Basic definition

A Veteran is a person (or deceased person) who has:

• rendered eligible war service, or
• is a [glossary:member of the defence forces:24] who on or after 31 July 1962 was outside Australia, but not on operational service, who was killed or injured by the action of hostile forces.    
  More →

  Eligible War Service

  1.2.2/Eligible War Service

  1.2.2/Operational Service

  More → (go back)

Extended definition for service pension purposes

For the purposes of service pension eligibility the term Veteran also means a person who is:

• a commonwealth veteran; or
• an allied veteran or
• an allied mariner.

Introduction

The majority of persons who meet the definition of a veteran are persons who have [glossary:continuous full time service:44] with the Defence Force (Army, Navy or Air Force) of Australia during WW1 or WW2 or who were [glossary:allotted for duty:321] in an [glossary:operational area:633] after WW2. However, some additional groups are included in the definition in relation to World War 2 and in relation to conflicts since World War 2.

Defence Personnel in World War 2

In World War 2, the definition also includes the following groups:

• persons who performed part-time service with the Citizens' Military Forces, Volunteer Defence Corps or Royal Australian Air Force Reserve;
• Duntroon cadets; and
• RAN midshipmen.

Defence Personnel in Conflicts since World War 2

In the conflicts since World War 2, the definition also includes:

• any reservists rendering continuous full time service in operational areas.

Civilians

Certain civilians can also meet the definition of a veteran. For some of these people, specific provisions of the VEA ensure that they are included in the definition of a veteran. Others are deemed to be either veterans or members of the Defence Force by Ministerial Instrument.

The persons who were not members of the defence force but still meet the definition of a veteran are:

• Merchant Mariners (WW1 and WW2).
• Civilians who participated in [glossary:special missions:287] (WW1 and WW2).
• Residents of Papua and New Guinea (British subjects) who were killed or detained by the [glossary:enemy:542] (WW2 only).
• Representatives of philanthropic organisations attached to the [glossary:Australian defence forces:525] (all conflicts)
• Commonwealth employees attached to the Australian Armed Forces such as personnel belonging to field broadcasting units, telegraphists, [glossary:camoufleurs:268], [glossary:war correspondents:203], photographers, and cinematographers (all conflicts).
• Canteen staff employed by contractors on HMA ships (WW1 to Malayan Emergency).

Commonwealth Veterans, Allied Veterans and Allied Mariners

For service pension purposes, some people meet the extended definition of a veteran through service with the regular Defence Force of a [glossary:Commonwealth:67] or [glossary:Allied country:388] or (in WW2 only) as an Allied mariner.    

Where must Australians have served

• A Veteran of the [glossary:Australian Defence Force:525] must have served in one of the following conflicts or [glossary:operational areas:633] (specified in Schedule 2 of the [glossary:VEA:373]).

Operational service for SP and DCP purposes:

• World War1
• World War 2
• Korea 
• Malaya 
• Federation of Malaya & Singapore
• Malay/Thai Border
• Borneo 
• Malaysia, Singapore & Brunei
• Vietnam 
• Namibia 
• the Gulf
• Cambodia 
• Somalia 
• the former Yugoslavia    
  More →

   

  Section 1.2.2 Operational Service

  Section 1.2.1 Qualifying Service

  1.2.2/Eligible War Service

   

  More → (go back)

• Afghanistan 
• East Timor 
• Rwanda 
• Sierra Leone

Non-operational service for DCP purposes only:

• service with a designated peacekeeping force
• appropriate defence force service
• non-operational service during WW1 and WW2

Duntroon Cadets

During World War 2 cadets at the Royal Military College (Duntroon) formed a corps, which was part of the permanent defence forces under the Defence Act 1903. Even if they did not graduate and serve elsewhere, they qualify as veterans.

RAN Midshipmen

Boys and young men who were appointed to the RAN as midshipmen were officers from the time of their appointment and qualify as veterans. Because of their age on appointment such veterans could be as young as 12 years old while on eligible war service.

What is an eligible civilian

An eligible civilian is a civilian who in World War 2 was:

• killed or detained by the [glossary:enemy:542]
• a British subject, and
• a resident, but not an indigenous inhabitant, of the then territories of Papua and New Guinea.

What types of service are recognised

A person who meets the definition of an eligible civilian has operational service.  Such a person is also accepted as having qualifying service, without need to apply the incurred danger test, provided they were detained by the enemy during the [glossary:period of hostilities:490] that relates to World War 2.    

Note: All qualifying service claims for civilians during World War 2 should be referred to the Veterans' Compensation Policy Section, which has responsibility for qualifying service matters.

Introduction

During World War 1 and World War 2, certain civilians who were employed by the Commonwealth served outside Australia performing [glossary:special missions:287].

What is a special mission

A special mission is a mission that in the opinion of the [glossary:Repatriation Commission:545] was of special assistance in the prosecution of the war. Only the Commission can make a decision on what constitutes a special mission.    

What types of service are recognised

A person who was employed by the Commonwealth on a special mission outside Australia during World War 1 or World War 2 has operational service.

If during the [glossary:period of hostilities:490] that relates to World War 2 such a person incurred danger from [glossary:hostile forces of the enemy:542] in the course of carrying out a special mission, they also have qualifying service.     

Introduction

In each of the conflicts in which Australia has been involved, certain civilians who served with and provided support for the [glossary:defence force:525] have been deemed to be members of the defence force who served on a [glossary:continuous full-time:44] basis. This is done to extend repatriation benefits to these civilians. Such determinations are made under s5R of the VEA.

Ministerial Determination for Certain Civilians - WW2

The persons listed below are to be treated as full-time members of the defence force during WW2:

• if employed by the Commonwealth of Australia and attached to the Defence Force, being

• attached for continuous service, and
• belonging to field broadcasting units as telegraphists, [glossary:camoufleurs:268], [glossary:war correspondents:203], photographers or cinematographers, or
• any other persons during any period when they provided service and assistance to the Defence Force, or

• representatives of an approved philanthropic organisation providing welfare services to the Defence Force.

Ministerial Determination for non-uniformed Aboriginals and Torres Strait Islanders - World War 2

In 1991, the Government formally recognised the contribution made by non-uniformed ATSI personnel who assisted the [glossary:Australian Defence Force:525] in Northern Australia during World War 2. Recognition included the payment of “back pay”, the award of medals by Defence and the extension of Repatriation benefits under the Veterans' Entitlements Act. On 30 March 1992, the Minister for Veterans' Affairs signed a Determination extending eligibility for Repatriation benefits to those concerned by deeming them to be members of the Defence Force who served on a continuous full-time basis.

For a listing of the names of those deemed to be members, see [glossary:Ministerial Determinations:] in the Legislation Library

Ministerial Determination for Certain Civilians - Korean War

The following persons who served in an [glossary:operational area:633] described in Item 1 of Schedule 2 are considered to be full-time members of the defence force:

• persons employed by the Commonwealth of Australia who were attached to the Defence Force and who provided services as personnel belonging to field broadcasting units, as telegraphists, as camoufleurs, as war correspondents, as photographers or as cinematographers; or
• canteen staff on H.M.A. Ships; or
• persons who, as representatives of approved philanthropic organisations provided welfare services to the Defence Force.

Ministerial Determination for Certain Civilians - Malayan Emergency (Item 2)

The following persons who served in an operational area described in Item 2 of Schedule 2 are considered to be full-time members of the defence force:

• persons employed by the Commonwealth of Australia who were attached to the Defence Force and who provided services as personnel belonging to field broadcasting units, as telegraphists, as camoufleurs, as war correspondents, as photographers or as cinematographers; or
• canteen staff on H.M.A. Ships; or
• persons who, as representatives of an approved philanthropic organisation provided welfare services to the Defence Force.

Ministerial Determination for Certain Civilians - Malayan Emergency (Item3)

The following persons who served in an operational area described in Item 3 of Schedule 2 are considered to be full-time members of the defence force:

• persons employed by the Commonwealth of Australia who were attached to the Defence Force and who provided services as personnel belonging to field broadcasting units, as telegraphists, as camoufleurs, as war correspondents, as photographers or as cinematographers; or
• canteen staff on H.M.A. Ships; or
• persons who, as representatives of an approved philanthropic organisation provided welfare services to the Defence Force.

Ministerial Determination for Certain Civilians - Vietnam; Malay/Thai Border; Borneo; Malaysia, Singapore & Brunei; and Vietnam Waters

The following persons who served in an operational area described in Items 4, 5, 6, 7, and 8 of Schedule 2 are considered to be full-time members of the defence force:

• persons employed by the Commonwealth of Australia who were attached to the Defence Force and who provided services as personnel belonging to field broadcasting units, as telegraphists, as camoufleurs, as war correspondents, as photographers or as cinematographers; or
• canteen staff on H.M.A. Ships; or
• persons who, as representatives of an approved philanthropic organisation provided welfare services to the Defence Force.

Commonwealth Veterans

A Commonwealth veteran is a veteran who had .[glossary:continuous full-time service:44] as a member of a [glossary:defence force:525] [glossary:of a:] [glossary:Commonwealth country:67] during a [glossary:period of hostilities:490].

A "defence force established by a Commonwealth country" means:

• the naval, military or air forces of the country; or
• the nursing and auxiliary services of the naval, military or air forces of the country; or
• the women's branch of the naval, military or air forces of the country;

Included in this are:

• Polish nationals who served in the Royal Air Force (Foreign Reserve) from 28 February 1940 to 5 August 1940 (inclusive)
• seamen who signed T124X, T124T or CSP1X agreements who are regarded as members of the Royal Navy

Allied Veterans

An allied veteran is a person who was appointed or enlisted as a member of a defence force established by an allied country and who rendered continuous full time service during a period of hostilities. This definition does not include a person who has served at any time in the forces of a country that was at war with Australia.

• A "defence force established by an allied country" means:
• the regular naval, military or air forces; and
• the nursing or auxiliary services of the regular naval, military or air forces; and
• the women's branch of the regular naval, military or air forces;

raised by an allied country and operated by the country with regular military-like lines of command, that is to say, raised and operated in such a manner that the members of those forces and services:

• were formally appointed to, or enlisted in, those forces or services; and
• were required to wear uniforms or insignia distinguishing them as members of those forces or services; and
• were required to carry arms openly; and
• were subject to the rules and conventions of warfare;

Relevant Conflicts

To have qualifying service, a Veteran of a Commonwealth or Allied Defence Force must have served during the [glossary:period of hostilities:490] that relates to one of the following conflicts.

• World War 1
• World War 2
• Korea 
• Malayan Emergency
• Indonesian Confrontation
• Vietnam     
  More →

  Chapter 1.3 Service in World War 1 and World War 2

  Chapter 1.4 Service Post World War 2

  More → (go back)

Commonwealth and Allied Veterans not recognised after Vietnam

Persons who served in the forces of Commonwealth and Allied Countries after 11 January 1973 are not recognised as veterans under the VEA and are thus not entitled to service pension in respect of service in any conflicts since that date.  The date 11 January 1973 is the end of the period of hostilities that relates to the Vietnam war.     

Introduction

This topic covers service recognised for Australians who served in [glossary:Commonwealth or Allied forces:].

Qualifying service

Qualifying service for a [glossary:member of the forces:694] of a [glossary:Commonwealth:67] or [glossary:allied country:388] who was domiciled in Australia immediately before his or her service in those forces is determined on the criteria for a member of a Commonwealth or allied force for that period of service.     

Operational service

To have service with the forces of a Commonwealth or allied country during WWI or WWII recognised as operational service a veteran must have been domiciled in Australia immediately before his or her appointment or enlistment in those forces and:

rendered [glossary:continuous full-time service:44] during WWI or WWII with a Commonwealth or allied force; and

served outside that Commonwealth or allied country; or

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 [glossary:enemy:542][glossary:.:]

Operational service after WWII for a member of the forces of a Commonwealth or allied country who was domiciled in Australia immediately before his or her appointment or enlistment in those forces is:

continuous full time service in an operational area.

It should be noted that the concept of [glossary:allotment for duty:321] does not apply to persons who served with Commonwealth or allied forces. Allotment is a process administered by the Department of Defence and is applicable only to the defence forces of Australia.     

Domicile

A person's domicile is a key point in determining periods of service with other armed forces. A person acquires an originating domicile from their country of birth. If they permanently move (migrate) to another country, then their current domicile changes to that country.     

Definition

During World War II the governments of some European countries invaded or conquered by the [glossary:enemy:542], went into exile in London or Cairo. During the period the [glossary:government was in exile:546], the forces of the country are regarded as the regular defence forces of that country.    

Governments in exile

[glossary:Allied countries:388] that had governments in exile included:

• Belgium 
• Czechoslovakia 
• France 
• Greece 
• The Netherlands
• Poland    
  More →

  History Library - Commonwealth, Allied and Neutral Countries

  P1/C2/S2

  More → (go back)

A number of irregular forces formed in Europe during World War 2 have been identified. Members of these forces are not allied veterans under the terms of the [glossary:VEA:373].     

