 Division 2—Classifying pre‑2004 operations Military Rehabilitation and Compensation Act 2004 Division 3—Retesting claims Military Rehabilitation and Compensation Act 2004 Division 4—Needs assessment Military Rehabilitation and Compensation Act 2004 Division 5—Service injuries, diseases and deaths arising from treatment Military Rehabilitation and Compensation Act 2004 Part 3—Other amendments Division 1—Permanent impairment Military Rehabilitation and Compensation Act 2004 Division 2—Incapacity payments Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Division 3—Liability restrictions on tobacco use Military Rehabilitation and Compensation Act 2004 Division 4—Medical event on duty Military Rehabilitation and Compensation Act 2004 Division 5—Posthumous permanent impairment payments Military Rehabilitation and Compensation Act 2004 Division 6—Overpayments and debts Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Division 7—Payment to solicitor's trust account Military Rehabilitation and Compensation Act 2004 Division 8—Common law damages Military Rehabilitation and Compensation Act 2004 Division 9—Information sharing Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Division 10—Offsetting Military Rehabilitation and Compensation Act 2004 Division 11—Rehabilitation Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Division 12—Motor Vehicle Compensation Scheme Military Rehabilitation and Compensation Act 2004 Division 13—Financial and legal advice Military Rehabilitation and Compensation Act 2004 Schedule 2—Single ongoing Act enhancements Part 1—Amendments relating to allowances etc. Division 1—Compensation for funeral expenses Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Division 2—Acute support package Military Rehabilitation and Compensation Act 2004 Division 3—Household and attendant care Military Rehabilitation and Compensation Act 2004 Division 4—Victoria Cross allowance and decoration allowance Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986 Division 5—Prisoner of war ex gratia payments Military Rehabilitation and Compensation Act 2004 Social Security and Veterans' Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007 Veterans' Entitlements Act 1986 Veterans' Entitlements (Clarke Review) Act 2004 Division 6—Education schemes Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986 Division 7—Additional compensation for children of severely impaired veterans Military Rehabilitation and Compensation Act 2004 Division 8—Special assistance Military Rehabilitation and Compensation Act 2004 Division 9—Repeals Compensation (Japanese Internment) Act 2001 Part 2—Amendments relating to treatment Division 1—Travel for treatment arrangements Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Division 2—Treatment arrangements Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986 Part 3—Presumptive liability Military Rehabilitation and Compensation Act 2004 Part 4—Additional disablement amount Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986 Schedule 3—Review pathway Part 1—Amendments commencing 60 days after Royal Assent Division 1—Main amendments Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Division 2—Application and transitional provisions Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 Part 2—Amendments commencing later Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Schedule 4—Merging commissions Military Rehabilitation and Compensation Act 2004 Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 Veterans' Entitlements Act 1986 Schedule 5—Repatriation Medical Authority and Specialist Medical Review Council Military Rehabilitation and Compensation Act 2004 Veterans' Entitlements Act 1986 Schedule 6—Disability compensation cessation date Veterans' Entitlements Act 1986 Schedule 7—Application and transitional provisions Military Rehabilitation and Compensation Act 2004 Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 Schedule 8—Consequential amendments Part 1—Main amendments Aged Care Act 1997 Aged Care Quality and Safety Commission Act 2018 Aged Care (Transitional Provisions) Act 1997 Age Discrimination Act 2004 A New Tax System (Family Assistance) Act 1999 Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 Australian Veterans' Recognition (Putting Veterans and Their Families First) Act 2019 Child Support (Assessment) Act 1989 Child Support (Registration and Collection) Act 1988 Data‑matching Program (Assistance and Tax) Act 1990 Defence Force Discipline Act 1982 Dental Benefits Act 2008 Disability Discrimination Act 1992 Health Insurance Act 1973 Higher Education Support Act 2003 Housing Australia Future Fund Act 2023 Income Tax Assessment Act 1936 Income Tax Assessment Act 1997 My Health Records Act 2012 National Cancer Screening Register Act 2016 National Health Act 1953 Safety, Rehabilitation and Compensation Act 1988 Social Security Act 1991 Student Assistance Act 1973 Superannuation Act 1976 Treatment Benefits (Special Access) Act 2019 Part 2—Contingent amendments Defence Act 1903 Schedule 9—Defence and Veterans' Services Commission Part 1—Main amendments Defence Act 1903 Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 No. 17, 2025 An Act to amend the law relating to veterans' affairs and military rehabilitation and compensation, and for related purposes [Assented to 20 February 2025] The Parliament of Australia enacts: 1 Short title This Act is the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 5 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 20 February 2025 2. Schedules 1 and 2 1 July 2026. 1 July 2026 3. Schedule 3, Part 1 The day after the end of the period of 60 days beginning on the day this Act receives the Royal Assent. 21 April 2025 4. Schedule 3, Part 2 1 July 2026. 