11.3 Policy

An Australian soldier who, by reason of his misconduct or misbehaviour, was discharged from or otherwise ceased to be a member of the Defence Forces and is included in a class of members specified in the schedule to the War Gratuity Act 1945 shall not be treated as an eligible person for the purposes of the legislation.

However, if the reason for separation from the Forces was not on account of misconduct or misbehaviour, irrespective of whether that reason is included in the schedule, the provisions of ss.4(2C) do not apply.

Where the relevant misconduct or misbehaviour was absence without leave, the delegate may treat the Australian soldier as an eligible person if, having regard to the quality of his service outside Australia, he/she considers it appropriate to do so.  Where it is established that the misconduct or misbehaviour was absence without leave, and the Department of Defence has advised that the applicant completed satisfactory service outside Australia, eligibility may be established.

Where the information provided by the Department of Defence indicates that the applicant was discharged from the Forces by reason of misconduct or misbehaviour and he was an Army Officer, Air Force Officer or Airman, the following supplementary information (whichever questions are relevant) should be requested in order to make a determination as to eligibility.

Army Officers

(a)was the person dismissed by  court-martial?

(b)was the person retired with a 'misconduct' entry in Service Records?

Air Force

(a) was the person discharged by court-martial?

(b)was the person's discharge designated in the authority as disciplinary?

Delegates do not need details of any individual's behaviour in such instances, as a determination may be made on the strength of the Department of Defence answer to the above questions.

Under no circumstances should other details of an applicant's discharge be sought from the Department of Defence.

Where an application is lodged by a widow, widower or dependent parent of an Australian soldier whose application was or would have been declined in accordance with the provisions of ss.4(2C), the application may be accepted.