Introduction

Australian merchant mariners can be eligible for benefits under the [glossary:VEA:373]. Their service must have been during World War 2.

What is an Australian mariner?

An Australian mariner is a [glossary:master:43], [glossary:officer:332], [glossary:seaman:575] or [glossary:apprentice:27] who was, during World War 2:

• employed 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
• employed 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 he or she entered into the agreement or indenture; or
• employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or
• 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 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.     
  More →

  Section 1.2.1

  Section 1.2.2

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What is an allied mariner?

An allied mariner is a person who:

• was during the period of World War 2:

1. a [glossary:master:43], [glossary:officer:332] or [glossary:seaman:575] employed under agreement, or an [glossary:apprentice:27] employed under indenture:

• in sea-going service on a [glossary:ship:] that was engaged in trading; or
• employed in a lighthouse tender or pilot ship; or
• employed in sea-going service on a ship operated by, or on behalf of, a foreign country; or

(b)              employed as a pilot; and

• was at any time during the course of that employment on a ship that was:

•    operating from a port in Australia or a [glossary:Commonwealth:67] or [glossary:Allied country:388]; or
•    engaged in trading with Australia or a Commonwealth or Allied country; or
•    engaged in providing assistance or support to the Defence Force, or to the forces, or any part of the forces, of a Commonwealth or Allied country; or
•    [glossary:engaged in providing assistance or support:661] to Australia or a Commonwealth or Allied country.

Automatic disqualification

Mariners who were employed on ships operated by the [glossary:enemy:542] or engaged in trading with the enemy are excluded from the definition of an allied mariner and are therefore not entitled to benefits under the VEA.     

Detention by the enemy

An allied mariner detained by the enemy, will have rendered qualifying service.     

Danger from hostile forces

An allied mariner has rendered qualifying service if they served in an area that would have entitled them to the award of a campaign medal if they had been a member of a Defence Force and incurred danger from hostile forces of the enemy.     

The question of ‘what is incurred danger’ has been tested in a number of Federal Court decisions[1]. Following these decisions, DVA holds the view that danger is not incurred by merely perceiving or fearing danger. It is incurred when a person is exposed to, or in peril of, actual physical or mental injury or harm from hostile forces.

Delegate assessment of incurred danger

Delegates have to make an objective assessment of the military realities of the claimant's circumstances. They must be reasonably satisfied that the claimant was exposed to, at risk of, or in peril of harm or injury from hostile forces of the enemy. 

How may it be established that a person ‘incurred danger’

Establishing whether specific events occurred during a conflict can be particularly difficult.  Nevertheless, as with every other element of a claim, the assertion that danger was incurred must be supported by objective, external evidence. 

Further, the evidence must be sufficient to permit a delegate to be satisfied that (per the balance of probabilities standard) it was more likely than not that the claimant was in peril of actual physical or mental injury or harm from hostile forces. 

It is clear that there may be instances during conflicts where certain individuals alone are at peril of harm.

However, activities or events that place a unit, ship, or aircrew in peril of injury or harm from hostile forces of the enemy are such that every member of that unit, ship or aircrew may be considered to have incurred danger.

This does not imply that simply being a member of the ADF is sufficient evidence of being at peril of harm from hostile forces.   Further, exceptions to this principle may be provided by evidence that an individual demonstrably was not subject to danger.

The following case studies (Creyke and Sutherland 2015) [2] provide examples of claims where danger was found to have been incurred, and situations where the claim was not accepted.

Case studies: Danger incurred

• Re Trott and Repatriation Commissioner (2004): service on the British aircraft carrier HMS Centaur in Far East Waters during the Confrontation with Indonesia in 1964.

• While no specific incidents of danger were recognised by the (Administrative Appeals) Tribunal, it found Trott had incurred danger because his ship was an active participant in fleet air and sea operations against hostile forces.

• The fire fights between allied and Indonesian forces and Indonesian Shore Battery attacks on allied forces in the Malacca and Singapore Straits clearly shows that HMS Centaur, and its passage of these Straits, was in the presence of an armed enemy, capable of prosecuting their cause and causing harm or injury to the ship and its crew.

• Re Carlyon and Repatriation Commission (1998): service in Townsville between May and December 1942.

• During this period the city was bombed on three occasions, one bomb landing no more than two kilometres from where the veteran was stationed.

• The Tribunal found that the veteran did not need to have suffered actual physical or mental injury in order to incur danger.

• Re Bray and Repatriation Commission (1997): a military member of the Australia New Guinea Administrative Unit (ANGAU) was operating in a war-zone – the Southwest Pacific Theatre – in 1944-45.

• Bray was involved in signals on Yule Island and this represented direct involvement against the enemy during the currency of the war.

Danger NOT incurred

• Re Poppi and Repatriation Commission (2008): service in Townsville after the raids, at the end of July 1942, guarding two unexploded bombs on or near the beach until a bomb disposal team arrived from Melbourne.

  • On the basis of service records, the Tribunal did not accept that the incident occurred, and held that, even if it had occurred, standing guard in these circumstances did not suggest Mr Poppi incurred danger in the sense that he was ‘exposed, at risk or, or in peril of harm or injury.

  • Re Verth and Repatriation Commission (2001): a “Commonwealth veteran” on operational service at Simmangang airfields in Sarawak near the Indonesian border for several weeks in 1963.

    • While he may have considered himself in danger, both airfields were secure, his period at Simmangang was of few weeks duration and at a time when civilians were permitted in the area and by his own admissions no incidents occurred which would have exposed him to peril, harm or injury.

    • This decision was upheld on appeal by the Federal Court in Verth v Repatriation Commission (2002).

• Re Gittoes and Repatriation Commission (1990): the vehicle Gittoes was driving was fired on, on two consecutive days, during service in Labuan, off North Borneo, now Malaysia, between 2 October 1945 and 11 January 1946, following the official surrender of the Japanese.

  • The Tribunal notes that there was no direct evidence of the identity of the parties that opened fire. It could only be speculation that it was a Japanese straggler. It might equally have been local tribesmen, mischievous children or disgruntled Malays.

Periods of service when the incurred danger test applies

Australian Defence Force Members

Per s7A(1)(a)(i), the incurred danger test is relevant to claims for qualifying service by ADF members in regard to service during World War I and World War II only.

The Repatriation Commission has deemed the following aspects of World War II service, as qualifying service, without the requirement to apply the incurred danger test:

Service outside Australia during World War II:

• in any area other than the West Pacific area from 3 September 1939 to 5 May 1945 inclusive;

• in the West Pacific area (except Papua and New Guinea and New Britain) from 3 September 1939 to 15 August 1945, as bounded by:

  • in the west, longitude 90 degrees east (the meridian intersecting the coast of modern Bangladesh);

  • in the east, longitude 165 degrees east;

  • in the south, latitude 10 degrees south (including Papua and New Guinea); and

  • in the north, by and including the eastern regions of the Asian continent.

• Papua and New Guinea, including New Britain, from 7 December 1941 to 15 August 1945; or

• In an aircraft engaged in operations against hostile forces, or in patrols of reconnaissance over land occupied by hostile forces in one of the areas above during the periods prescribed above.

Service within Australia during World War II:

• of three continuous months or more in the Northern Territory north of latitude 14.5 degrees south, and the islands contiguous to that part of the Northern Territory, between 19 February 1942 and 12 November 1943;

• in the coastal waters from Exmouth Gulf to Thursday Island, between 19 February 1942 and 12 November 1943, without qualification as to the length of service in that area;

• of three continuous months or more in the Torres Strait Islands between 14 March 1942 and 18 June 1943;

• in the waters travelling to, or outside the three-mile limit of the Torres Strait Islands, between 3 September 1939 and 16 September 1943

Service during World War II but not in one of the places and at the time described above, may still provide qualifying service if the claimant is able to provide details of the danger they incurred from hostile forces of the enemy before 29 October 1945.

Post-World War II service used the allotment process from 1950 until this system was in turn replaced when Defence introduced the concept of warlike and non-warlike service in 1993. These new concepts were reflected in the VEA in 1997 and continue to apply today.

Allied or Commonwealth veterans

Eligibility for qualifying service by an Allied or Commonwealth veteran requires satisfaction of the incurred danger test, and is relevant to service during one of the following periods of hostilities only:

• World War I (4 August 1914 – 11 November 1918);

• World War II (3 September 1939 to 29 October 1945);

• Korea (27 June 1950 to 19 April 1956);

• Malaya (29 June 1950 to 31 August 1957);

• Vietnam and Malaysia (Confrontation) (31 July 1962 to 11 January 1973).

Introduction

Commonwealth veterans can be eligible for a service pension if they have qualifying service for conflicts which involved the Australian defence force.

Service requirements

To have qualifying service, Commonwealth veterans must have served:

• during a period of hostilities, and
• as a member of a defence force established by a Commonwealth country, and
• in connection with war or war like operations in which the defence forces of Australia were engaged, and either
• incurred danger from hostile forces of the enemy in an area outside that country, or
• was awarded or was eligible to be awarded a campaign medal for service within that country.

Introduction

Allied veterans are can be eligible for a service pension if they have qualifying service for conflicts which involved the Australian defence force.

Service Requirements

To have qualifying service, Allied veterans must have served:

• during a period of hostilities, and
• as a member of the defence force established by an allied country, and
• in connection with war or war like operations in which the defence forces of Australia were engaged, and
• incurred danger from hostile forces of the enemy.

Introduction

Allied mariners are only eligible for a service pension if they have WW2 qualifying service.

Service Requirements

Allied mariners have qualifying service if they:

• were detained by the enemy, or
• served in an area where if they had been a member of the Defence Force they would have been entitled to the award of a campaign medal, and
• incurred danger from hostile forces of the enemy.     
  More →

  Section 1.1.4 Allied Merchant Mariners

  Section 1.2.1 Incurred Danger

  Section 1.2.5 Merchant Mariners' Evidence of Service

  History Library - Enemy Forces

  P1/C2/S4

  More → (go back)

Warlike service

A veteran whose service is recognised as warlike service has both qualifying service and operational service.  Accordingly, such a person's service makes them eligible for both service pension and disability compensation payment.

What is warlike service

Warlike service is service of a kind that is determined to be warlike service by the Minister for Defence.

The Minister for Defence recognises service as warlike where a person or unit has been involved in warlike operations.

What are warlike operations

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

Such operations can encompass but are not limited to:

• a state of declared war;
• conventional combat operations against an armed adversary; and
• peace enforcement operations.

Applicability to future conflicts

In all future conflicts in which Australian forces are engaged, the service of those involved will be deemed to be either warlike service or non-warlike service by the Minister for Defence.

Applicability to past conflicts

The Minister for Defence may also make a determination that service in any past conflict is warlike or non-warlike service.

What are peace enforcement operations

Peace enforcement operations are military operations in support of diplomatic efforts to restore peace between aggressive parties who may not be consenting to intervention and may be engaged in combat activities.  Typically, these operations are conducted under chapter VII of the UN Charter, where the application of all necessary force is authorised to restore peace and security or other like tasks.

Determinations of warlike service

The Minister for Defence recognises service as warlike service by issuing a Ministerial Determination listing the places where, and times during which, a person or unit must have served.

For a listing of all Ministerial determinations of warlike service see Ministerial Determinations in the legislation library.

Definition

A person has eligible war service if they have:

• operational service; or     
  More →

  1.2.2/Operational Service

  Section 1.2.5 Evidence of Service

  More → (go back)
• continuous full-time service (not being operational service) as a member of the Defence Force during World War 1; or     
  More →

  Section 1.2.3 Requirement for Continuous Full-time Service

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• continuous full-time service (not being operational service) as a member of the Defence Force during World War 2, being service that commenced before 1 July 1947; or     
  More →

  Section 1.4.1 Interim Forces

  Section 1.5.1 WW1 and WW2

  Section 1.5.2 Post WW2

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• been employed on a ship as an Australian mariner During WW2, to 29 October 1945.     
  More →

  1.1.4/Australian Merchant Mariners

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Definition

Operational service is generally service performed:

• outside Australia,
• during war-like operations in which the Australian Defence Force was involved, and
• in areas where the incurred level of risk is considered above that of normal peacetime conditions

The hostilities in which claimants can have operational service are summarised below.

World War 1 & 2 Operational service - outside Australia

During World War 1 & 2, a person serving outside Australia has operational service if they had:

• continuous full-time service,     
  More →

  Section 1.2.3 Requirement for Continuous Full-time Service

  More → (go back)
• as a member of the Defence Force,
• outside Australia,
• during the periods:

• 4 August 1914 to 1 September 1921 in WW1
• 3 September 1939 to 1 July 1951 in WW2 - if joined prior to 1 July 1947.

Service immediately before or immediately after a period recognised as operational service is also counted as operational service.  This does not apply if service is not continuous.  If a person is stationed in Australia at all times, but travelled from one place in Australia to another and thereby were for short periods of time outside Australia, they should not be considered to have served outside Australia.     