1 July 2026 5. Schedules 4 to 7 1 July 2026. 1 July 2026 6. Schedule 8, Part 1 1 July 2026. 1 July 2026 7. Schedule 8, Part 2 The later of: (a) at the same time as the provisions covered by table item 6; and (b) immediately after the commencement of Part 1 of Schedule 1 to the Defence Amendment (Parliamentary Joint Committee on Defence) Act 2025. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 8. Schedule 9 29 September 2025. 29 September 2025 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. 4 Review of operation of amendments (1) The Senate Foreign Affairs, Defence and Trade Legislation Committee, or such other committee constituted under a resolution of the Senate, must: (a) begin a review of the operation of the amendments made by this Act as soon as practicable after the end of the period of 12 months beginning on the day Schedule 1 to this Act commences; and (b) report the Committee's findings to the Senate as soon as practicable after completing the review. (2) Without limiting subsection (1), the review must consider the following: (a) the effectiveness of the amendments; (b) whether the amendments have achieved recommendation 1 of the Interim Report of the Defence and Veteran Suicide Royal Commission, and any other relevant recommendations of that report; (c) the operation of legislated governance arrangements as a result of the amendments; (d) whether the amendments have improved or clarified the benefits available to veterans and their families; (e) whether the amendments have resulted in improvements in operational processes associated with veterans and their families accessing benefits; (f) whether further legislative changes are needed; (g) any related matter. (3) In this section: Defence and Veteran Suicide Royal Commission means the Royal Commission into Defence and Veteran Suicide, issued by the Governor‑General by Letters Patent on 8 July 2021 (and including any later variations of those Letters Patent). 5 Review of amendments in Schedule 9 The Senate Foreign Affairs, Defence and Trade Legislation Committee must: (a) begin a review of the amendments in Schedule 9 to this Act as soon as practicable after the day this Act receives the Royal Assent; and (b) report the Committee's findings to the Senate by 29 August 2025. Schedule 1—Single ongoing Act main amendments Part 1—Closing eligibility to DRCA and VEA Military Rehabilitation and Compensation Act 2004 1 Section 3 (before the paragraph beginning "This Act provides for") Insert: This Act provides rehabilitation, compensation and other entitlements for veterans and other members of the Defence Force (referred to in this Act as members and formers members) and for members of their families. 2 Section 3 Omit "This Act provides", substitute "In particular, this Act provides". 3 Section 3 After: (c) certain assistance (such as child care, counselling and household services) to members or former members or to related persons of members, former members or deceased members. insert: From the date of commencement, the benefits and assistance provided for by this Act cover all members and former members, regardless of when they rendered service or the nature of that service, and this is the only Act under which a claim for such benefits and assistance can be made. Note 1: Part 2 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 deals with the application of this Act on and after the date of commencement. Note 2: Part IA of the DRCA and Part IA of the VEA deal with the closure of those Acts to certain new claims on and after the date of commencement. 4 Section 3 Omit "Veterans' Entitlements Act 1986" (wherever occurring), substitute "VEA". 5 Subsection 5(1) Insert: date of commencement means 1 July 2026. de facto relationship: see section 19A. DRCA means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988. 6 Subsection 5(1) (subparagraph (c)(i) of the definition of partner) Omit "subsection (2)", substitute "section 19A". 7 Subsection 5(1) (definition of pharmaceutical benefits) Repeal the definition, substitute: pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings. 8 Subsection 5(1) Insert: VEA means the Veterans' Entitlements Act 1986. 9 Subsection 5(1) (definition of Veterans' Affairs Minister) Repeal the definition. 10 Subsection 5(2) Repeal the subsection. 11 After section 19 Insert: 19A De facto relationships In forming an opinion for the purposes of this Act whether 2 people are living together in a de facto relationship, regard is to be had to all the circumstances of the relationship including, in particular, the following matters: (a) the financial aspects of the relationship, including: (i) any joint ownership of real estate or other major assets and any joint liabilities; and (ii) any significant pooling of financial resources especially in relation to major financial commitments; and (iii) any legal obligations owed by one person in respect of the other person; and (iv) the basis of any sharing of day‑to‑day household expenses; (b) the nature of the household, including: (i) any joint responsibility for providing care or support of children; and (ii) the living arrangements of the people; and (iii) the basis on which responsibility for housework is distributed; (c) the social aspects of the relationship, including: (i) whether the people hold themselves out as being in a de facto relationship with each other; and (ii) the assessment of friends and regular associates of the people about the nature of their relationship; and (iii) the basis on which the people make plans for, or engage in, joint social activities; (d) any sexual relationship between the people; (e) the nature of the people's commitment to each other, including: (i) the length of the relationship; and (ii) the nature of any companionship and emotional support that the people provide to each other; and (iii) whether the people consider that the relationship is likely to continue indefinitely; and (iv) whether the people see their relationship as a de facto relationship. 