6.3.30 Part-time Reservists and Cadets who are Unlikely to Return to Defence Service

Section 10 of MRCA provides that it can be determined that a part-time Reservist or Cadet can be considered to have been discharged from the relevant service.  A delegate of the relevant Service Chief must advise, in writing, that the Reservist or Cadet is unlikely to be able to perform the duties of a part-time Reservist or Cadet in the future as a result of his or her incapacity.  This may also be relevant when a Reserve member has been placed on the 'unalloted list''.

Obtaining this information is particularly important for anyone who has discharged from the permanent ADF and transferred to the Reserves, or is a member of the Reserves (whether active or inactive).  Receipt of the Declaration from the relevant Service Chief enables the calculation of the first 45 weeks of incapacity to commence, as the advice confirms that the person is taken to be a former member for the purposes of the MRCA.  It should be noted that the advice must specify the date (which cannot be retrospective) the person is taken to have ceased for be a member.

Note:

Where a full-time serving member discharges from the permanent forces, and transfers to the Reserves, they are effectively still a serving member.  Accordingly we cannot commence counting any periods of incapacity towards the 45 maximum rate weeks.

When it becomes apparent that a part-time Reservist or Cadet has not been formally discharged (or resigned) from the Reserves or Cadets and is no longer capable of continuing service in the ADF, confirmation should be sought from the relevant Defence career management agency via the single access mechanism (SAM) (as per the list below), that the person is unlikely, as a result of their incapacity, to return to Defence service.

ARMY

Director General Personnel – Army

Department of Defence

R1-5-A038

Russell Offices

CANBERRA  ACT  2600

Director Officer Career Management – Army

Department of Defence

R8-8-020

Russell Offices

CANBERRA  ACT  2600

Director Soldier Career Management Agency

GPO Box 393D

MELBOURNE  VIC  3001

DIRECTOR ARMY PERSONNEL AGENCY (RESERVES)

Located in each state

RAAF

Director General Personnel – Air Force

Department of Defence

R8-9-019

Russell Offices

CANBERRA  ACT  2600

Director Personnel (Officers) – Air Force

Department of Defence

R8-7-014

Russell Offices

CANBERRA  ACT  2600

Director Personnel (Airmen) – Air Force

Department of Defence

R8

Russell Offices

CANBERRA  ACT  2600

Director of Personnel Reserves

Department of Defence

R8-7-048

Russell Officers

CANBERRA  ACT  2600

NAVY

Deputy Chief of Navy

Department of Defence

R1-4-C005

CANBERRA  ACT  2600

Commander Navy Systems Command

Department of Defence

CP4-7-037

Campbell Park Offices

Northcott Drive

CAMPBELL  ACT  2600

Director General Navy Personnel and Training

Department of Defence

R8-1-016

Russell Offices

CANBERRA  ACT  2600

Director Naval Officers' Postings

Department of Defence

R8-4-005

Russell Offices

CANBERRA  ACT  2600

Director Sailors' Career Management

Department of Defence

R8-5-042

Russell Offices

CANBERRA  ACT  2600

CADETS - Commanding Officer of the relevant Cadet Unit

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-6-incapacity-payments/63-general-rules-calculating-incapacity-payments/6330-part-time-reservists-and-cadets-who-are-unlikely-return-defence-service