World War 2 Operational service - Northern Territory

The dates of the bombing raids determine Operational Service within Northern Territory.

A person serving in the Northern Territory during World War 2 has operational service if they served:

• as a member of the D — efence F — orce,
• for a continuous period of not less than three months between 19 February 1942 and 12 November 1943, inclusive, and
• in a part of the Northern Territory or the adjoining islands north of 14 degrees 30 minutes south parallel of latitude.
• service immediately before or immediately after this period of operational service is also counted as operational service.     
  More →

  History Library

  P1/C2/S7/Enemy Raids on Australia 1942-43

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World War 2 - Other operational service

Other operational service during World War 2 is service which involved:

• the veteran being injured, contracting a disease or dying as a result of enemy action, or
• in circumstances that should be treated as actual combat against the enemy,
• provided the veteran was:

• a member of the D — efence F — orce,
• rendering continuous full-time service,
• within Australia, and
• during the period 3 September 1939 to 15 August 1945.
• This does not extend operational service to eligible war service.

World War 2 Operational service - Australian Mariners

With effect from 1 July 1994, eligible mariners are veterans for benefits under the VEA.  The term Australian Mariner is described in s5C of the VEA.

An Australian Mariner is taken to have rendered operational service during World War 2 while employed on a ship:

• outside Australia; or
• within Australia if that period of employment ended immediately before, or started immediately after, the period of employment outside Australia; or
• within Australia, was injured, or contracted a disease, as a result of enemy action; or
• within Australia in such circumstances that the employment should, in the opinion of the Commission, be treated as employment in actual combat against the enemy.     
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  Section 1.4.1 Post World War 2 Operations

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Post World War 2 Operational service

Post World War 2 operational service must be service performed:

• on a continuous full-time basis outside Australia,
• as a member of a unit allotted for duty,
• in an [glossary:operational area:633], and
• during the appropriate period.

Operational service in respect of the Malayan Emergency, Indonesian Confrontation or North-East Thailand (including Ubon) is service as a member of the Defence Force who, or a member of a unit of the Defence Force that:

• was assigned for service in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957, or
• was assigned for service in North East Thailand (including Ubon) at any time during the period from and including 31 May 1962 to and including 24 June 1965, or
• was at any time during the period from and including 1 August 1960 and including 27 May 1963, in the area comprising the territory of Singapore and or the Federation of Malaya, or
• served in an operational area as a person allotted for duty, or a member of a unit that was allotted for duty, in that operational area.

Operational service starts on:

• the day the veteran departed the last Australian port of call when allotted, or
• the date of allotment if the veteran was outside Australia.

Operational service ends on the day the veteran:

• reached Australia following completion of the allotted duty or,
• returned to the place from where they were allotted for duty, or leave the operational area if not returning to that place, if not returning to Australia.

Short Periods Outside an Operational Area

Periods of operational service are not broken by Rest and Recuperation arranged by the relevant service (eg Japan during the Korean War) or when the person returns to Australia for a period of 14 days or less for:

• emergency or compassionate leave; or
• duty; or
• Defence arranged medical or surgical treatment, provided the person:

• was still a member of a unit of the Defence Force; and
• was allotted for duty in an operational area; or
• continued to be allotted for duty in an operational area.

If the break exceeds 14 days, only the first 14 days of the break is operational service.

Example:  Break exceeds 14 days

A member of the Army was serving in Vietnam when his wife was killed in a motor car accident. He returned to Australia on compassionate leave. As he was unable to arrange permanent care for his children, he applied for and was granted a posting to another unit after he had been in Australia for three weeks. His operational service ends at the end of fourteen days after his return as this is earlier than the date of his re-posting.

Warlike Service or Non-Warlike Service - operational service criteria

A veteran may also have operational service if he or she has service that is determined to be warlike service or non-warlike service by the Minister for Defence.     

Port to Port provisions do not apply to declarations of warlike and non-warlike service.  For warlike and non-warlike service, a person is rendering operational service only while they are in the area of operations as defined by the relevant instrument.  The voyage to and from the operational area is not operational service.

Introduction

A veteran whose service is recognised as non-warlike service has operational service.  Accordingly, such a person has service that may make them eligible for disability compensation payment.

Applicability to future conflicts

In all future conflicts in which Australian forces are engaged, the service of those involved will be determined to be either warlike service or non-warlike service by the Minister for Defence.

Applicability to past conflicts

The Minister for Defence may also make a determination that service in any past conflict is warlike or non-warlike service.

What is non-warlike service

Non-warlike service is service of a kind that is determined to be non-warlike service by the Minister for Defence.

What are non-warlike operations

Non-warlike operations are those military activities short of warlike operations where there is a risk associated with the assigned tasks and where the application of force is limited to self defence.  Casualties could occur but are not expected.  These operations encompass but are not limited to:

• Hazardous activities that expose individuals or units to a degree of hazard above and beyond that of normal peacetime duty, such as:

• mine avoidance and clearance;
• weapons inspection and destruction;
• Defence Force aid to civil power;
• service protected or assisted evacuations; and
• other operations requiring the application of minimum force to effect the protection of personnel or property.

• Peacekeeping operations that involve military personnel, without powers of enforcement, to help restore and maintain peace in an area of conflict with the consent of all parties, such as:

• activities short of peace enforcement where the authorisation of the application of force is normally limited to the minimum force necessary for self defence;
• activities, such as the enforcement of sanctions in a relatively benign environment which expose individuals or units to hazards as described for hazardous activities above.
• military observer activities with the tasks of monitoring ceasefires, re-directing and alleviating ceasefire tensions, providing 'good offices' for negotiations and the impartial verification of assistance or ceasefire agreements.

• Activities involving the provision of humanitarian relief other than normal peacetime operations such as cyclone or earthquake relief flights or assistance.

Determinations of non-warlike service

The Minister for Defence recognises service as non-warlike service by issuing a Ministerial Determination listing the places where, and times during which, a person or unit must have served.

For a listing of all Ministerial determinations of non-warlike service see Ministerial Determinations in the legislation library.

Introduction

Since 1947 personnel of the defence forces of a number of nations have been used in a peacekeeping role. Australians who have taken part in Peacekeeping Forces include:

• Australian Defence Force members, and
• members of State, Territory and Federal police forces.

Australians employed by the United Nations organisation or private or other government welfare or philanthropic organisations during a peacekeeping period are not members of a Peacekeeping Force as they are not part of an Australian contingent.     

Definition

Peacekeeping service is defined as service with a Peacekeeping Force outside Australia. It includes:

• Any period after appointment or allocation to the Peacekeeping Force during which the person travelled outside Australia to join the Peacekeeping Force.
• Up to 28 days of authorised travel outside Australia after the person ceased to serve with the Peacekeeping Force or left the area specified in the VEA, and applies to the journey from that area or duty to the next duty assignment or return to first port in Australia.

Under the Veterans' Entitlements Act 1986 VEA, s68(1) and (3) a Peacekeeping Force needs to be:

• described in an item of Sched 3 of the VEA, or if part of a larger force
• an Australian contingent authorised or approved by the Australian Government.

Peacekeeping Forces exist from the date specified in Column 3 of Sched 3 of the VEA. Peacekeeping service ends once the member ceases to be a member of the Peacekeeping Force or the Peacekeeping Force ceases to exist. Specific Instruments from the Chief of the Defence Force are issued from time to time to confirm start dates for Australian involvement.

Who qualifies as a member of a Peacekeeping Force?

To qualify as a member of a Peacekeeping Force, a person needs to:

• have served as an Australian member of a Peacekeeping Force outside Australia; or
• have served as a member of the Australian contingent of a Peacekeeping Force.

Most claims are received from members of the Defence Force who have served as part of an Australian contingent or as Australian members of a smaller Peacekeeping Force. However, membership of a Peacekeeping Force for the purpose of the VEA is not restricted to members of the Defence Force, but includes Australian police personnel attached to Peacekeeping Forces.

Members of Territory, State and Australian Federal Police services have served with the Peacekeeping Force in Cyprus since 1964. Since then, Police members have served with Peacekeeping forces in a variety of locations, including Cambodia, Haiti and Mozambique. Such persons are members of a Peacekeeping Force and eligible under the VEA for compensation.

It is important to note that, although compensation and treatment coverage under the VEA ceases for members of the Australian Defence Force on and from 1 July 2004 with the commencement of the Military Rehabilitation and Compensation Act 2004, this did not close coverage for Police members. As such, VEA eligibility continues after this date for Police peacekeepers on certain operations.

VEA coverage continues past 1 July 2004 for Police members with service on the following Peacekeeping operations:

• United Nations Force in Cyprus - 14 May 1964 – June 2017
• The Australian Police Contingent of the United Nations Mission in Support of East Timor (UNMISET) - 20 May 2002 – 20 May 2005
• The Australian Police Contingent of the Regional Assistance Mission Solomon Islands (RAMSI) - 24 July 2003 – 30 June 2017
• The Australian Police Contingent of the United Nations Mission in Sudan (UNMIS) - 1 January 2006 – 9 July 2011

It should be noted that although VEA coverage exists for service by Police members on UNMIS, this does not extend to the subsequent Peacekeeping operation established by the UN for the newly-independent nation of South Sudan (UNMISS).

It is understood that since 2005, a number of international deployments of Police members have been covered under the Safety, Rehabilitation and Compensation Act 1988 administered by Comcare. These deployments may also attract compensation entitlements under ‘top-up’ provisions administered by the Australian Federal Police.

Separately, Australians who were United Nations Organisation employees or the employees of private or government welfare organisations during the time of a peacekeeping mission do not meet the definition of members of a Peacekeeping Force. As such, they do not have eligibility under the VEA.

Definition

Hazardous service is a service type determined by the Minister of Defence. It covers service which exposes individuals or units to a degree of hazard beyond that of normal peacetime duty.

A person can qualify as a member of the Forces prior to the completion of three years service if he or she has rendered hazardous service.

Where a person has undertaken hazardous service, but not completed the minimum period for which they were engaged, or appointed only incidents related to the period of hazardous service can be accepted as defence caused.

Declarations of hazardous service

The following table lists the declarations of hazardous service by the Minister for Defence.     

For details of the specific determinations, see the Service Eligibility Assistant.

Definition

Defence service is service -

on a continuous full time basis with the Australian Defence Force,     

• between 7 December 1972 and 6 April 1994 (inclusive); and
• for a period considered to be “effective full-time service”.
• Defence service excludes operational, hazardous and peacekeeping service.     
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  1.2.2/Operational Service

  1.2.2/Hazardous Service

  1.2.2/Peacekeeping Service

   

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Preservation of eligibility for defence service from 7 April 1994

For 'preservation of eligibility', for defence service from 7 April 1994 a person must have:

• been rendering full-time service immediately before the commencement of the VEA on 22 May 1986; and
• continued to render continuous full-time service up to and including 7 April 1994, and
• immediately before 7 April 1994, been bound to render continuous full-time service for a term expiring on or after 7 April 1994.
• Any person who served from 7 April 1994 will not have rendered defence service unless their eligibility has been preserved.
• Any person, except someone discharged on medical grounds, who joined after 7 April 1991 will not qualify.     
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  Section 1.2.5 Evidence of Service

   

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Example:  Eligibility for Defence Service preserved

A member of the Defence Force with continuous full-time service from 1 February 1986 to 1 December 1995.

As this member of the Defence Force commenced service prior to the VEA they are considered to be preserved. Therefore, a claim for Disability Compensation Payment based on an injury incurred at any time during this whole period of service may be made.

Example:  Eligibility for Defence Service not preserved

A member of the Defence Force with continuous full-time service from 1 March 1989 to 1 January 1995.

As this member of the Defence Force commenced after the VEA they are NOT considered to be preserved. Therefore, a claim for Disability Compensation Payment can only be made if based on an injury incurred prior to 7 April 1994.

Relevance of continuous full-time service

A period of continuous full-time service is required by a member of the Defence Force if they are to be considered as having eligible war service, operational service or defence service and access to the benefits associated with those forms of service.     

Definition

Continuous full-time service is defined in s5C(1) of the VEA. The definition is such that any service of the following types is regarded as continuous full-time service:

• continuous full-time naval service;
• continuous full-time military service; and
• continuous full-time air-force service.

Basically, this means that the person must have served with one of the three branches of the Defence Force on a continuous full-time basis, as opposed to a part-time basis.

Definition

Effective full-time service is essentially any period of continuous full-time service by a member of the Defence Forces, less certain periods during which the member would not have been able to perform his or her normal duties.     

Relevance of effective full-time service

Generally, a member of the defence force must have accrued a specific period of effective full-time service to have access to the benefits associated with defence service.

Required period of effective full-time service

The period of effective full time service required is three years. However, lesser periods may be accepted if a member's service ceases by reasons of the members death, or discharge on the grounds of invalidity, or physical or mental incapacity.     