12 Section 197 Omit "Veterans' Entitlements Act 1986", substitute "VEA". 13 Subsection 198(2) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 14 Subsection 204A(2) (note 3) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 15 Sections 221 to 224 Omit "Veterans' Entitlements Act 1986" (wherever occurring), substitute "VEA". 16 Paragraphs 234(5)(a) and 245(b) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 17 Sections 246 to 248 Omit "Veterans' Entitlements Act 1986" (wherever occurring), substitute "VEA". 18 Subsection 258(7) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 19 Section 278 Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988", substitute "DRCA". 20 Section 280A (heading) Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988", substitute "DRCA". 21 Subsection 280A(1) Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988", substitute "DRCA". 22 Subsection 280A(1) (note 1) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 23 Subsection 280A(1) (note 2) Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988", substitute "DRCA". 24 Subsection 280A(2) Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988", substitute "DRCA". 25 Section 300 (note 2) Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988", substitute "DRCA". 26 Sections 301 to 303 Omit "Veterans' Entitlements Act 1986" (wherever occurring), substitute "VEA". 27 Subsection 409(5) (paragraph (g) of the definition of receiving Commonwealth body) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 28 Section 423 Omit "Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988" (wherever occurring), substitute "DRCA". 29 Paragraph 424L(2)(b) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 30 Paragraph 430(3E)(b) Omit "Veterans' Entitlements Act 1986", substitute "VEA". 31 Subparagraph 438(a)(i) Omit "Veterans' Affairs". Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 32 Subsection 4(1) Insert: date of commencement means 1 July 2026. 33 After Part I Insert: Part IA—Operation of this Act on and after date of commencement 14AA No new claims etc. on or after date of commencement Despite anything else in this Act: (a) a claim may not be made under Part V on or after the date of commencement; and (b) an instrument may not be made under section 41B (acute support package) on or after that date. Note 1: From the date of commencement: (a) claims that could previously be made under this Act will be able to be made under the MRCA; and (b) acute support packages that could previously be granted under this Act will be able to be granted under section 268B of the MRCA. Note 2: See also section 88 of the CTPA in relation to pending claims. 34 Subsection 41B(1) (note) Omit "Note", substitute "Note 1". 35 At the end of subsection 41B(1) Add: Note 2: An instrument may not be made under this section on or after the date of commencement (see section 14AA). 36 At the end of subsection 54(1) Add: Note: A claim may not be made under this section on or after the date of commencement (see section 14AA). 37 At the end of subsection 124(1A) Add: Note: A claim for compensation under this Act may not be made on or after the date of commencement (see section 14AA). Veterans' Entitlements Act 1986 38 Subsection 5Q(1) Insert: date of commencement means 1 July 2026. 39 After Part I Insert: Part IA—Operation of this Act on and after date of commencement 12AA No new claims, applications etc. on or after date of commencement Despite anything else in this Act: (a) a claim or application may not be made under any of the following on or after the date of commencement: (i) Part II (other than Division 2A); (ii) Part IV; (iii) section 111 (other than in respect of bereavement payment under section 98AA); (iv) a legislative instrument made under section 105 or 106; and (b) an instrument may not be made under section 115S (acute support package) on or after that date. Note 1: From the date of commencement: (a) certain claims and applications that could previously be made under this Act, or under legislative instruments made under this Act, will be able to be made under the MRCA; and (b) acute support packages that could previously be granted under this Act will be able to be granted under section 268B of the MRCA. Note 2: See also section 89 of the CTPA in relation to certain pending claims and applications. 40 Subsection 14(1) (notes 1 and 2) Repeal the notes, substitute: Note: A claim may not be made on or after the date of commencement (see section 12AA). 41 At the end of subsections 15(1) and (2) Add: Note: An application may not be made on or after the date of commencement (see section 12AA). 42 At the end of subsection 111(2) Add: Note: An application may not be made on or after the date of commencement, unless it is for bereavement payment under section 98AA (see section 12AA). 43 Subsection 115S(1) (note) Omit "Note", substitute "Note 1". 44 At the end of subsection 115S(1) Add: Note 2: An instrument may not be made under this section on or after the date of commencement (see section 12AA). Part 2—Opening MRCA to pre‑2004 conditions Division 1—Accepted DRCA and VEA conditions Military Rehabilitation and Compensation Act 2004 45 Section 21 (paragraph beginning "The Commission") After "none of the exclusions in Part 4 apply.", insert "The Commission is taken to have accepted liability for an injury or disease in certain circumstances.". 