2.1 DSH Legislation

The relevant provisions of subsection 4(1) are:

Eligible person means a person who —

(a)is an Australian soldier;

(b) is a munition worker;

(c)is a war worker;

(d)is a member of the Young Men's Christian Association who, during the First World War, was accepted for service with and served abroad with the Naval or Military Forces of Australia as a representative of that Association;

(e) has been awarded, in respect of his employment during the First World War, the Australian Mercantile Marine War Zone Badge, or the British Mercantile Marine Medal; and was during such employment domiciled in Australia or a Territory;

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and includes a widow, widower or dependent parent of a person specified in any of the paragraphs (a) to (g) of this definition;

Australian Soldier means a person who, during the First World War ... —

(a) is or was a member of the Naval, Military or Air Forces of Australia enlisted or appointed for or employed on active service outside Australia or on a ship of war; or

(b) is or was a member of any nursing service maintained by the Commonwealth in connection with the Defence Force of the Commonwealth or any part thereof accepted or appointed for service outside Australia; or

(c) served in the Naval, Military or Air Forces of any part of the King's Dominions, other than the Commonwealth, and who proves to the satisfaction of the Secretary that he had, before his enlistment or appointment for service, resided in Australia or a Territory; or

(d) was a member of any nursing service maintained by the Government of any part of the King's Dominions other than the Commonwealth, in connection with the Naval, Military or Air Forces of that part, and who proves to the satisfaction of the Secretary that she had, before her appointment to that service, resided in Australia or a Territory,

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Munition worker means a person who, during the First World War:

(a) entered into an agreement with the Commonwealth or the Minister of State for Defence to proceed to Great Britain for the purpose of -

(i)engaging in the work of producing munitions for the Imperial Government or otherwise, or

(ii)serving under the Imperial Government in the Ministry of Munitions; and

(b) engaged in the work of producing munitions for the Imperial Government or otherwise or served under the Imperial Government in the Ministry of Munitions, and whose agreement with the Commonwealth or the Minister of State for Defence was not determined by reason of his failure to observe and perform any term or condition contained in the agreement, or by reason of his dismissal from any work in Great Britain during the continuance of the agreement because of any conduct of the worker which, in the opinion of the Minister, was such as to justify the determination of the agreement;

War worker means a person, who, during the First World War, entered into an agreement with the Commonwealth to proceed to Great Britain for the purpose of engaging in work as a labourer, fettler or navvy for the Imperial Government or otherwise and engaged in such work, and whose agreement with the Commonwealth or the Minister of State for Defence was not determined by reason of his failure to observe and perform any term or condition contained in the agreement, or by reason of his dismissal from any work in Great Britain during the continuance of the agreement because of any conduct of the worker which, in the opinion of the Minister, was such as to justify the determination of the agreement;

Subsection 4(2B)  For the purposes of paragraph (c) of the definition of Australian Soldier in subsection (1), a person shall not be taken to have served in the Naval, Military or Air Forces of any part of the King's Dominions, other than the Commonwealth, unless he served in such Forces -

(a) in an operational area outside the country or place of his enlistment or appointment for service; or

(b)as a combatant in an active combat unit.