Absences and offences

The periods that are not counted towards effective full-time service are any period in excess of 21 days during which a member was:

• on approved leave of absence
• absent without leave
• awaiting or undergoing trial for an offence which results in a conviction or
• undergoing detention or imprisonment for either a military or a civil offence.     
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  1.2.4/Relevance and Meaning of Effective Full-time Service

  1.2.4/Discharge Prior to Completion of Period of Effective Full-time Service

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Officer training

Time spent undertaking officer training schemes run by the defence forces is not counted toward effective full-time service unless the person is subsequently commissioned as an officer.

Who are National Servicemen

National servicemen are persons who were required as young men to perform two years or 18 months of full-time service in the Army if the date of their birthday was selected by ballot. The scheme commenced on 31 July 1962 and was discontinued on 11 January 1973.

Exemption from 3 years effective full-time service requirement

If a [glossary:national serviceman:677] completed a period of service after 6 December 1972, the period of service after that date is recognised as defence service without need to meet the requirement for 3 years effective full-time service, provided the person has:

• completed a period for which:

• they were deemed to be engaged to serve, or
• for which they were appointed, or

• been discharged for medical reasons after 6 December 1972.     
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  1.2.4/Relevance and Meaning of Effective Full-time Service

  1.1.2/Civilians Deemed to be Full-time Members of the Defence Force

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Limitations concerning pr-existing conditions do not apply

The limitations concerning pre-existing conditions, covered under Discharge Prior to Completion of Effective Full-time Service, do not apply to national servicemen.     

Reasons for eligibility before three years service

A person who does not complete the period of their engagement in the forces may still be considered as a member of the forces and as having defence service even if they have not completed 3 years of effective full-time service.     

The period of service can be less than 3 years where the person's service ceases for reasons of:

• medical discharge, or
• death.

Medical discharge

A person can be discharged on the grounds of:

• invalidity, or
• physical or mental incapacity to perform their duties.

If the person is discharged on medical grounds for a physical or mental condition that existed prior to their enlistment, the person does not have defence service unless they:

• completed 12 months effective service, or
• completed at least 6 months service and the period of service contributed to in a material degree or aggravated the physical or mental condition resulting in the termination of service.

Discharge for the purpose of being appointed an officer

If a person is discharged from the defence force before the completion of three years in order to take an appointment as an officer, the discharge does not cancel their service for determining eligibility. Their relevant service is extended by the new appointment.

Evidence provided by the claimant

When a claim for service pension or Disability Compensation Payment is made, it is expected that veterans will provide any documentary evidence in their possession to support the claim. These documents include:

• a discharge certificate,
• certificate of service, or
• payslip.     
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  Section 1.1.1

   

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Service documents from the Department of Defence

You can obtain service documents from the Department of Defence. Claimants should not be directed to approach the Department of Defence for information.     

Retrospective allotment - not on service documents

Where a veteran is allotted for duty retrospectively, their allotment status may not appear on their service records.  In these cases, a statement of service should be requested from the Department of Defence.

Documents in lieu of service documents

For veteran's of the Australian Defence Force, a discharge certificate or certificate of service may be used in lieu of service documents if:

• the certificate is legible,
• free from alterations or erasures,
• contains enough information to show the veteran rendered the appropriate service, and
• the veteran can be identified as the person on the certificate.

Introduction

Some cases involving Commonwealth and allied ex-service personnel may be more difficult to determine than Australian personnel depending upon the available evidence. It is important that original documents are seen.  Certified translations are required.     

Commonwealth Veterans

Commonwealth veterans may hold similar records to a veterans of the Australian Defence Force, that is:

• a discharge certificate,
• certificate of service, or
• paybook.

Allied Veterans

An allied veteran may provide evidence of service in the form of:

• discharge certificates
• paybooks
• campaign medals and certificate or citation of campaign awards
• citations

In the absence of service documents a Statutory Declaration should be requested.     

Mariners

Mariners should be able to provide some documentation to support their claim including:

• discharge certificates
• certificate of qualifications
• accounts of wages
• certificate of service

Allied mariners should be able to provide similar documentation to Australian Mariners however if this is unavailable they need to make a statutory declaration.     

relevant merchant mariner and ship movements

For verification of relevant merchant mariner and ship movements see the Australian Maritime Safety Authority microfiche records located in the Income Support or Veterans' Compensation Benefits areas in each State.

If any of the evidence for service is misplaced or unavailable then the claimant making the claim needs to make a statutory declaration stating:

• full particulars and history of service,
• what documents (if any) there were and how they were lost, and
• details of the danger incurred by the person from hostile forces of the enemy (for service pension claims),
• names and addresses of any witnesses who can corroborate the service record.
• Where a statutory declaration corroborates a service claim, it must provide details of how and why the person making the declaration is able to confirm the claimants service, such as:
• they were recruited together,
• they trained together,
• they served together.     
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  Section 1.2.5

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Qualifying service

World War 1 veterans who served in the [glossary:Australian defence forces:525] have qualifying service if they served:

• between 4 August 1914 and 11 November 1918 (both dates included), and
• were engaged in operations against the enemy at a time when they incurred danger from hostile forces of the enemy

It is departmental policy to deem World War 1 vets to have met the criteria to have been engaged in operations against the enemy and incurred danger if they served:

• beyond the coastal waters of Australia, or
• outside the Dominion of enlistment.     
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  Section 1.2.1

  Section 1.2.2

  1.5.1/World War 1 - Periods and Places

  Section 1.2.3

  Section 1.1.1

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Operational service

A person has operational service if they served:

• on continuous full time service
• as a member of the defence force
• outside Australia during the period 4 August 1914 to 1 September 1921 (both dates included).

The Royal Australian Naval Brigade (RANB) was a division of the Citizen Naval Forces during World War 1 and the immediate post war period. Members were either volunteers or compulsory trainees who served shore duty or sea duty.

[glossary:Attested:610] members of the force rendered operational service if they:

• volunteered for sea duty, or
• were in Naval expeditionary forces overseas.

Attested members who served on shore only rendered eligible service but not operational service.     

Following the Armistice in Europe on 11 November 1918, some Australians performed further service against the Russian Bolshevik forces and in Kurdistan. Australians who served with one of the following before 21 September 1921, are recognised as having operational service:

• British Army in Russia
• British Army in Kurdistan
• North Russian Relief force
• Elope force

After 1921, Australian volunteers who remained Australian soldiers are recognised as having operational service.

After 1921, Australian volunteers who joined the British Army and helped the White Russian forces do not have operational service.     

Note: For a complete list of eligible veterans contact National Office, Legal Services Branch.

Last amended: Former Coastal Waters Policy – Qualifying Service

The Repatriation Commission decision of 28 June 1965 became known as the “coastal waters policy”.  The coastal waters policy conceded QS for members of the Australian Defence Force if they served in Australian coastal waters within particular dates in specific areas during World War 2.  Although this policy received Cabinet agreement on 7 July 1965, the VEA was never amended to reflect this policy.

Courts' Interpretation of Qualifying Service Law

The Courts and Tribunals have indicated that any policy approach to qualifying service, including the so called ”coastal waters policy”, must be in accordance with the law.  The Full Federal Court decision in Walter Harold Thompson v Repatriation Commission (1988), a leading 'coastal waters' case, is binding on the Repatriation Commission and all delegates.  This decision outlined the description of “incurred danger” and indicated that the test in the VEA could only be met if, when looked at with the advantage of hindsight, the evidence shows that the veteran was actually in danger from hostile forces of the enemy.  The law requires there to be danger to the person from the enemy while that person was involved in operations against the enemy.

Such cases may involve claims of danger from enemy mines, submarines, air raids, shelling or even enemy presence.  The details of cases of this nature need to be examined individually regarding their specific circumstances for determining qualifying service.

Current – Qualifying Service Determinations

In summary there is no longer a “coastal waters” policy as it has been overtaken by decisions in the Courts.  The determining criterion for qualifying service for World War 2 is and was:

• having rendered service during a period of hostilities and
• having been engaged in operations against the enemy while
• actually incurring danger from hostile forces of the enemy.

Last amended: 2 December 2008

Qualifying service is conceded in the Northern Territory between 19 February 1942 and 12 November 1943 (the dates of the first and last air attacks) for an Australian Defence Force (ADF) member who served in this area for:

• 3 months; or
• A single day during a bombing raid.

Three Months' Service

Qualifying service is conceded to apply for ADF members who served for more than three months in the Northern Territory.  This is because a person there for any three month period within the dates listed above would have been in the area when a Japanese attack occurred somewhere above the 14 degree 30 minute parallel.

Less Than Three Months' Service

All other cases are judged on their individual merit.  An ADF member must show they incurred danger from hostile forces of the enemy.  The only time qualifying service is rejected is where a person was not in the general area of the bombing raid, and consequently did not incur danger.    

Last amended: 2 December 2008

In these cases there are two considerations to a claim.  The first is whether the member of the Australian Defence Force (ADF) was performing a military task in the area that can be said to be in operations against the enemy.  The second is the member's location in relation to the danger such as the enemy presence or the impact of the bomb, shell or torpedo and can be said to have incurred danger.  Each claim must be considered on its merits and in accord with the Veterans' Entitlements Act 1986 but some guidelines on who may qualify for some of the more well-known 'single incidents' claims are listed below.

Sydney Harbour (Garden Island)

During the Japanese midget submarine attack that sank HMAS Kuttabul on the night of 31 May 1942, a member of the ADF who was on the harbour at the time HMAS Kuttabul was sunk could be considered to have incurred danger.  If they were actually involved in a military task then they would have qualifying service.  This is the approach determined by the AAT and the Federal Court.

Townsville

The AAT and the Courts have addressed claims arising from the bombing of Townsville where a rule of thumb has been established that the immediate area of danger is limited to within a 2km radius of the bombings.

An account of the Townsville bombing raids in the book “Townsville Under Attack” states that:

• during the first raid “only six bombs were sighted by those on the ground and these were seen falling harmlessly into the sea, two hundred metres from the main jetties.”;
• during the second raid eight bombs fell near the foothills of Many Peaks Ridge; and
• during the third raid seven bombs fell in Cleveland Bay between Magnetic Island and the mainland.  An eighth bomb fell on the mainland near the racecourse.

Eastern Suburbs of Sydney

On the night of 8 June 1942 a submarine attempted to shell the seaplane base at Rose Bay from the Pacific Ocean side of the city.  The shells landed in a small area around Rose Bay and Bellevue Hill.  For qualifying service the ADF member's location in relation to the areas in which the shells landed must be considered and the purpose of their presence.  Because the AAT and the Courts have established a limit to the area of danger within Townsville it is appropriate that a consistent policy be applied to other areas in Australia, including Sydney, when determining whether the objective danger test is satisfied.  Thus a rule of thumb has been established that the immediate area of danger is limited to within a 2km radius of the shelling.

Newcastle

In Newcastle in the early hours of 8 June 1942, a Japanese submarine attempted to fire on the BHP Steelworks/Fort Scratchley.  All shells landed in the water or outside the fort.  However, since Fort Scratchley may have been the target anyone on duty and especially those in the gun battery who returned fire are considered to have qualifying service.

Cowra

On 5 August 1944 Japanese POWs broke out of Cowra killing 4 Australian soldiers.  Those on duty at the time of the breakout are considered therefore to have been in danger and in operations against the enemy.  In the ensuing days the Australian soldiers who were called in to round up the Japanese do not have qualifying service because no actual danger was incurred.  However, should such a person provide evidence of danger then qualifying service would be possible.

Broome

Broome suffered Australia's second worst air raid on 3 March 1942 and was hit again on 20 March 1942.  Broome saw the last raid against it when the Japanese dropped more bombs on August 16 1943.  These dates give a guideline to when a claimant may have incurred danger if they were involved in a military task in Broome.

Dates of Enemy Air Raids

There are other areas in Australia where enemy air rai — ds are known to have occurred.    

Member of the Interim Forces

A member of the Interim Forces is a person who enlisted or re-engaged, for [glossary:continuous full-time service:44] for not more than two years on or after 1 July 1947 and before 1 July 1949 to the Interim forces, or a unit of the defence forces.    

Eligible war service

Service with the Interim Forces entitles a veteran to claim for a Disability Compensation Payment but not a service pension.    

A veteran who served after 29 October 1945 has [glossary:qualifying service:498] if they were awarded or are eligible to be awarded the:

•    Naval General Service Medal, or
•    General Service Medal (Army and Royal Air Force).    
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  History Library - Post World War II Medals

  P1/C9/S4

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These medals must have one of the following clasps:

• Mine-sweeping 1945-51
• Bomb-mine Clearance 1945-53
• Bomb and Mine Clearance 1945-49
• Bomb and Mine Clearance 1945-56

Description

The British Commonwealth Occupation Forces (BCOF) were formed after the formal surrender of Japan and comprised personnel from the armed forces of Australia, New Zealand, India and the United Kingdom. BCOF's primary role was to ensure that the terms of the unconditional surrender of Japan were met. Service for Australian personnel extended from 13 February 1946 to 28 April 1952 (both dates included).    