46 Section 22 (paragraph beginning "The Commission must accept") After "none of the exclusions in Part 4 apply.", insert "The Commission is taken to have accepted liability for an injury or disease, and the injury or disease is taken to be a service injury or disease, if liability for the injury or disease has previously been accepted under the DRCA or VEA.". 47 After section 24 Insert: 24A Commission taken to have accepted liability for certain injuries and diseases (1) This section applies in relation to an injury sustained, or a disease contracted, by a person if: (a) before the date of commencement, the person made a claim for either of the following in respect of the injury or disease: (i) compensation under the DRCA; (ii) a pension under Part II or IV of the VEA; and (b) as a result of the determination of that claim (including any reconsideration or review of a decision made in relation to that claim): (i) if subparagraph (a)(i) applies—liability to pay compensation in respect of the injury or disease was accepted; or (ii) if subparagraph (a)(ii) applies—it was determined that the person was entitled to be granted a pension in respect of the injury or disease. (2) For the purposes of this Act, the regulations and any other instrument made under this Act: (a) the Commission is taken to have accepted liability for the injury or disease under this Chapter; and (b) the injury or disease is taken to be a service injury, or a service disease, as the case may be. Note: This means that the person is not required to make a claim under section 319 for acceptance of liability for the injury or disease and the Commission is not required to reassess liability for the injury or disease. 48 At the end of section 27 Add: Note 1: Certain injuries and diseases are taken to be service injuries and service diseases (see section 24A). Division 2—Classifying pre‑2004 operations Military Rehabilitation and Compensation Act 2004 49 Before section 1 Insert: Part 1—Preliminary 50 Subsection 5(1) Insert: Australian contingent, in relation to a Peacekeeping Force, means a contingent of that Force that has been authorised or approved by the Australian Government. Australian member, in relation to a Peacekeeping Force, means a member of that Force whose membership has been authorised or approved by the Australian Government. authorised travel, in relation to a member of a Peacekeeping Force, means travel authorised by the appropriate authority, being an authority approved by the Minister for the purpose. British nuclear test defence service has the meaning given by section 6B. 51 Subsection 5(1) (definition of defence service) Omit "paragraph 6(1)(d)", substitute "subsection 6(1A)". 52 Subsection 5(1) Insert: domicile has a meaning affected by section 19B. hazardous service has the meaning given by section 6C. 53 Subsection 5(1) (at the end of the definition of member) Add: ; or (d) a member of a Peacekeeping Force. 54 Subsection 5(1) Insert: member of a Peacekeeping Force means a person who is serving, or has served, with a Peacekeeping Force outside Australia as an Australian member, or as a member of the Australian contingent, of that Peacekeeping Force. operational service has the meaning given by sections 444 to 450. Peacekeeping Force has the meaning given by subsection 6A(3). peacekeeping service has the meaning given by subsection 6A(1). 55 Before section 6 Insert: Part 2—Kinds of service to which this Act applies 56 Section 6 (heading) Repeal the heading, substitute: 6 Defence service 57 Before subsection 6(1) Insert: (1A) For the purposes of this Act, the following kinds of service are defence service: (a) warlike service; (b) non‑warlike service; (c) British nuclear test defence service; (d) hazardous service; (e) peacetime service. Note: This Act applies in relation to operational service as if it were warlike service or non‑warlike service (see section 443). 58 Paragraph 6(1)(b) After "this Act", insert ", or service that is peacekeeping service". 59 Paragraphs 6(1)(c) and (d) Repeal the paragraphs, substitute: (c) peacetime service means service with the Defence Force that is not any of the following: (i) warlike service; (ii) non‑warlike service; (iii) British nuclear test defence service; (iv) hazardous service. 60 After section 6 Insert: 6A Meanings of peacekeeping service and Peacekeeping Force (1) Peacekeeping service means service rendered by a person with a Peacekeeping Force outside Australia, and includes: (a) any period after the person's appointment or allocation to the Peacekeeping Force during which the person was travelling outside Australia for the purpose of joining the Peacekeeping Force; and (b) any period (not exceeding 28 days) of authorised travel by the person outside Australia after the person has ceased to serve with the Peacekeeping Force. (2) For the purposes of subsection (1): (a) a person who has travelled from a place in Australia to a place outside Australia is taken to have commenced to travel outside Australia when the person departed from the last port of call in Australia; and (b) a person who has travelled to Australia from a place outside Australia is taken to have been travelling outside Australia until the person arrived at the first port of call in Australia. (3) A Peacekeeping Force described in column 1 of an item of the following table is a Peacekeeping Force for the purposes of this Act on and from the initial date specified in column 2 of the item. Peacekeeping Forces Item Column 1 Column 2 Description of Peacekeeping Force Initial date as a Peacekeeping Force 1 Security Council Commission of Investigation on the Balkans 29 January 1947 2 Committee of Good Offices 25 August 1947 3 United Nations Special Commission on