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1.1.5 Claimants not Eligible

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Last amended: 3 December 2007

Introduction

The following claimants are not eligible for benefits under the VEA.

Women's Land Army - World War 2

The Women's Land Army was formed during World War 2 to work on farms. Its former members are not covered by the VEA, as the Land Army was not attached to a defence force.

Civil Construction Corps - World War 2

The Civil Construction Corps was set up in 1942. During their service it was expressly provided that they should be paid civilian award rates and they should remain members of and contribute dues to the unions to which they belonged. As such, they did not qualify for army entitlements. Although the Commonwealth employed members, they were not attached to a defence force and are not covered by the VEA.

In 1996 the Civilian Service Medal was awarded to members of the Land Army. The medal does not confer eligibility under the VEA.     

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History library - Orders, Medals & Decorations

P1/C9

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Naval Auxiliary Patrol - World War 2

The Naval Auxiliary Patrol's members were volunteers, used their own boats, and maintained them at their own expense. Although some members of the patrol were mobilised for service in 1942 , those members have not been recognised by the navy as full-time members. These members do not qualify as members of a defence force.

Nauru Volunteer Defence Force - World War 2

This force operated from 16 June 1940 to 23 February 1942. The Japanese occupied Nauru after this date. A number of members were Australian and some were granted the Defence Medal. As it was not part of the Australian defence force, its members are not veterans under the VEA.

Indigenous Inhabitants of Papua and New Guinea

There were a large number of indigenous inhabitants of Papua and New Guinea who served with the Australian defence forces. Other indigenous inhabitants served with the Royal Papuan Constabulary or the New Guinea Police Force under Australian Army command.

These persons are not covered by the VEA but by the Papua New Guinea (Members of the Forces Benefits) Act 1957. The Queensland Branch of the Department handles all claims under that Act.

Mariners employed by or assisting the enemy - World War 2

A mariner is excluded from being considered an allied mariner if during the course of their employment as a mariner they:

  • were employed by a country that was at the time of their employment at war with Australia; or
  • were at any time employed:
  • on a ship that operated to, or was operating from, a port in a country that was at the time of their employment at war with Australia; or
  • on a ship that was engaged in trading with a country that was at the time of their employment at war with Australia; or
  • on a ship that was engaged in providing assistance or support to the enemy or to a country that was at the time of their employment, at war with Australia.     
Persons who served in enemy forces or forces assisting the enemy

Certain persons who served in enemy forces or forces assisting those of the enemy are excluded from applying for benefits under the VEA.

Specifically, a person is excluded from being considered an allied veteran if they served in the forces of a country that was at the time of their service either:

  • at war with Australia; or
  • engaged in war-like operations against the Naval, Military or Air Forces of Australia.
  • This exclusion also applies if the forces in which the person served were assisting the forces of a country at war with Australia or engaged in war-like operations against Australia.
Civilians in post World War 2 conflicts

In the conflicts since World War 2, certain individuals and organisations have had an involvement or association with the Australian defence forces but not to the extent that they are entitled to benefits under the VEA.

Such individuals and organisations include:

  • medical and surgical teams (provided under the SEATO aid program);
  • official entertainers, in Vietnam;
  • independent concert parties
  • independent entertainers
  • journalists working for Australian newspapers
  • Australians working as civilians for the US Army
  • persons employed in the [glossary:Hospital Rebuilding Project:]
  • members of the [glossary:Australian Forces Overseas Fund:]
  • merchant seamen who sailed ships chartered by the Government for the transport of supplies

These civilians are not entitled to benefits under the VEA because they are not regarded as members of the Defence Force. However, some may be entitled to benefits under the Safety Rehabilitation and Compensation Act 1988 (SRCA).

Royal Naval Personnel 'on loan' to the Royal Australian Navy

Royal Navy (RN) members who served 'on loan' to the Royal Australian Navy (RAN) are considered to be Commonwealth veterans. They do not have eligibility for either disability compensation under Part II or for treatment under Part V. However, they may have eligibility for service pension as a Commonwealth veteran and be eligible for a Repatriation Pharmaceutical Benefits Card (Orange Card).

Claimants may be able to lodge a claim against the appropriate British authority.

Note: There are a small number of RN 'on loan' veterans who have been provided with disability benefits, including Gold Card, by the Department. Before any action is taken to rescind these benefits the Service Delivery area responsible for “service eligibility” in the Canberra Office should be consulted.    

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DVA Stateline - Royal Navy personnel on loan to Royal Australian Navy – eligibility for benefits

http://sharepoint/Documents/programsandprojects/Royal_Navy_personnel_loan.doc

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Veterans' Entitlements Act 1986.

The Australian Defence Force includes:

  • Australian Army
  • Royal Australian Navy (RAN)
  • Royal Australian Air Force (RAAF)

The Australian Defence Force includes:

  • Australian Army
  • Royal Australian Navy (RAN)
  • Royal Australian Air Force (RAAF)

Veterans' Entitlements Act 1986.

Engaged in providing assistance or support means supplying food, munitions or clothing, or transporting personnel or coal, oil etc.

“enemy means

  • in relation to World War I or World War II - the naval, military or air forces, or any part of the naval, military or airforces, of a State at war with the Crown during that war; and
  • 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; and
  • persons assisting any of those forces.”

War like operations are those military activities where the application of force is authorised to pursue specific military objectives and there is an expectation of casualties.

South East Asian Treaty Organisation.

Member of the Defence Force includes a person appointed for continuous full-time service with a unit of the Defence Force (body, contingent or detachment of the Defence Force).

The Repatriation Pharmaceutical Benefits Card is orange in colour and entitles its holder to obtain pharmaceuticals under the Repatriation Pharmaceutical Benefits Scheme for all their medical conditions. It is for pharmaceuticals only and does not entitle the holder to any form of treatment benefits.