60/1998 Budget Measures 1997-98 - Anomalies & Eligibility

Defence Service Homes
National Office Instruction

amending DSH General Orders (1993 edition)

Instruction No. 60
Date of Effect: 3 November 1997

1997/98 BUDGET MEASURES

REVIEW OF ANOMALIES SINCE WWII – DEFENCE SERVICE HOMES ELIGIBILITY

Purpose

The purpose of this Instruction is to explain the effects of the amending legislation covering the changes to the DSH Scheme announced in the Budget of 13 May 1997.

Background

Details of the Budget measures were forwarded on 13 May 1997. The Defence Service Homes Act 1918 was subsequently amended by the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997. The amending legislation received Royal Assent on 3 November 1997. The DSH measures apply from the date of Royal Assent.

The change to Defence Service Homes eligibility comes about following a review of anomalies in Repatriation benefits in respect of various groups of veterans with overseas service since WWII. The definition of 'Australian Soldier' has been extended to cover these groups in the following manner.

The official end date for WWII has been extended to 30 June 1951. This extends eligibility to those who served with the British Commonwealth Occupation Force (BCOF) in Japan during the period 3 January 1949 to 30 June 1951 inclusive.

A new Sub-section 4(1)(gc) has been inserted to extend eligibility to those with operational service in accordance with Section 6D of the Veterans' Entitlements Act 1986 (the VEA). This covers those who were assigned for service:

• in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957; or
• in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; or
• in North East Thailand (including Ubon) at any time during the period from and including 31 May 1962 to and including 31 August 1968.

It also covers those who were attached to the Far East Strategic Reserve (FESR) at any time during the period from and including 2 July 1955 to and including 27 May 1963.

A new Sub-section 4(1)(gd) has been inserted to extend eligibility to those whose first service began on or before 14 May 1985 and who have rendered operational service in accordance with Section 6E of the VEA. This covers those who were assigned for service:

• in the demilitarised zone between North and South Korea after 18 April 1956 (NB no end date); or
• on HMAS Vampire or HMAS Quickmatch in Vietnam during the period from and including 25 January 1962 to and including 29 January 1962.

A new Sub-section 4(1)(ge) has been inserted to extend eligibility to those whose first service began on or before 14 May 1985 and who have rendered warlike service as defined in Sub-section 5C(1) of the VEA. That definition reads -

'warlike service means service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.'

A determination of warlike service has been made in relation to members of the Australian Defence Force who rendered service in Vietnam (Southern Zone) during any period between 12 January 1973 and 29 April 1975 inclusive. Any future determinations of warlike service will extend DSH coverage automatically to those whose first service began on or before 14 May 1985.

Policy to be applied

Any person with the above service is eligible for DSH assistance in respect of that service. Other provisions of the Act are then to be applied as appropriate.

General Orders

The following revised and new GOs are issued.

Eligibility

GO 1.2.1 has been amended to include the new areas and dates of operational and warlike service.

GO 3.2.1 and 3.2.2.6. The official end date for World War II has been changed to 30 June 1951 to allow coverage of members of the British Commonwealth Occupation Forces (BCOF).

GO 3.2.2.7 has also been amended to include reference to the BCOF.

GO 4.4.1 has been amended to include a reference to those who were assigned for service in Singapore during the period 29 June 1950 to 31 August 1957 inclusive as being eligible, in addition to those who were allotted for duty.

A new Chapter 5 is inserted covering service in Japan, Korea (DMZ), the FESR, North East Thailand (incl. Ubon) and extended periods in South Vietnam.

Existing Chapters 5-13 have been renumbered 6-14.

New GO 5.3.2 includes a copy of the Instrument which lists the ships attached to the FESR.

New GO 5.3.3 includes a copy of the Instrument which determines ADF service in South Vietnam between 12 January 1973 and 29 April 1975 inclusive as being warlike service.

New GO 6.3.4 (previously GO 5.3.4) has a new instrument inserted which includes a list of ships for Vietnam service. It replaces the existing instrument.

An amended Index has also been prepared.

Because of the extent of these changes, the entire Eligibility General Orders have been reprinted. Please replace the existing Eligibility GOs with the revised version.

Effect on previously issued NOIs

This instruction has no effect on previously issued NOIs.

Barry Telford
Branch Head
Housing and Aged Care

26 March 1998