the Balkans 26 November 1947 4 United Nations Commission on Korea 1 January 1949 5 United Nations Military Observer Group in India and Pakistan 1 January 1949 6 United Nations Commission for Indonesia 28 January 1949 7 United Nations Truce Supervision Organisation 1 June 1956 8 United Nations Operations in the Congo 1 August 1960 9 United Nations Yemen Observation Mission 1 January 1963 10 United Nations Force in Cyprus 14 May 1964 11 United Nations India‑Pakistan Observation Mission 20 September 1965 12 United Nations Disengagement Observer Force 1 January 1974 13 United Nations Emergency Force Two 1 July 1976 14 United Nations Interim Force in Lebanon 23 March 1978 15 Commonwealth Monitoring Force in Zimbabwe 24 December 1979 16 Sinai Multinational Force and Observers established by the Protocol between the Arab Republic of Egypt and the State of Israel dated 3 August 1981 18 February 1982 17 United Nations Iran/Iraq Military Observer Group 11 August 1988 18 United Nations Border Relief Operation in Cambodia 1 February 1989 19 United Nations Transition Assistance Group Namibia 18 February 1989 20 United Nations Mission for the Referendum in Western Sahara (Mission des Nations Unies pour un Referendum au Sahara Occidental) 27 June 1991 21 The Australian Police Contingent of the United Nations Transitional Authority in Cambodia 18 May 1992 22 The Australian Police Contingent of the United Nations Operation in Mozambique 27 March 1994 23 Australian Defence Support to a Pacific Peacekeeping Force for a Bougainville Peace Conference 21 September 1994 24 The Australian Police Contingent of the Multi‑National Force in Haiti 10 October 1994 25 The Australian Police Contingent of the United Nations Mission in East Timor 21 June 1999 26 The Australian Police Contingent of the United Nations Transitional Administration in East Timor 25 October 1999 27 The Australian Police Contingent of the United Nations Mission of Support in East Timor 20 May 2002 28 The Australian Police Contingent of the Regional Assistance Mission to Solomon Islands 24 July 2003 29 The Australian Police Contingent of the United Nations Mission in Sudan 1 January 2006 6B British nuclear test defence service (1) A person has rendered British nuclear test defence service if, while the person was a member of the Defence Force, the person rendered service in an area mentioned in an item of the following table during the period mentioned in the item. British nuclear test defence service in an area within a period Item Area Period 1 The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago The period: (a) starting at the start of 3 October 1952; and (b) ending at the end of 19 June 1958 2 The area within 25 kilometres of the Totem test sites at Emu Field The period: (a) starting at the start of 15 October 1953; and (b) ending at the end of 25 October 1955 3 The area within 40 kilometres of any of the Buffalo or Antler test sites near Maralinga The period: (a) starting at the start of 27 September 1956; and (b) ending at the end of 30 April 1965 (2) A person has rendered British nuclear test defence service if, while the person was a member of the Defence Force: (a) the person was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment at any time during a period mentioned in an item of the following table; and (b) the vessel, vehicle, aircraft or equipment was contaminated as a result of its use in the area mentioned in the item. British nuclear test defence service relating to work on contaminated things Item Period in which involvement occurred Area where thing was contaminated 1 The period: The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago (a) starting at the start of 3 October 1952; and (b) ending at the end of 19 July 1956 2 The period: The area within 25 kilometres of the Totem test sites at Emu Field (a) starting at the start of 15 October 1953; and (b) ending at the end of 25 November 1953 3 The period: The area within 40 kilometres of any of the Buffalo or Antler test sites near Maralinga (a) starting at the start of 27 September 1956; and (b) ending at the end of 30 May 1963 (3) A person has rendered British nuclear test defence service if, while the person was a member of the Defence Force and at a time between the start of 3 October 1952 and the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force that was at that time: (a) used in measuring fallout from nuclear tests conducted in an area described in the table in subsection (1); and (b) contaminated by the fallout. (4) A person has rendered British nuclear test defence service if: (a) the service was rendered while the person was a member of the Defence Force; and (b) the person satisfies the requirements specified in an instrument under subsection (5). (5) The Commission may, by legislative instrument, specify requirements for the purposes of subsection (4). 6C Hazardous service Hazardous service is service with the Defence Force, before 1 July 2004, that is of a kind determined by the Defence Minister, by legislative instrument, to be hazardous service for the purposes of this section. Part 3—Other interpretation provisions 61 Before section 20 Insert: 19B Domicile (1) A person is taken for the purposes of this Act to have been capable of having an independent domicile at a time before 1 July 1982 if the person had turned 18 at or before that time. Note: Subsection 8(1) of the Domicile Act 1982 has a similar effect for a time occurring on or after 1 July 1982. (2) Subsection (1) has effect despite any rule of law to the contrary. 62 Subsection 335(1) (heading) Omit "or non‑warlike service", substitute "service, non‑warlike service, British nuclear test defence service or hazardous service". 