C11/2008 Civilians in Papua and New Guinea during World War 2

DATE OF ISSUE:  08 May 2008

Civilians in Papua and New Guinea during World War 2

Purpose	To give direction regarding civilian claims for qualifying service whose service was in Papua or New Guinea during World War 2.
Background	In recent times there have been several cases put to Veterans' Compensation Policy for consideration in relation to granting qualifying service (QS) to civilians who worked in New Guinea during World War 2.  These cases prompted a review of the current policy regarding such determinations to ensure expedience with any future determinations of similar cases.
Current Ministerial Determinations	Two Ministerial World War 2 continuous full-time service determinations exist which include the provision that the VEA can apply to certain civilians who were either “attached to the Defence Force” or “appointed to the Royal Australian Air Force Reserve”.  Copies of these determinations are at Attachments A and B.
Lack of Evidence	The central issue in the review dealt with the documentary evidence needed to formally support their 'attachment' or 'appointment' as quoted in the abovementioned determinations.  The very nature of World War 2 and the time that has since elapsed gives way to the realisation it was often difficult for civilians to always ensure documented evidence of their attachment or appointment to the ADF.  We recognise there are genuine cases where no official documentation exists for the claimant who may still qualify for QS.
Instructions	The main issues for consideration of this very small group of people who would fall into this category are civilians who: served in Papua or New Guinea during World War 2; and have supporting documentation confirming their work was in a 'period of hostilities', and would have been considered under the command of the ADF, and do not hold any official records confirming their attachment or appointment to the ADF. As already noted in the Consolidated Library of Information & Knowledge (CLIK), all qualifying service claims for civilians during World War 2 still need to be referred to the Veterans' Compensation Policy Section. Please ensure that all possible research has been undertaken prior to handing the case over to Veterans' Compensation Policy.  Such research which may include newspaper articles, excerpts from books, documentation from their employment or any form of evidence from Defence of contact from them for that time/place.
Contact	Any queries regarding this instruction should be directed to Paula Green on (02) 6289 4779 or by e-mail to Paula.Green@dva.gov.au.

Sean Farrelly

National Manager

Compensation Policy Group

7 May 2008

ATTACHMENTS

A                Copy of the continuous full time service World War 2 18 December 1987 Ben

                   Humphreys determination.

B  Copy of the continuous full time service World War 2 part-time and reserve forces

                   12 December 1987 Ben Humphreys determination.

ATTACHMENT A

Copy of the continuous full time service World War 2 12 December 1987 Ben Humphreys determination

VETERANS' ENTITLEMENTS ACT 1986

DETERMINATION AS TO CERTAIN PERSONS WHO ARE TO BE TREATED AS IF FULL-TIME MEMBERS OF THE DEFENCE FORCE IN RESPECT OF SERVICE IN WORLD WAR 2

I, BENJAMIN CHARLES HUMPHREYS, Minister of State for Veterans' Affairs, pursuant to paragraph 5(13)(a) of the Veterans' Entitlements Act 1986, hereby determine that the Veterans' Entitlements Act 1986 shall apply to, and in relation to, a person included in the classes of persons, as if that person, while rendering service during World War 2 of a kind specified in this determination, was a member of the Defence Force rendering continuous full-time service for the purposes of this Act:

(1)persons employed by the Commonwealth of Australia who were attached to the Defence Force, being -

(a)persons who were so attached for continuous service, and who provided services as personnel belonging to field broadcasting units, as telegraphists, as camoufleurs, as war correspondents, as photographers or as cinematographers: or

(b)any other persons during any period when they provided service and assistance to the Defence Force: or

(2)persons who, as representatives of an approved philanthropic organisation, provided welfare services to the Defence Force.

For the purposes of this Determination -

"approved philanthropic organisation" means:

(a)the Australian Red Cross Society;

(b)the Salvation Army;

(c)the Young Women's Christian Association of Australia:

(d)the Young Men's Christian Association of Australia; and

(e)the Australian Comforts Fund.

"World War 2" has the same meaning as it has in subsection 5 (1) of the Veterans' Entitlements Act 1986.

DATED Friday 18th day of December 1987

BEN HUMPHREYS

Minister of State for Veterans' Affairs

ATTACHMENT B

Copy of the continuous full time service World War 2 part-time and reserve forces 12 December 1987 Ben Humphreys determination

VETERANS' ENTITLEMENTS ACT 1986

DETERMINATION AS TO CERTAIN DEFENCE FORCE PERSONNEL WHO ARE TO BE TREATED AS IF FULL-TIME MEMBERS OF THE DEFENCE FORCE IN RESPECT OF SERVICE IN WORLD WAR 2

I, BENJAMIN CHARLES HUMPHREYS, Minister of State for Veterans' Affairs, pursuant to paragraph 5(13)(b) of the Veterans' Entitlements Act 1986, hereby determine that the Veterans' Entitlements Act 1986 shall apply to, and in relation to, a person included in the following classes of persons, being members of the Defence Force, as if that person was, while rendering service during World War 2 of the kind specified in this determination, rendering continuous full-time service for purposes of this Act:

(1)persons who served with the Citizen Military Force or the Volunteer Defence Corps on a part-time basis during any period of such service; or

(2)persons who were appointed to the Royal Australian Air Force Reserve by reason that they were:

(a)members of a civil airline required to make flights involving risk of enemy action or risks greater than normal airline operations; or

(b)members of civil ground staff required for flights described in sub-clause (a) for the purposes of servicing, maintenance or operation of the aircraft involved; or

(c)employees of the Department of Civil Aviation stationed at a place where they were provided with arms and where they were partly or wholly responsible for local defence; or

(d)civil ground staff, employed by a civil airline or the Department of Civil Aviation, stationed in a war zone outside the mainland of Australia; or

(3)persons employed by Amalgamated Wireless (Australasia) Limited during the period of any appointment as Telegraphist Officers or while attested as Telegraphist Ratings in the Royal Australian Naval Volunteer Reserve (Unmobilised).

For the purposes of this Determination, “World War 2” has the same meaning as it has in subsection 5(1) of the Veterans' Entitlements Act 1986.

DATED Friday the 18th day of December 1987

BEN HUMPHREYS

Minister of State for Veterans' Affairs