10.2.5 Exclusions

The following circumstances will generally exclude a person from being considered a regular serviceman:

10.2.5.1First enlistment on or before 14 May 1985 but not qualifying service.  A person who first enlisted in the Defence Force on or before 14 May 1985 and who has not completed the required period of service in respect of that first or any subsequent enlistment, is not eligible for DSH assistance.  If such a person subsequently completes a 'basic service period' covered by the Defence HomeOwner Scheme, eg as a Reservist, the person may apply for DHO assistance.  In such cases, a statement may be prepared indicating that the DSH Act does not apply to the person.  It is not intended that such persons would have entitlements under both Schemes if the person subsequently completed DSH qualifying service.

10.2.5.2Pre-existing Medical Condition.  A person discharged on medical grounds where the medical condition existed when the person commenced continuous full-time service if the discharge or termination of appointment:

•       occurred before the completion of 12 months' effective full-time service;  and
•       the medical condition, was not aggravated, or was not materially aggravated by that service.

However, if an aggravated pre-existing condition led to the person's discharge, the degree of aggravation is to be taken to be material aggravation and the person's eligibility may be established.

10.2.5.3Misconduct or Misbehaviour.  A person with otherwise appropriate service may be ineligible if that service ended due to misconduct or misbehaviour.  However, this exclusion does not apply to the widow, widower or dependent parent of a person whose service ended due to misconduct or misbehaviour [please see Eligibility GO 11 for full details].