63 Subsection 335(1) Omit "or non‑warlike service", substitute "service, non‑warlike service, British nuclear test defence service or hazardous service". 64 Subsection 338(1) Omit "or non‑warlike service", substitute "service, non‑warlike service, British nuclear test defence service or hazardous service". 65 Subparagraph 340(2)(c)(ii) Omit "and", substitute "or". 66 At the end of paragraph 340(2)(c) Add: (iii) British nuclear test defence service; or (iv) hazardous service; and 67 At the end of the Act Add: Chapter 12—Application of this Act to operational service Part 1—Preliminary 441 Simplified outline of this Chapter This Act applies to operational service as if it were warlike service or non‑warlike service. This means that persons who are taken to have been rendering operational service may be entitled to benefits and assistance under this Act. This Chapter defines what is operational service. 442 Definitions (1) In this Chapter: allied country means any country (not being Australia or a Commonwealth country): (a) that was, at the relevant time, at war with the enemy; or (b) 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; and includes: (c) 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 (d) a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country. allotted for duty in an operational area has the meaning given by subsection (2). Australian mariner means a person who was, during the period of World War 2 from its commencement to and including 29 October 1945: (a) 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 (b) 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 (c) a master, officer, seaman or apprentice employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or (d) 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 (e) 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 (f) a member or employee of the Commonwealth Salvage Board engaged in sea‑going service under the direction of that Board; or (g) 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. Commonwealth country means a country (other than Australia) that is, or was at the relevant time, a part of the Dominions of the Crown, and includes: (a) 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 (b) a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country. continuous full‑time operational service means: (a) in relation to a member of the Defence Force: (i) service in the Naval Forces of the Commonwealth of the kind known as continuous full‑time naval service; or (ii) service in the Military Forces of the Commonwealth of the kind known as continuous full‑time military service; or (iii) service in the Air Force of the Commonwealth of the kind known as continuous full‑time air force service; or (b) 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 (c) 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. eligible civilian means a person: (a) who was killed, or detained by the enemy, during World War 2; and (b) who was, at the time the person was killed or first detained: (i) a British subject; and (ii) a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and (c) who was not, at that time: (i) rendering service as a member of the Defence Force; or (ii) employed by the Commonwealth on a special mission outside Australia. enemy means: (a) 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 (b) 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 (c) persons assisting any of those forces. fishing vessel means a ship employed in connection with the occupation of sea fishing for profit. member of a unit of the Defence Force means: (a) a member of the Defence Force; or (b) another person who is: (i) a member of the unit; or (ii) attached to the unit; or (iii) appointed for continuous full‑time operational service with the unit; or (c) 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. member of the Defence Force includes a person appointed for continuous full‑time operational service with a unit of the Defence Force. Note: See also subsection (4) in relation to the Army Medical Corps Nursing Service. member of the Interim Forces means a person who: (a) 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 (b) was appointed for continuous full‑time operational service with a unit of the Defence Force for a term of not more than 2 years; on or after 1 July 1947 and before 1 July 1949. operational area has the meaning given by section 451. period of hostilities means: (a) World War 1 from its commencement on 4 August 1914 to 11 November 1918 (both included); or (b) World War 2 from its commencement on 3 September 1939 to 29 October 1945 (both included); or (c) the period of hostilities in respect of Korea from 27 June 1950 to 19 April 1956 (both included); or (d) the period of hostilities in respect of Malaya from 29 June 1950 to 31 August 1957 (both included); or (e) the period of hostilities in respect of war‑like operations in operational areas from 31 July 1962 to 11 January 1973 (both included). special mission means a mission that, in the opinion of the Commission, was of special assistance to the Commonwealth in the prosecution of World War 1 or World War 2. unit of the Defence Force means a body, contingent or detachment of the Defence Force. World War 1 means: (a) the war that commenced on 4 August 1914; or (b) any other war in which the Crown became engaged after 4 August 1914 and before 11 November 1918. World War 2 means: (a) the war that commenced on 3 September 1939; or (b) any other war in which the Crown became engaged after 3 September 1939 and before 3 September 1945. Allotted for duty (2) 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: (a) 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 (b) 