Operational service

A member of the permanent defence force who served in the BCOF in Japan has operational service up to the earliest of:

• 1 July 1951, or
• the day on which they arrived back in Australia.    
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  1.2.2/Operational Service

   

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Qualifying service

Service solely with BCOF (Japan) is not [glossary:qualifying service:498]. The Japanese forces had surrendered and there was no longer an [glossary:enemy:542].

Treatment under the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006

Any period of service in Japan as part of BCOF from 31 January 1946 to 28 April 1952 gives entitlement to a Gold Card under that Act.

Introduction

This topic covers [glossary:qualifying service:498] and [glossary:operational service:298] for the Korean hostilities, as well as, service in the Demilitarised Zone after the ending of the Australian commitment.    

Qualifying service

To have qualifying service for a service pension an Australian veteran of the Korean war must have:

• been [glossary:allotted for duty:321] in the operational area either individually or as a member of a unit, and
• served in the operational area to which the person was allotted.    
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  Section 1.2.1

   

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Operational service

To have operational service, for [glossary:Disability Compensation Payment:574], an Australian veteran of the  Korean war must have:

• been [glossary:allotted for duty:321] in an operational area either individually or as a member of a unit, and
• served in the operational area to which the person was allotted, or
• between 28 April 1952 and 19 April 1956 (both dates included) served in Japan although their unit was allotted for duty in connection with the Korean Conflict.    
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  1.2.2/Operational Service

   

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Operational service in the demilitarised zone

Defence force personnel continued to serve in Korea after 19 April 1956. Personnel were employed in a non-operational role as it was considered service had returned to normal peacetime conditions.

The exception to this was service as military observers in the Demilitarised Zone (DMZ). Such service in the DMZ is classified as Operational Service but not Qualifying Service.    

Introduction

Between 1950 and 1967 Australia was involved in two conflicts in what is now known as the Federation of Malaysia. These were:

• the Malayan Emergency, and
• the Indonesian confrontation of Malaysia.    
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  1.5.2/Malayan Emergency and Confrontation – Periods and Operational Areas

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Qualifying service

To have qualifying service for a [glossary:service pension:245] a Malaya veteran must have:

• been [glossary:allotted for duty:321] in an operational area either individually or as a member of a unit, and
• served in the operational area to which the person was allotted.    
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  Section 1.2.1

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Members not allotted

Not all members of the forces who served in the Malayan Emergency or Indonesian Confrontation were allotted. Consequently not all have [glossary:qualifying service:498].

Operational service

Operational service in respect of the Malayan Emergency, and Indonesian Confrontation is service as a member of the Defence Force who, or a member of a unit of the Defence Force that:

• was assigned for service in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957, or
• was at any time during the period from and including 1 August 1960 and including 27 May 1963, in the area comprising the territory of Singapore and or the Federation of Malaya, or
• served in an operational area as a person allotted for duty, or a member of a unit that was allotted for duty, in that operational area.

Service Outside Australia in Non-Operational Areas

Sub-section 13(6) of the VEA provides for claims in respect of death or incapacity to be accepted in limited circumstances where the person did not render operational service in an operational area. This provision was introduced in 1962 at the time that top secret operations were being conducted in Kalimantan (Indonesian Borneo) by the Australian Special Air Service Regiment during the period of confrontation with Indonesia.

Because Australia retained diplomatic links with Indonesia throughout this period, Indonesian territory could not be included within the operational area.

The provision provides Repatriation benefits to members of a SAS patrol which, in late May/early June 1965, was attacked by a rogue elephant while operating in Kalimantan. One of the group was badly gored and died before help could be summoned. If a claim is lodged by a member of the patrol and the service documents do not show details of injury or disease at the time of the person's service against hostile forces, further information should be sought from the relevant source.

Introduction

This topic covers the requirements for [glossary:operational service:298] and [glossary:qualifying service:498] in the Vietnam hostilities, as well as the recognised periods of service before and after Australia's involvement in the hostilities.    

Qualifying service

To have qualifying service for a [glossary:service pension:245] a Vietnam veteran must have:

• been [glossary:allotted for duty:321] in an operational area either individually or as a member of a unit, and
• served in the operational area to which the person was allotted.     
  More ?

   

  Section 1.2.1 Qualifying Service

   

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Operational service

To have operational service for a [glossary:disability compensation payment:574], a Vietnam veteran must have:

• been [glossary:allotted for duty:321] in an operational area either individually or as a member of a unit, and
• served in the operational area to which the person was allotted.

Operational service - January 1962

Before the commencement of Australia's operational involvement in Vietnam, the HMAS Vampire and HMAS Quickmatch visited Saigon on 25-29 January 1962. The period of the visit is classified as operational service but not qualifying service.    

Service after 11 January 1973

Australia's operational presence in Vietnam officially ended on 11 January 1973. Following this date:

• the Australian Embassy Guard Platoon served until mid 1973, and
• RAAF personnel were operating in the months leading to the fall of Saigon.

Members of the defence force who served in Vietnam from 12 January 1973 to 29 April 1975 have warlike service and consequently operational and qualifying service.

Taken to have been allotted for duty

The determinations made to date cover the following members of the Defence Force:

• the crews of RAN ships involved in transporting troops and other support duties;
• members of the Defence Force who visited the area for the purpose of:

• staff visits,
• inspections,
• public relations,
• familiarisation,
• welfare visits,
• attache duties;

• members of the RAN who crewed the MV JEPARIT;
• members of various RAAF units;
• aircrew of the Australian Air Force Detachment, Sangley Point;
• specified members of the RAN Reserve. (not allotted for duty in an operational area)

Among the Defence Personnel providing welfare services were members of the various military bands.

The service documents of these people should indicate that they have been deemed to be on full-time service and/or deemed to be allotted for duty in an operational service. If there is any discrepancy between what the claimant is contending and the official records, further advice should be obtained from the relevant service.

Philanthropic Organisations

Determinations have been made in respect of representatives of the following approved philanthropic organisations, who provided welfare services to the Defence Force, that they were members of the Defence Force rendering continuous full-time service in an operational area:

• the Australian Red Cross Society;
• the Campaigners for Christ - Everyman's Welfare Service;
• the Salvation Army;
• the Young Women's Christian Association of Australia;
• the Young Men's Christian Association of Australia;
• the Australian Forces Overseas Fund.

If claims are received from any of these, full details of the service should be obtained from the claimant. It may be necessary to verify the situation with the Soldier Career Management Agency.     

Civilians not covered

Compensation benefits for civilians in Vietnam is determined solely on the basis of their employment. For example, medical and surgical teams provided under a SEATO aid program were given salary, travel expenses and accommodation by the Australian Government and were subject to general Public Service terms and conditions of employment. They and other civilians employed by the Australian Government but who did not serve directly in support of the Defence Force in Vietnam are covered by the Safety Rehabilitation and Compensation Act 1988 (SRCA).

Members of the SEATO medical teams are eligible for a Gold Card under the Treatment Benefits (Special Access) Act 2019, but are not eligible for benefits under the VEA and are not considered to have rendered Qualifying Service.

Official entertainers' who toured Vietnam under the auspices of the Australian Defence Force are not covered under the VEA. However, depending on the terms of their contracts, they may have coverage under the SRCA.

Independent concert parties or entertainers are not covered under either Act. Nor are journalists working for Australian newspapers or Australians working as civilians for the US Army.

Introduction

This topic contains information on the following:

• North East Thailand
• Namibia 
• Persian Gulf War
• Cambodia 
• The former Yugoslavia
• Somalia
• East Timor     
  More →

   

  Section 1.5.2 Post World War 2

   

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North East Thailand.

Personnel who served in North East Thailand at any time between 31 May 1962 to 24 June 1965 (both dates included) have operational service.     

Namibia - United Nations Transition Assistance Group (UNTAG)

[glossary:Australian Defence Force:525] members who served in Namibia between 18 February 1989 and 10 April 1990 (both dates included) have operational service. Members of UNTAG who were members of a force [glossary:allotted for duty:321] in Namibia have qualifying service.

Persian Gulf War (1990-1991)

Australian Defence Force members who were [glossary:allotted for duty:321] and served in the operational areas for the Persian Gulf War have both qualifying and operational service.     

Cambodia (1991-1993)

Australian Defence Force members who were allotted for duty and served in the operational areas for Cambodia have both qualifying and operational service.

Australians allotted for duty may have been with:

• United Nations Advanced Mission in Cambodia (UNAMIC), or
• United Nations Transition Authority in Cambodia (UNTAC).

The former Yugoslavia (1992 - 1997)

[glossary:Australian Defence Force:525] members who were allotted for duty with Australian contingents of the United Nations forces and served in the area comprising the former Yugoslavia have both qualifying and operational service.

Somalia (1992-1994)

Australian Defence Force members who were allotted for duty and served with the Australian contingents of the United Nations forces in Somalia have both qualifying and operational service.

East Timor (1999 ongoing)

Australian personnel, including official war artists, who served as part of a defence (ADF) or police (AFP) operation since 19 June 1999, have been covered for [glossary:Disability Compensation Payment:574]. In addition, defence personnel who served in East Timor after 19 September 1999 as part of an operation, which has been declared as warlike service by signed Instrument, are also eligible for a [glossary:service pension:245]. ADF personnel must be allotted to and serve in East Timor, not simply be allotted to an operation because they may have served only in Darwin or Townsville.

Period of conflict

For qualifying service to be recognised in World War 1 a person must have served during the period 4 August 1914 to 11 November 1918 (both dates included). For operational service to be recognised in World War 1 a person must have served during the period 4 August 1914 to 21 September 1921 (both dates included).    

Places of conflict

All qualifying and operational service is service performed during the above period of conflict in areas beyond the coastal waters of Australia.

During World War 1 Australian forces served in Gallipoli, France and Belgium or the Middle East. In addition, there was an expeditionary force to New Guinea, which was then a German colony. The RAN served in all seas and oceans.

Service in Australia during WW1 is eligible war service.     

Period of conflict

For qualifying service to be recognised in World War 2, a person must have served during the period 3 September 1939 to 29 October 1945 (both dates included). Qualifying service can be recognised for service after this period if the veteran was involved in post-war bomb and mine clearance activity.     

For operational service to be recognised in World War 2, a person must have served during the period 3 September 1939 to 28 April 1952 (both dates included).     

Period of conflict

For qualifying and operational service to be recognised in the Korean hostilities, a person must have served during the period 27 June 1950 to 19 April 1956 (both dates included).

Service in the demilitarised zone after 1956 is recognised as operational service but not qualifying service.     

Operational area

The [glossary:operational area:633] for the Korean hostilities was:

• the area of Korea, including the waters contiguous for a distance of 185 kilometres seaward from the coast, and
• the Demilitarised Zone between North and South Korea from 19 April 1956.     
  More →

  1.2.2/Operational Service

  More → (go back)

Introduction

This topic covers details of the [glossary:operational areas:633] and dates for the Malayan emergency, which are outlined in schedule 2 of the [glossary:VEA:373]. It covers the following:

• Malaya 
• Federation of Malaya and Singapore
• Malay/Thai Border
• Malaysia, Singapore & Brunei
• Borneo 

Malayan Emergency

The operational area the Malayan Emergency included the waters off the coast of Malaya for a distance of 18.5 kilometres seaward from the coast, but not Singapore.

This was an operational area for Australian forces during the period 29 June 1950 to 31 August 1957 (both dates included).     

Federation of Malaya and Singapore

The area of the Federation of Malaya and the colony of Singapore was an operational area for Australian forces during the period 1 September 1957 to 31 July 1960 (both dates included).

Malay/Thai Border

The operational area for the Thai Border area only includes the northern Malayan states of:

• Perlis
• Kedah
• Perak and
• Kelantan (the Western area only of this state, as outlined in Item 5, Schedule 2 of the VEA).

This was an operational area for Australian forces during the period 1 August 1960 to 16 August 1964 (both dates included).

Malaysia, Brunei & Singapore

The Malaya Peninsula operational area includes the territories of Malaysia, Brunei & Singapore and the waters adjacent to those countries.

The territory of Malaysia includes the whole of the Malay Peninsula, the State of Sabah and the State of Sarawak.

This was an operational area for Australian forces during the period 17 August 1964 to 14 September 1966 (both dates included).

Borneo

The operational area for Borneo was the states of:

• Sarawak,
• Sabah (North Borneo) and
• Brunei.

This was an operational area for Australian forces during the period 8 December 1962 to 16 August 1964 (both dates included).

Period of conflict

For both qualifying and operational service to be recognised in the Vietnam Conflict a person must have served during the period 31 July 1962 to 11 January 1973 (both dates included).     

However, qualifying and operational service is also recognised for Australian Defence Force personnel who rendered warlike service during the period 12 January 1973 to 29 April 1975 (both dates included).     

Operational area

The [glossary:operational area:633] for the Vietnam Conflict was the southern zone of Vietnam and the waters up to 185.2 kilometres from the shore of Vietnam.     

