3.1 Definitions

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions

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3.1.1 Defence service

The Defence Force means the Permanent Forces – Australian Army, Navy and Air Force – and the Reserves.   

Definition of Defence Force

Section 5 of the MRCA

Defence service (paragraph 6(1A) of the MRCA) comprises:

  • warlike service (as determined by the Defence Minister under paragraph 6(1)(a) of the MRCA);
  • non-warlike service (as determined by the Defence Minister under paragraph 6(1)(b) of the MRCA), including peacekeeping service (defined at section 6A);
  • peacetime service 6(1)(c) of the MRCA;
  • British nuclear test defence service (section 6B of the MRCA); and
  • Hazardous service (section 6C of the MRCA).
  • Operational Service under the pre 1997 Nature of Service frameworks is also covered under Chapter 12 and the Act applies to this as if it were warlike or non-warlike service.

Please Note: The nature of service classification system established by the Department of Defence and used under the MRCA (the peacetime/non-warlike/warlike framework), usually operates in such a way that all service rendered outside an operational area is treated as peacetime service, even where a member or unit is en route to an operational area for the purpose of rendering service on a non-warlike or warlike operation. As a consequence, injuries incurred while outside the operational area (even if only a short distance away from the operational area) must be regarded as having been incurred on peacetime service, unless the service meets the terms of the warlike/non-warlike service.

A list of the Ministerial determinations for warlike service are at Military Rehabilitation and Compensation (Warlike Service) Determination 2019 - Federal Register of Legislation and non-warlike service are at Veterans’ Entitlements (Non-warlike Service) Determination 2019 - Federal Register of Legislation

These determinations can also be found in the Service Eligibility Assistant | CLIK. For the purposes of applying the MRCA, service with the Defence Force (Defence service) also includes:

  • cadets – https://www.legislation.gov.au/C2019A00096/asmade/text while cadets and cadet instructors are not members of the ADF and they are not rendering a particular form of ADF service, they are eligible under the MRCA for injuries or diseases sustained while or due to conducting Cadet activities. However, 'cadet helpers' who are not formally appointed as Officers/Instructors of cadets are not covered as they do not come within the Defence Act definitions, and
  • declared members – when engaged in or performing activities or acts as specified in a Defence Minister determination made under section 8 of the MRCA only.

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/311-defence-service

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3.1.2 Declared Member Determinations

The following table contains the declared member determinations that have been made under section 8 and Section 442(5) of the MRCA.

 

Title

Person

Acts/Activities

Date of coverage

Military Rehabilitation and Compensation (Members) Determination 2004 (No.1) and section 7A of the MRCA

1.   Persons who hold an honorary rank or appointment in the ADF

Acts performed by the person in assisting the ADF

 

 

2.   Persons who are on Career Transition Assistance under an arrangement approved by the ADF

Acts performed in connection with the arrangement

 

 

 

3.   Members of approved philanthropic organisations serving the Defence Force

Acts performed:

     i.   As an accredited representative of the philanthropic organisation; and

     ii.  While providing services in support of the ADF as authorised by the sponsoring ADF unit

 

Military Rehabilitation and Compensation (Members) Determination 2006

CLIK HERE to view the determination that lists the individual/s

Acts performed, as war photographer at the request or direction of the Defence Force

1 February 2006 –

30 April 2006

Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2)

Persons contracted by the Department of Defence to provide or support the provision of:

     a.   musical performances and entertainment; or

     b.   management and technical support for performers referred to in a) above

at the request of the Defence Force

 

Acts performed in the provision or support of musical performances and entertainment under the auspices of the Forces Advisory Committee on Entertainment.

1 July 2004

-

16 December 2015*

Military Rehabilitation and Compensation (Members) Determination 2007

Persons commissioned by the AWM to provide original works in a range of media, including still photography, cinematography, paintings, drawings, and written work concerning the operations of the ADF

Acts performed in a Defence Force area of operations for the purpose of providing works as commissioned by the AWM

1 February 2007

-

16 December 2015*

Continuous Fulltime Service Determination 2026One individual (saved in relevant individual’s HP Content folder)Acts performed while a war artist in Somalia and Rwanda various
Continuous Fulltime Service Determinations 2026Various cohorts and individuals determined for VEA coverage prior to 1 July 2026Various - As defined in determinationvarious

# In 2013, as a result of the MRCA review, a new section (7A) was inserted into the MRCA to define holders of honorary rank, members on career transition arrangements and members of philanthropic organisations supporting the ADF as 'members' under the Act.

* In December 2015, the Minister for Employment issued the Safety, Rehabilitation and Compensation (Definition of Employee - War artists and Entertainers) Notice 2015 with effect from 17 December 2015. From this date, war artists and entertainers who support the ADF on operations, and who are not already covered by another compensation scheme, are covered under the SRCA. See the SRCA Liability Handbook Chapter 8.1.4.

Delegates should note that while these historical determinations remain relevant for defining declared members, all liability decision from 1 July 2026 are made under the MRCA.

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/312-declared-member-determinations

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3.1.3 Non-Warlike Service Determinations

The non-warlike service determinations that have been made under paragraph 6(1)(b) of the MRCA is available here Veterans’ Entitlements (Non-warlike Service) Determination 2019 - Federal Register of Legislation

Note: The most recent determinations may be found within the clik://sea/Service Eligibility Assistant | CLIK

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/313-non-warlike-service-determinations

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3.1.4 Warlike Service Determinations

The warlike service determinations that have been made under paragraph 6(1)(a) of the MRCA are available here Military Rehabilitation and Compensation (Warlike Service) Determination 2019 - Federal Register of Legislation.

Note: The most recent determinations may be found within the Service Eligibility Assistant | CLIK.

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/314-warlike-service-determinations

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3.1.5 Injury, disease and death

An 'injury' means any physical or mental injury, including the recurrence of a physical or mental injury.  It does not include a 'disease' (as defined below) or an aggravation of a physical or mental injury.

A 'disease' means any physical or mental ailment, disorder, defect or morbid condition (whether sudden onset or gradual development), or the recurrence of same.  It does not include the aggravation of such an ailment, disorder, defect or morbid condition; nor the temporary departure from the normal physiological state or accepted ranges of physiological or biomechanical measures, resulting from:

  • normal physiological stress (e.g. the effect of exercise on blood pressure); or
  • temporary effect of extraneous agents (e.g. the effect of alcohol on blood cholesterol levels).

Whether or not an injury or disease is a 'service injury' or 'service disease' depends on whether or not a causal or temporal link to Defence service can be identified. These also include injuries or diseases arising from treatment while in the ADF or treatment provided at DVA expense for a service condition, and can be established via the relevant heads of liability – section 27; section 27A; section 29; and section 30.  These heads of liability are detailed elsewhere in this chapter.

Whether or not a 'death' is a 'service death' depends on whether or not a relationship to MRCA service, including death arising from ADF or DVA treatment provided in connection with that service, can be established via the relevant heads of liability – section 28; and section 29.  These heads of liability are detailed elsewhere in this chapter.

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions/315-injury-disease-and-death

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