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 (c) 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. (3) An instrument under paragraph (2)(a), (b) or (c) is not a legislative instrument. Army Medical Corps Nursing Service (4) For the purposes of this Chapter, a member of the Army Medical Corps Nursing Service who: (a) rendered service during World War 1, either within or outside Australia; and (b) 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; is taken to have been serving as a member of the Defence Force while rendering that service. Determinations relating to continuous full‑time operational service and member of unit of the Defence Force (5) The Minister may, in writing, determine any of the following: (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; (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. (6) A determination under subsection (5) is not a legislative instrument. End of World War 1 and World War 2 (7) For the purposes of this Chapter: (a) World War 1 is taken to have ended on 1 September 1921; and (b) World War 2 is taken to have ended on 28 April 1952. Note 1: 1 September 1921 is the date fixed by Proclamation under the Termination of the Present War (Definition) Act 1919. Note 2: 28 April 1952 is the date on which the Treaty of Peace with Japan came into force. References to coordinates (8) The coordinates in this Chapter are expressed in terms of the World Geodetic System 1984 (WGS84), as in force from time to time. Part 2—Application of this Act to operational service 443 This Act applies to operational service as if it were warlike service or non‑warlike service This Act applies in relation to operational service that a person is taken to have been rendering as if: (a) the operational service were warlike service or non‑warlike service; and (b) the person who is taken to have been rendering the operational service were a member who had rendered warlike service or non‑warlike service. Part 3—Service that is operational service Division 1—Operational service 444 Operational service—world wars (1) Subject to subsection (3), a person referred to in an item of the following table is taken to have been rendering operational service during any period during which the person was rendering service of a kind referred to in the item. Operational service Item Person Nature of service 1 A member of the Defence Force (a) continuous full‑time operational service outside Australia during World War 1 or World War 2; or (b) continuous full‑time operational service for a period of at least 3 months in that part of the Northern Territory that is north of the parallel 14°30′S (including any of the islands adjoining the Northern Territory) between 19 February 1942 and 12 November 1943 (both dates inclusive); or (c) continuous full‑time operational service during World War 1 or World War 2 rendered within Australia immediately before, or immediately after, a period of continuous full‑time operational service of the kind referred to in paragraph (a) or (b); or (d) continuous full‑time operational service rendered within Australia during World War 2 in such circumstances that the service should, in the opinion of the Commission, be treated as service in actual combat against the enemy 2 A member of the Defence Force who enlisted in the Defence Force while living on a Torres Strait Island (a) continuous full‑time operational service for a period of at least 3 months on that island between 14 March 1942 and 18 June 1943 (both dates inclusive); or (b) continuous full‑time operational service during World War 1 or World War 2 rendered within Australia immediately before, or immediately after, a period of continuous full‑time operational service of the kind referred to in paragraph (a) 3 A member of the naval, military or air forces of a Commonwealth country or of an allied country who was domiciled in Australia or an external Territory immediately before the member's appointment or enlistment in those forces Continuous full‑time operational service during World War 1 or World War 2 rendered: (a) outside that country; or (b) within that country but in such circumstances that the service should, in the opinion of the Commission, be treated as service in actual combat against the enemy Note: Section 19B may affect a person's domicile immediately before appointment or enlistment. (2) A person referred to in an item of the following table is taken to have been rendering operational service during the period, or at the time, specified in the item. Operational service Item Person Relevant period or time 1 A person who was, during World War 1 or World War 2, employed by the Commonwealth on a special mission outside Australia The period during which the person was so employed by the Commonwealth 2 An eligible civilian who was killed, during the invasion of the Territory of Papua or the Territory of New Guinea during World War 2, as a result of action by the enemy The time of the event as a result of which the person was killed 3 An eligible civilian who was detained by the enemy during World War 2 The period during which the person was so detained 4 A person who, while rendering continuous full‑time operational service as a member of the Defence Force within Australia during World War 2, was injured, or contracted a disease, as a result of enemy action The time of the event as a result of which the person was injured or contracted the disease (3) Any continuous full‑time operational service that was rendered during World War 2 by a member of the Defence Force (other than a member of the Interim Forces) on or after the cut‑off date for the member is not taken to be operational service. (4) For the purposes of subsection (3), the cut‑off date