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61.1.3 Coverage of persons specified under S5(6A)

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Section 5(6A) of the SRC Act, which was inserted by the Military Compensation Act 1994 with effect from 7 April 1994, provides that the Minister for Employment and Workplace Relations can extend coverage under the SRC Act to certain other persons associated with the Defence Force. Section 5(6A) states:

5(6A) Without limiting Subsection (6), the Minister may, by notice in writing, declare:

a)that persons specified in the notice, being persons who:

(i)hold an honorary rank in the Defence Force, or

(ii)are members of a philanthropic organisation that provides services to the Defence Force, or

(iii)undertake resettlement training under an arrangement made by the Defence Force;

are, for the purposes of this Act, taken to be employed by the Commonwealth, and

b)that such persons' employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the notice,

and such a declaration has effect accordingly.

A Declaration was made by the Minister under S5(6A) and was gazetted in Gazette GN 39 of 3 October 2001 at pp 2940–42. It extended SRC Act coverage to the classes of person in Column 1 in relation to the acts in Column 2:

Column 1 — Class of person

Column 1 — Class of acts

Persons who hold honorary rank in the Australian Defence Force

Acts performed in connection with the activities of the Australian Defence Force

Accredited representatives of approved philanthropic organisations serving the Australian Defence Force as described in Defence Instructions (General):

a)Australian Red Cross Society (ARCS) (Field Force)

b) Campaigners for Christ – Everyman's Welfare Service

c) The Salvation Army – Red Shield Defence Services

d)Young Men's Christian Association – Defence Forces Division

e)Young Women's Christian Association – Defence Forces Division

f)The Returned and Services League of Australia – Australian Forces Overseas Fund (RSL-AFOF).

Acts performed in connection with the activities of the Australian Defence Force

Persons who are on discharge resettlement training under an arrangement made by the Australian Defence Force

Acts performed in connection with discharge resettlement training under an arrangement approved by the Australian Defence Force

Any such cases are to be referred to the Director of the Policy and Procedures Section, MRCC National Office, Canberra with a recommendation as to liability after a full investigation has been completed.