Persian Gulf

The Persian Gulf [glossary:operational area:633] included:

• the Persian Gulf
• Saudi Arabia 
• the United Arab Emirates

The Persian Gulf was an operational area for Australian forces during the period 2 August 1990 to 9 June 1991 (both dates included). The full details of the operational area are shown in item 10, Schedule 2 of the VEA.     

Iraq and Kuwait

Iraq and Kuwait were operational areas for Australian forces during the period 23 February 1991 to 9 June 1991 (both dates included).     

North East Thailand, including the Royal Thai Air Force Base at Ubon in Eastern Thailand was an [glossary:operational area:633] for Australian forces during the period 31 May 1962 to 24 June 1965 (both dates included).     

The Namibian [glossary:operational area:633] included Namibia and the area extending 400 kilometres from its borders into the adjoining countries of:

• Angola 
• Zambia 
• Zimbabwe 
• Botswana and
• South Africa (including Walvis Bay).

This was an operational area for Australian forces during the period 18 February 1989 to 10 April 1990 (both dates included).     

The Cambodian [glossary:operational areas:633] included the areas in Laos and Thailand that were not more than 50 Kilometres from the Cambodian border.

This was an operational area for Australian forces during the period 20 October 1991 to 7 October 1993 (both dates included).     

The Yugoslavian [glossary:operational area:633] comprises the former country of Yugoslavia.

This was an operational area for Australian forces during the period 12 January 1992 to 24 January 1997 (both dates included).     

The Somalian [glossary:operational area:633] is the area of the country of Somalia.

This was an operational area for Australian forces during the period 20 October 1992 to 30 November 1994 (both dates included).     

Types of claims - pensions

There are several types of claims, which can be lodged. These claim types are:

• Qualifying service    
  More →

   

  Qualifying service

  Chapter 1.2 Service Types

   

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• Age service pension    
  More →

   

  Age service pension

  Section 3.1.2 Age Service Pension

   

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• Invalidity service pension    
  More →

   

  Invalidity service pension

  Section 3.1.3 Invalidity Service Pension

   

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• Partner service pension    
  More →

   

  Partner service pension

  Section 3.1.4 Partner Service Pension

   

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• Income support supplement    
  More →

   

  Income Support Supplement

  Chapter 3.2 Income Support Supplement (ISS) Eligibility

   

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• Disability Compensation Payment  
  More →

   

  Chapter 4.1 Disability Compensation Payment Eligibility

   

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• Application for increase in Disability Compensation Payment  
  More →

   

  Chapter 4.1 Disability Compensation Payment Eligibility

   

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• War widow's/widower's pension    
  More →

   

  Chapter 4.2 War Widow's/Widower's Pension Eligibility

   

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• Orphan's pension    
  More →

   

  Chapter 4.3 Orphan's Pension Eligibility

   

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Types of claims – allowances and benefits

Claims for a broad range of income support and veterans' compensation allowances and benefits can also be lodged.    

VEA→

Who can lodge a claim?

VEA→

A claim for Disability Compensation Payment may be lodged by:

• a veteran, or
• another person on behalf of, and with the approval of, the veteran, or
• a person approved by Commission where the veteran is unable to approve a person to act on their behalf due to physical or mental incapacity.    
  More →

   

  Chapter 4.1 Disability Compensation Payment Eligibility

   

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Proof of identity

In order to identify a claimant a proof of identity check must be made on all new claims.    

Requirements of a claim for Disability Compensation Payment

A claim for Disability Compensation Payment requires investigation of the claimant's medical condition and service record. The claimant is required to do the following:

• complete an application form,
• state, on the application form, the reasons why they think their condition is related to service, and
• seek diagnosis of the condition being claimed from a GP or specialist.

The claimant may also be required to provide other evidence to support the claim on request such as:

• employment history,
• details of injuries or accidents,
• other personal details relating to the claim.    
  More →

   

  Investigation of claims

  2.1.4/Investigation of a Claim

   

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VEA→

Why apply for an increase in Disability Compensation Payment

VEA→

A veteran who is receiving a Disability Compensation Payment as compensation for an incapacity may apply for an increase in the rate of pension on the grounds that the incapacity has increased since the rate of pension was assessed, or last assessed.    

Who can lodge and application for an increase in Disability Conpensation Payment?

VEA→

An application for an increase in Disability Compensation Payment may be lodged by:

• a veteran, or
• another person on behalf of, and with the approval of, the veteran, or
• a person approved by Commission where the veteran is unable to approve a person to act on their behalf due to physical or mental incapacity.

Requirements of an application for increase in Disability Compensation Payment

An applicant for an increase in Disability Compensation Payment must provide the following information with their claim:

• information about the treatment the veteran has received for their accepted condition,
• the reasons why the applicant believes their accepted disabilities have worsened,
• a completed Lifestyle Rating options form.    
  More →

   

  Chapter 9.8 Guide to the Assessment of Rates of Veterans' Pension (GARP)

   

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Last amended: June 2022

Who can lodge a claim?

A claim for war widow(er)'s pension or orphan's pension can be made by a:

•  widow, or
•  widower,
• an other dependant, or
• another person on behalf of, and with the approval of, the widow(er) or dependant, or
• a person approved by Commission where the widower or dependant is unable to approve a person to act on their behalf due to physical or mental incapacity.

Who can lodge a claim for a child under 18 years?

A claim for orphan's pension for a child under 18 years of age must be made by:

• the child's parent or guardian, or by another person authorised by the parent or guardian, or
• a person approved by Commission if there is not a parent or guardian alive, willing or able to make the claim or approve a person to make the claim.    

Multiple dependant relationships

A veteran may have more than one person as a ‘widow’ or dependent spouse for the purposes of a war widow's/widower's pension. This is due to the operation of sections 11 and 11A. The Report of the Review on Veterans’ Entitlements 2003 (Clarke report) acknowledged that multiple dependent relationships may exist where a person is married to but separated from a veteran, and that veteran was living in another marriage-like relationship at the time of their death. This has also been considered in Tribunals, but again, these cases only considered a separated married partner and another relationship (see Wharton and Repatriation Commission (4 March 1997), and in particular at [11] where the Tribunal found that s11 clearly ‘makes provisions for more than one person being entitled to a pension’ ).

Generally, while a veteran may form multiple partnered relationships that meet the definition of dependency under s11 of the VEA, careful consideration would need to be given in situations where a veteran’s relationships include multiple defacto partners. The nature of defacto relationships is set out in s11A and requires a level of dependency, commitment and cohabitation that would be hard to be established in more than one relationship. In the same vein, where an applicant to the war widow's/widower's pension is found to be residing in Australia on a temporary basis (such as those on tourist visas) then Delegates must carefully consider whether the criteria of dependency can be adequately satisfied given the transient and provisional nature of the applicant’s living arrangements in Australia.

Proof of relationship to a deceased veteran

Claimants for war widow(er)'s pension or orphan's pension may have to provide proof of their relationship with the deceased veteran.    

Requirements of a claim for war widow(er)'s or orphan's pension

A claim for war widow(er)'s or orphan's pension will require investigation of the veteran's medical condition prior to death and their service record. The claim should include the following information:

• the deceased veterans' name,
• details of the veteran's service,
• the names of any doctors and hospitals who treated the veteran,
• reasons why the claimant believes the veteran's service caused or contributed to their death,
• information about other dependants.

Death Certificates

Generally, in order for a determination to be made regarding a bereaved family’s eligibility for compensation, there must be sufficient evidence to:

• prove that the veteran has died and 
• establish a cause of death. 

In most cases, a death certificate must be supplied to satisfy these requirements.

However, in some very specific circumstances involving significant delays in the availablility of a death certificate, a claim may be determined using alternative evidence.  These circumstances are set out here.

Automatic grant of pension for certain dependants exempt from requirement to lodge a claim

A war widow(er) or orphan will be automatically granted pension if:

• they were dependant on the deceased veteran, and
• the veteran was:

• a former prisoner of war, or
• receiving the Extreme Disablement Adjustment, or    
  More

   

  Extreme Disablement Adjustment

  Chapter 4.1 Disability Compensation Payment Eligibility

   

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• receiving a Disability Compensation Payment at the Intermediate rate, or
• receiving a Disability Compensation Payment at an increased rate due to being a double amputee, or blinded or    
  More 

   

  Increased rates of Disability Compensation Payment for amputees

  Chapter 4.1 Disability Compensation Payment Eligibility

   

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• receiving a Disability Compensation Payment at the Temporary Special Rate, or
• receiving a Disability Compensation Payment at the Special Rate (T&PI).    
  More 

   

  Special Rate (T&PI)

  Chapter 4.1 Disability Compensation Payment Eligibility

   

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In such a situation, war widow(er)'s or orphan's pension will be granted without an application being lodged or a determination being madeand the pension is payable from and including the day after the veteran died. Where a veteran has died as a result of a disability already accepted as being caused by war or eligible defence service, the death will be determined to be war or defence caused. In these circumstances a claim for pension still needs to be lodged with the Department.    

If a person makes a claim for a service pension, income support supplement, disability compensation payment or dependant’s pension that is not a proper claim it can be regarded as an Initial (or informal) claim.

• written application for pension on other than an approved form,
• written advice of their intention to apply for pension,
• telephone advice of their intention to apply for service pension or ISS.

How is a claim lodged

A claim is considered to be lodged with the Department if it is lodged:

• at an office of the Department in Australia,
• electronically via:
  • MyService,
  • the Department's Online Claim Lodgement system, or
  • to nominated facsimile machines
• to an email address approved for this purpose by the Commission, or
• at a place approved for this purpose by the Commission, or
• with a person approved for this purpose by the Commission.

A claim is considered to be lodged on the day it is received at one of the above places.

Electronic lodgement of claims

Claims and applications forwarded to the Department through the DVA website, facsimile and email address approved by Commission may be acceptable as being valid claims.

The claims and applications lodged electronically are outlined in the

This Instrument covers the approved method, and addresses, for electronic lodgement.

Where an original form is lodged and is incomplete or unsigned, the original claim form should be returned to the claimant via certified/registered mail. This should be accompanied by a request that missing information or signatures be provided, and the form returned to the Department. Full copies should be retained by the Department in case the form is misplaced or lost and to allow comparison once the completed original is received.

Staff should not alter lodged and signed original claim forms in any way.

Preferred lodgement channel

MyService is the preferred channel for lodging claims with the Department – as it is a simple and secure way to access services.

There are still a number of claims, such as Permanent Impairment, War Widows and Dependents that are yet to be transitioned into MyService. These claim types will continue to be accepted via alternative channels. 

Veterans who are not using an advocate can continue to submit claims via all available channels, however use of MyService as a safe and trustworthy platform is recommended.  

For information on how to set up a MyService account, please visit the DVA website at: https://www.dva.gov.au/about-myservice

Claims lodged by advocates on veterans’ behalf

From 31 March 2025, the channel for advocates to lodge a claim will be via MyService.  Paper and electronic claim forms submitted by veterans’ advocates from that date will be returned for lodgement via MyService. 

Veterans who are not using an advocate can continue to submit claims via all available channels, however use of MyService as a safe and trustworthy platform is recommended.  

For more information please visit the DVA website at: www.dva.gov.au/myservice/myservice-advocate-guide.
 

When can a claim be withdrawn

If a claim has not already been determined, a claimant or person on behalf of the claimant may withdraw the claim. Any claim that is withdrawn is taken to have not been made.

How to withdraw a claim

The following table demonstrates how to withdraw a claim.

Note: only claims for service pension or ISS can be withdrawn orally. Claims for disability compensation payment, war widow's/widower's pension and orphan's pension must be withdrawn in writing.

Acknowledgment of an oral withdrawal of a claim

When a claim for service pension or ISS is withdrawn orally, the claimant must be provided with a written acknowledgment, that:

• confirms the withdrawal, and
• advises the claimant, or person on behalf of the claimant, that they may reactivate the claim.

Reactivating a withdrawn claim

An oral withdrawal of a claim for service pension or ISS may be treated as if it had not been made, if the request is made:

• by the claimant or a person on behalf of the claimant, and
• within 28 days of the withdrawal.

When a claim is reactivated, the commencement day of the claim remains the same as that of the original claim.    

Last amended: 7 November 2012

What is the purpose of investigation?

Investigation of a claim is a significant part of the determination process because it establishes the basis on which a decision is made. As service pension and income support supplement are income support (welfare) payments, it is the duty of the officer processing the claim, to ensure that claimants receive the full benefits permitted by the VEA, and that these are made available with the minimum of delay.

Investigation of a proper claim

If a person makes a proper claim an investigation is to be made into the matters to which the claim relates. In investigating a claim, it is necessary to gather sufficient evidence or documents to enable the decision-maker to determine the claim. The information gathering process need not be exhaustive.

Where there are barriers to a person being able to provide original documents or certified copies to support a claim, a delegate may decide that uncertified copies can be submitted. This is consistent with the department's corporate plan which states that we assess the risk of non-compliance and differentiate our response by taking individual circumstances into account. The delegate must be reasonably satisfied that, on the balance of probabilities, the copies are true copies of an original, that they have not been altered, and that they accurately reflect a pensioner's circumstances.