for a member of the Defence Force is the date applicable to the member in accordance with the following table. Cut‑off date Item Member Date 1 A member who was appointed or enlisted for war service in any part of the Defence Force that was raised during World War 2 for war service, or solely for service during that war or during that war and a definite period immediately following that war 1 July 1951 2 A member who was appointed or enlisted in the Citizen Forces and was called up for continuous full‑time operational service for the duration of, or directly in connection with, World War 2 1 July 1951 3 A member who served in the British Commonwealth Occupation Force in Japan 1 July 1951, or the date on which the member arrived back in Australia on the completion of the member's service in that Force, whichever is the earlier 4 Any other member 3 January 1949 445 Operational service—Australian mariners (1) A person is taken to have been rendering operational service during: (a) any period of employment outside Australia as an Australian mariner on a ship; or (b) any period of employment within Australia as an Australian mariner on a ship if that period of employment ended immediately before, or started immediately after, the period of employment referred to in paragraph (a). (2) A person who, while employed within Australia as an Australian mariner on a ship, was injured, or contracted a disease, as a result of enemy action is taken to have been rendering operational service at the time of the event as a result of which the person was injured or contracted the disease. (3) A person who was employed within Australia as an Australian mariner on a ship in such circumstances that the employment should, in the opinion of the Commission, be treated as employment in actual combat against the enemy is taken to have been rendering operational service while the person was so employed. (4) Without limiting paragraph (1)(a), a person is taken to have been employed outside Australia as an Australian mariner on a ship in each of the following circumstances: (a) at any time when the person was at a place outside Australia on leave from the ship while the ship was at a port outside Australia; (b) at any time when the person was outside Australia while on the person's way to take up employment as an Australian mariner on a ship; (c) while the person was awaiting return to Australia from employment as an Australian mariner on a ship; (d) while the person was returning to Australia from employment as an Australian mariner on a ship. (5) For the purposes of this section, if a person was employed as an Australian mariner on a ship undertaking a voyage for the purpose of going from a place within Australia to another place within Australia, the person is taken to have been employed within Australia during the whole of the voyage. (6) In this section: Australia does not include an external Territory. 446 Operational service—post‑World War 2 service in operational areas (1) Subject to this section, a member of the Defence Force who has rendered continuous full‑time operational service in an operational area as: (a) a member who was allotted for duty in that area; or (b) a member of a unit of the Defence Force that was allotted for duty in that area; is taken to have been rendering operational service in the operational area while the member was so rendering continuous full‑time operational service. (2) A member of the naval, military or air forces of a Commonwealth country or of an allied country who: (a) was domiciled in Australia or an external Territory immediately before the member's appointment or enlistment in those forces; and (b) has rendered continuous full‑time operational service in an operational area; is taken to have been rendering operational service in the operational area while the member was so rendering continuous full‑time operational service. Note: Section 19B may affect a person's domicile immediately before appointment or enlistment. (3) For the purposes of subsection (1), a member of the Defence Force is, subject to subsection (4), taken to have rendered continuous full‑time operational service in an operational area during the period commencing on: (a) if the member was in Australia on the day (the relevant day) from which the member, or the unit of the member, was allotted for duty in that area—on the day on which the member left the last port of call in Australia for that service; or (b) if the member was outside Australia on the relevant day—on that day; and ending at the end of: (c) if the member, or the unit of the member, ceased to be allotted for duty—the day from which the member, or the unit, ceased to be allotted for duty; or (d) if the member, or the unit of the member, was assigned for duty from the operational area to another area outside Australia (not being an operational area)—the day from which the member, or the unit, was assigned to that other area, or the day on which the member, or the unit, arrived at that other area, whichever is the later; or (e) in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service. (4) If, while rendering continuous full‑time operational service in an operational area, a member of the Defence Force has: (a) returned to Australia in accordance with the Rest and Recuperation arrangements of the naval, military or air forces; or (b) returned to Australia on emergency or other leave granted on compassionate grounds; or (c) returned to Australia on duty; or (d) returned to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Defence Force; only so much of the period of service of the member within Australia after the member's return and while the member: (e) continued to be allotted for du