Once a proper claim is lodged, the Secretary will investigate the claim and submit the claim to the Commission for investigation and determination.    

Investigation of a Disability Compensation Payment application

VEA→

Investigation and processing of Disability Compensation Payment, increase in Disability Compensation Payment, war widow(er)'s or orphan's pension claims can take up to three months or longer. This time is required to:

• get service documents from the Department of Defence if it is a first time claim,
• allow the department to gather further information about the veteran's personal and medical histories if necessary, and
• conduct further medical examinations, if necessary, for people claiming Disability Compensation Payment, or an increase in Disability Compensation Payment.

Delegates should refer to Commission Guidelines for Psychiatric compensation claims available in the Reference Library.

The fee schedule for Psychiatrists for the preparation of reports for compensation claims is available on the internet at http://www.dva.gov.au/service_providers/Fee_schedules/Pages/psych.aspx

Payment of expenses

VEA→

A person required to attend an interview or examination in connection with a claim may be paid prescribed travelling or accommodation expenses.

Refusal to undergo medical examination

VEA→

Where a claimant refuses to undergo a medical examination or provide information for the investigation of the claim, the Commission can defer consideration of the claim if they believe that the examination or information is likely to affect the determination. Consideration of the claim can be deferred until the claimant undergoes the examination or provides the information. If the claimant does not comply after six months from the date they were notified of the deferral, the claim is deemed to be refused.

Last amended: Once a claim has been investigated and submitted to the Commission, the decision-maker must:

•    consider the claim,
•    consider the evidence relating to the claim, and
•    satisfy themselves with respect to all matters relevant to the determination of the claim.

Although the decision-maker must be satisfied on all matters relevant to the claim, an investigation for an income support pension need not be exhaustive for the claim to be determined.    

Example:  A service pension claim where the investigation is not exhaustive

A person lodges a claim for age service pension, knowing that he is to be granted superannuation in the near future, but does not know when or the amount he will receive. In this situation, if his eligibility for service pension is clearly established, pension should be assessed on the known assets and income. The letter advising of his determination will include his obligation to advise of any change of circumstances, such as the grant of superannuation.    

Determination

The decision-maker must determine the claim as follows:    

• determine whether the pension is to be granted to the person, and
• if the pension is to be granted to the person, they must then:
• calculate the person's pension rate,
• determine that the pension is payable to the person at that rate, and
• determine the date from which the pension is to be paid.

Disability Compensation Payment, dependants' pensions and increase in Disability Compensation Payment determinations

Disability Compensation Payment, dependants' pensions and increase in Disability Compensation Payment determinations are made on the basis of:

• the degree of incapacity suffered by the veteran, and
• whether this incapacity can be related to their service, or
• whether their incapacity has increased since the rate of pension was assessed or last assessed, or
• if the veteran is deceased, whether the incapacity contributed to their death.

The level of incapacity and the level of Disability Compensation Payment a person is entitled to are assessed using the Guide to the Assessment of Rates of Veterans' Pensions (GARP).    

Rejection of a claim for service pension

A person who has claimed service pension but has had that claim rejected, may be eligible for a pension or benefit from Centrelink. Such people should be advised to lodge a claim with Centrelink as soon as possible.

Subsequent claims following rejection of a claim

Where a claimant meets the eligibility requirements for service pension but a nil rate of payability is determined, the claim is to be regarded as rejected. When rejected, the claimant should be advised to apply for a commonwealth seniors health card. Claim form D3056 should be sent to the client along with notification of failure to qualify for a pension. Where the veteran's circumstances change and the income/assets subsequently allow some payability, a new claim is to be made. The new claim can be substantially based on the earlier claim documentation, but with an updated statement of income/assets and a new lodgement date. The date of grant of pension for the new claim will be the date of the informal claim, being the receipt of written or telephone notification of intention to reapply following a change in income or assets (provided the revised statement is received within three months).    

Delay in making a subsequent claim

Where the delay in a claimant providing an updated statement of income and assets exceeds twelve months, it is likely that other personal circumstances, in addition to income and assets, may also have changed during this time. Accordingly, in these cases a new claim form should be completed in full.

Right of review

A claimant may apply to the Commission for review of a determination of a claim.    

Purpose of a Centrelink clearance

Once a claim for pension is determined, it may become necessary to liaise with Centrelink. The purpose of such a liaison is to obtain a clearance from Centrelink, which enables DVA to calculate any:

• arrears payable to the claimant, or
• excess of overpayment, which is recoverable from the claimant.

As part of this process, a monetary adjustment is frequently made between the two departments.    

When is a Centrelink clearance required?

VEA→

A Centrelink clearance is required, where a claimant or their partner has declared that he or she:

• is currently receiving a Social Security pension or Social Security benefit,
• was recently receiving a Social Security pension or benefit, or
• has applied or is likely to apply for a Social Security pension or benefit.

Note:  If a war widow/widower applies for ISS while he or she is receiving a Social Security pension or benefit, a request should be sent to Centrelink for that pension to be adjusted or the benefit to be cancelled.

Request for a clearance

VEA→

A request for Centrelink clearance should clearly indicate the information required from Centrelink and the reason for requesting the clearance. All necessary details required by Centrelink in supplying the information should also be provided, including a record print of income and assets details.

Effect of a Centrelink clearance on fortnightly payments and arrears

The following table is a guide to the effect of a Centrelink clearance on the payment of pension and arrears:

Last amended: 6 September 2011

Effect of death on a claim

Where a formal claim for pension has been lodged before the death of a claimant this does not affect the obligation of the [glossary:Commission:545] to determine the claim. The claim should be investigated as far as possible under the circumstances and a decision made in accordance with normal procedures.

Who to notify of the determination of a deceased person's claim

Upon the death of a claimant, a copy of the will should be obtained in order to:

• establish who is the legal personal representative, or
• in specific circumstances, have a person approved by the Commission as the claimant's authorised representative.

These circumstances include where no legal representative exists, or the legal personal representative is not actively pursuing the claimant's entitlements.

The executor of the claimant's estate may be regarded as their legal personal representative, as they are empowered to finalise all matters following the person's death. A personal legal representative may also be separately identified in the will.

The legal personal representative is required for the purpose of:

• notification of the decision,
• possible bereavement payment,     
  More →

  Chapter 8.1 Income Support Bereavement Payment

  Chapter 8.2 Disability Pension Bereavement Payment

  More → (go back)
• possible arrears payment, and     
  More →

  Distribution where deceased leaves valid will

  Section 123B VEA

  Veterans' Entitlements Regulations 1986 - Prescribed higher amount for subsection 123B (6) of the Act

  Regulation 8AA

  More → (go back)
• right of review.    
  More →

  Chapter 12.5 Reviews & Appeals

  More → (go back)

Effect of death on an initial claim

Where a person lodges an initial claim for pension and dies before the proper claim is lodged, the legal personal representative or such other person as the Commission approves, may lodge the proper claim.    

It is not sufficient that the person lodging the claim was the claimant's power of attorney while they were alive. This is because power of attorney arrangements cease on the death of the claimant. The legal personal representative must be established by obtaining a copy of the claimant's will.

Effect of imprisonment on a claim

The imprisonment of a claimant for pension does not affect the obligation of the [glossary:Commission:545] to determine the claim. The claim should be investigated and a decision made in accordance with normal procedures. This applies equally, if the imprisoned person lodges a claim either:    

• before entering prison, or
• while in prison.

Effect of imprisonment on a pension or benefit

Upon assessment of a claim, an imprisoned person may be eligible for a pension or benefit to be granted. However, due to the imprisonment of that person, the pension or benefit may not be payable.    

Current policy

DVA's current categories of proof of identity documentation can be found in the CLIK Policy Library at 2.2.4 Categories of Proof of Identity. 2.2.4 Categories of Proof of Identity also provides information about the number and range of documents that must be used to establish the proof of identity of a claimant, agent or trustee.  

History to whole of government approach to proof of identity

In 2001, a whole of government approach to proof of identity led to a commitment to develop a cross agency framework which outlined different categories of acceptable proof of identity documentation. This framework was fine-tuned over time through Council of Australian Government (COAG) discussions.

This culminated in the Gold Standard Enrolment Framework, published in 2007, and adopted as the recommended whole of government framework for establishing proof of identity.     

Cross agency framework

The cross agency framework proposed four separate categories of proof of identity documentation.

The Repatriation Commission adopted this model and modified it to include three categories of documents to better meet the needs of DVA clients.

History of Repatriation Commission decisions over time

Departmental Instruction 41/98 outlined acceptable proof of identity documentation for income support payments. At this time, category A documents were regarded as sound because of the difficulty in obtaining them. Category B documents were regarded as acceptable because of their personal nature or because of the time they needed to have been held.

In May 2003, new proof of identity requirements were approved by the Repatriation Commission. These were based on the cross agency framework for proof of identity, with some tailoring based on consultation with DVA staff. Differences included a wider range of documents in category C than the cross agency framework. The Repatriation Commission then agreed to wait for further development of the whole of government approach to proof of identity by the Attorney General's Department.

In May 2004, the Repatriation Commission agreed to adopt the cross agency framework proposed by the Attorney General's Department, with some minor modifications. The modifications included:

• revision and merging of cross agency framework document categories B and C. These were re-labelled category B documents, and
• creation of new category C, for documents providing evidence of residential address. Acceptable documents in this category were also modified to cater for the needs of people living in nursing homes.

The Repatriation Commission has maintained a consistent approach to proof of identity since 2004. DVA's proof of identity document categories are now closely aligned with the whole of government Gold Standard Enrolment Framework published by the Commonwealth Attorney General's Department.

In March 2011, the Repatriation Commission and the Military Rehabilitation and Compensation Commission agreed that, to ensure alignment with Centrelink policy, an Australian passport can be provided as either a category A or a category B document for whole of department proof of identity purposes. A document which establishes commencement of identity in Australia, such as a full Australian birth certificate is preferred to a current Australian passport as a category A document as this is more consistent with the Gold Standard Enrolment Framework. However in order to remove barriers to DVA clients, particularly younger serving members, being able to establish proof of identity, a current Australian passport can be accepted as a category A document if other category A documents are difficult to access, not available, or not submitted with a claim.

Gold Standard Enrolment Framework

The cross agency framework was refined through COAG discussions and culminated in the Gold Standard Enrolment Framework published in April 2007 by the Commonwealth Attorney General's Department. DVA's approach to proof of identity is consistent with the Principles for Identifying the Applicant (principles 4 – 6) outlined in the Gold Standard Enrolment Framework.

Current categories accepted by DVA

The current categories of proof of identity documentation accepted by DVA are described in the CLIK Policy Library at 2.2.4 Categories of proof of identity.   

Automatically established Proof of Identity

POI is automatically established for current and former serving members who have joined the permanent forces or commenced a period of Continuous Full-time service from 1 January 2016 and/or separated from 27 July 2016.

DVA will rely on the identification and security clearance procedures used by the ADF to satisfy DVA identity requirements.  Under this arrangement, members will not need to provide any POI documentation when making their claim.

This process acknowledges the close linkages between DVA and the Department of Defence and is designed to assist in ensuring a smoother transition between the two Departments.

Amendments for current serving members and eligible reservists

Current serving members, reservists and trainees who hold a purple or orange ADF ID card can fully satisfy DVA's POI requirements through the in-person presentation of a current, valid, purple or orange ADF ID card to a DVA staff member when making their claim

This streamlined process acknowledges the close linkages between DVA and the Department of Defence and is designed to assist in ensuring a smoother transition between the two Departments.  This is an additional POI channel available for eligible clients; it does not supplant the existing Gold Standard Enrolment Framework.

Streamlined POI for clients eligible to use MyService

Clients with a PMKeyS number are eligible to submit their claims online via MyService. Claims submitted through MyService undergo an online, streamlined POI checking process at the time an account is created. This process is Commission approved.

When a client creates an account on MyService, their POI details, such as their PMKeyS number, driver’s licence number and Medicare details, are validated online through the Department of Defence and the Attorney-General’s Department. If the details match, the account will be created. If not, the client will be notified with an error message and will not be able to proceed with their account creation until matching data is provided.

Clients will also be able to be registered in MyService through the Early Engagement Model, or as protected identity members using an approved manual upload.  These registration and identity methods have also been approved by the Commissions.

Once a client is registered in MyService, they have satisfied all POI provisions for DVA. There is no requirement to request additional documents or undertake additional POI checks for these clients. Clients who register through MyService will need to have a new notification recorded in VIEW of ‘MyService registration POI’ under ‘POI Obtained’.

Purpose of proof of identity check

The model adopted by DVA is developed in line with the Whole of Government approach adopted by Australian government agencies. A proof of identity (POI) check is made on claimants (including trustees and agents) and their dependants to ensure that payments and benefits are made to the right person and to deter the fraudulent use of identities. Mechanisms such as data matching are also in place which can detect instances of fraud, including claims based on false identity.    

Establishing proof of identity or relationship to a veteran

The model for establishing POI introduces a standardised framework across DVA. The model includes the requirement to produce documents proving birth or arrival in Australia and documents as evidence of the identity operating in the community. A dependant claiming on the basis of their relationship to a veteran or member is required to provide documentation as evidence of that relationship existing.    

Effect of proof of identity on claim

There are no specific provisions in the VEA, DRCA, MRCA or social security law requiring that the identity of the claimant must be proved when making a claim. However, a delegate needs to be satisfied in respect of all matters relating to a claim. This includes that the identity of the claimant and the claimant's relationship with the veteran or member, where appropriate, are genuine. The standard of proof is based on the standard of reasonable satisfaction. There are provisions to grant payments or benefits temporarily while awaiting for POI to be established, in emergency and hardship situations.    

Automatic POI for members who have joined the ADF from 1 January 2016 and/or separated from 27 July 2016.

POI is automatically established for current and former serving members who have joined the permanent forces or commenced a period of Continuous Full-time Service from 1 January 2016 and/or separated from 27 July 2016.

DVA will rely on the identification and security clearance procedures used by the ADF to satisfy DVA identity requirements.  Under this arrangement, members will not need to provide any POI documentation when making their claim.

Modified POI check for current serving members, reservists and trainees with a current, valid, purple or orange ADF ID card.

DVA staff are able to fully authenticate the POI of a current serving member, reservist or trainee who holds a current, valid purple (current serving members and reservists) or orange (ADF trainees) ADF ID card using just the ID card as proof of identity.

This reflects existing information sharing arrangements with Defence and allows for eligible clients to bypass the more rigorous 100 point check.

Streamlined POI for clients eligible to use MyService

Clients with a PMKeyS number are eligible to submit their claims online via MyService. Claims submitted through MyService undergo an online, streamlined POI checking process at the time an account is created. This process is Commission approved. Once a client is registered in MyService, they have satisfied all POI provisions for DVA. There is no requirement to request additional documents or undertake additional POI checks for these clients.

Delegate's discretion regarding proof of identity

The test is that the delegate is satisfied there are no doubts about the pensioner's identity. Therefore, there is discretion not to rigorously apply a full or modified POI check, where otherwise indicated in these guidelines. For example, if a person returns to payability immediately after being cancelled there is no need to obtain refreshed identity documents where the delegate has no cause to doubt the identity of the claimant.

Standard of proof of identity documentation

The POI documentation provided in respect of a DVA claim for payment or benefit is required to meet specified standards. Provisions exist for claimants who are unable to provide proof of identity documents according to the standard requirements.    

Proof of identity not provided

If the claimant or dependant do not provide satisfactory POI to enable their identity to be proven by either a standard or non-standard check, the claim must be rejected. The rejection is based on the grounds that the claimant's status cannot be proven because the decision maker cannot be reasonably satisfied as to the claimant's identity.    

Recording proof of identity details on VIEW

Once a proof of identity check has been conducted, it is important to record this action in the comments tab of VIEW. The types of POI documentation sighted and verified should also be recorded. This allows a person to prove their identity to the department once, and for this information to be used for other departmental purposes where POI may be required.

If a modified POI check is subsequently conducted, where, for example, a person has reclaimed after 12 months of cancellation and the person is not in receipt of any DVA payments, then the comment should reflect this.

Examples of recording proof of identity details on VIEW.

Types of proof of identity

There are four types of proof of identity (POI) checks which can be carried out:

• automatic POI (for current and former serving members who have joined the ADF from 1 January 2016 and/or separated from 27 July 2016);
• a standard POI check (where the claimant can provide standard documents);
• a non-standard POI check (for claimants who cannot produce standard documents); and
• streamlined POI checking processes:
  • for current serving members, reservists and trainee who hold a current, valid purple or orange ADF ID card
  • for clients with a PMKeyS number who submit their claims via MyService.

Standard proof of identity documents

There are three different categories of standard POI documents:

• documents from category A provide evidence of birth or arrival in Australia,
• documents from category B provide evidence of identity existing in the community as well as evidence of a linkage between an identity and a person, and
• documents from category C provide evidence of residential address, or residence in an aged care facility.  

Non-standard proof of identity documents

Documents not falling into categories A, B or C are classed as non-standard documents.    

Levels of proof of identity check

The levels of identity check are:

• full POI check
• modified POI check, and
• no POI check.

Degree of check required

The level of POI check required varies depending on:

• the type of claim being made
• the type of payment (if any) already being received, and
• what level of POI check (if any) has previously been carried out.

Automatic POI for members who have joined the ADF from 1 January 2016 and/or separated from 27 July 2016.

POI is automatically established for current and former serving members who have joined the permanent forces or commenced a period of Continuous Full-time Service from 1 January 2016 and/or separated from 27 July 2016.

DVA will rely on the identification and security clearance procedures used by the ADF to satisfy DVA identity requirements.  Under this arrangement, members will not need to provide any POI documentation when making their claim.  This will be accepted as full POI for DVA purposes and the POI check marked as complete for that client.

Streamlined POI for current serving members, reservists and orange who hold a current, valid, purple or orange ADF ID card

Current serving members, reservists and trainees who hold a current, valid ADF ID card are able to fully satisfy DVA's POI requirements by presenting their purple (for current serving members and reservists) or orange (for trainees) ADF ID card.

The DVA staff member will then authenticate the photo ID on the card and copy the card to send along with the client's claim.  If a delegate is satisfied that the information on the card aligns with personal information obtained from their ADF PMKeyS record, then this ID card is to be accepted as full POI for DVA purposes and the POI check marked as complete for that client.

Streamlined POI for clients eligible to use MyService

Clients with a PMKeyS number are eligible to submit their claims online via MyService. Claims submitted through MyService undergo an online, streamlined POI checking process at the time an account is created. This process is Commission approved.

When a client creates an account on MyService, their POI details, such as their PMKeyS number, driver’s licence number and Medicare details, are validated online through the Department of Defence and the Attorney-General’s Department. If the details match, the account will be created. If not, the client will be notified with an error message and will not be able to proceed with their account creation until matching data is provided.

Clients will also be able to be registered in MyService through the Early Engagement Model, or as protected identity members using an approved manual upload.  These registration and identity methods have also been approved by Commissions.

Once a client is registered in MyService, they have satisfied all POI provisions for DVA. There is no requirement to request additional documents or undertake additional POI checks for these clients. Clients who register through MyService will need to have a new notification recorded in VIEW of ‘MyService registration POI’ under ‘POI Obtained’.

Proof of identity for partner new claim

When a veteran or member is already in receipt of a DVA pension or benefit and their partner applies for DVA pension or benefit, the partner is required to provide POI. The level of POI check required depends on the partner's own circumstances.    

Dependent children of claimant

When a claim for payment or benefit is made in respect of a dependent child, POI is required of the child. Proof of the relationship to the veteran or member is also required. The documentation required differs according to the type of claim being made. For a dependant over 18 years of age, a full POI check is required.    

Applications made by a trustee or agent

If a claim for payment or benefit is made as part of the process of appointment of the trustee or agent, a full POI check is required.  A full POI check of the agent or trustee must be made on all applications.

Proof of identity and change of name

In cases where the name has changed since birth, certified copies of documents verifying the name change (e.g. deed poll, marriage certificate) are required. A statutory declaration may also be sufficient in exceptional cases.    

In cases where a person's name has not changed since birth, but they would prefer to be known by a name other than their first name, then this can be actioned as long as:

• the delegate is reasonably satisfied that the preferred name is part of the person's full name
• the person's VIEW record is changed to their preferred name
• there is a note added to VIEW comments detailing the person's full name and that they prefer to be known by a name other than their first name, and
• the person's preferred name is used for all departmental purposes, including on any cards to which the person is entitled, such as a Gold Card.

A further proof of identity check is not required where there is reasonable satisfaction that the preferred name is part of the person's full name.

In some instances a person may have been known to the department for many years, but has never provided proof of identity documentation as this was not required at the time of their initial claim. In such cases, a modified proof of identity check may be required if a delegate is unable to establish a link between the person's preferred name and their full name, and is not reasonably satisfied as to the person's identity in their preferred name.

Note: When a person prefers to be known by a name other than their first name, they should be made aware that when they receive concessions from other providers (e.g. energy companies), it is likely they will be required to have an identical name on the card as they have recorded with the other providers, otherwise they may not receive a concession.  DVA does not determine what concessions are available from concession providers nor their concession policies.

Proof of identity and sex affirmation surgery

If a person has undergone sex affirmation surgery (also known as sexual re-assignment surgery) and the sex on their original birth certificate no longer corresponds to their affirmed sex, one of the following forms of evidence can be accepted as verification of their sex:

• an updated Australian birth certificate or current Australian passport indicating the affirmed sex of the person, or
• a statutory declaration or medical report verifying the sex affirmation surgery from a medical doctor registered with a medical registration board in an Australian state or territory. This verification process can cover surgery completed either in or outside Australia.

Where a transgender person has not completed their sexual reassignment, but has had a formal change of name to match their “preferred” gender, their records should be changed to reflect their new name, but their gender should not be changed until the sex affirmation surgery is completed. The exception to this is if the person's gender, as recorded on their passport, reflects their preferred gender. From September 2011, sex affirmation surgery is no longer a prerequisite to a passport being issued in a person's preferred gender. However, a person's birth certificate cannot be altered until sex affirmation surgery has been completed. Where two different genders are recorded, the person's gender should be changed to reflect that recorded on their current passport. This is because this more accurately reflects the person's identity in the community.

Where a transgender person has not completed their sexual reassignment, but has had a formal change of name to match their preferred gender, the person's title should reflect their “preferred” gender. A note should be added to VIEW to the effect that the person's salutations on any letters from the department should reflect their “preferred” gender and identity in the community.

Australian Defence Force service records do not match claim details

A veteran of the Australian Defence Force, especially during World War 2, may have enlisted under a different identity or date of birth. When lodging a claim for pension or benefit, inconsistencies between the identification details provided in a claim and those recorded in the service documents are to be accounted for by the claimant.    

Establishing proof of identity during phone contact

Security checks must be conducted when someone contacts the department to provide information about a client or enquire about a client's personal information. The client must provide at least two client-specific pieces of information, as proof of identity. Where details of investments or accepted disabilities are provided, it is not essential that a person list all details, but more than a bare minimum of information is preferred to ensure that the delegate is able to be satisfied as to the identity of the person.

Note: For more details, see CLIK Procedure Library Part 2/Chapter 2/Section 6.

Full proof of identity required

A claimant for an income support payment, Commonwealth Seniors Health Card (CSHC), Gold Card, a payment under the MRCA or DRCA or a veterans' compensation payment or benefit, is required to satisfy the full proof of identity (POI) requirements when:

• they are not receiving a payment or allowance from DVA or Centrelink*

• a reapplication is made where payment or benefits not previously issued

• the income support payment has been cancelled for over 12 months, or

• military compensation liability has been admitted and no benefits have been paid within the previous 24 months.

*The reference to Centrelink in this policy is only relevant in the circumstances where the client is a current Centrelink customer, transferring to a DVA income support payment; see Proof of Identity Check - Income Support for details.  For all other Compensation payments under the VEA, DRCA or MRCA see the summary table for examples.

Whilst full POI may not be required in certain circumstances, it is likely that at least modified POI will be required. An indication of modified POI can be found below.

Combinations of documents for full proof of identity

The following table details the types and combinations of standard documents required in order to satisfy full proof of identity requirements.    

Current and former serving members who joined the ADF from 1 January 2016 and/or separated from 27 July 2016

Current or former serving members who have joined the permanent forces or commenced a period of continuous full time service from 1 January 2016 and/or separated from 27 July 2016, automatically satisfy DVA’s POI requirements. 

DVA will rely on the identification and security clearance procedures used by the ADF to satisfy DVA identity requirements.  Under this arrangement, members will not need to provide any POI documentation when making their claim.  This will be accepted as full POI for DVA purposes and the POI check marked as complete for that client.

There may be limited circumstances where a DVA staff member or delegate requires a full POI check as described above.

Current serving members, reservists and trainees who hold a current, valid, purple or orange ADF ID card

Current serving members, reservists and trainees who hold a current, valid ADF ID card are able to fully satisfy DVA's POI requirements by presenting their purple (for current serving members and reservists) or orange (for trainees) ADF ID card.

The DVA staff member will authenticate the photo ID on the card and photocopy the card to send to the claim delegate along with the client's claim.  If a delegate is satisfied that the information on the card aligns with personal information obtained from their ADF PMKeyS record, then this ID card is to be accepted as full POI for DVA purposes and the POI check marked as complete for that client.

This single document is all that is required for these eligible clients to fully prove their identity to DVA, unless the delegate or frontline staff member cannot be reasonably satisfied that the person claiming is the person to whom the card belongs and the claim refers.  In this case, the delegate or staff member can request that the client supply full POI by the regular method.