C48/2002 ELIGIBILITY CRITERIA FOR OFFICIAL COMMEMORATION

Purpose

The purpose of this Departmental Instruction is to provide information about the eligibility criteria for official commemoration that is carried out by the Office of the Australian War Graves (OAWG).

Background

The War Cabinet on 10 March 1922 extended official commemoration to war caused deaths following discharge. In 1942 official commemoration was extended for World War II veterans and in 1991 for post World War II veterans. In 1960 eligibility for official commemoration was extended to deceased Victoria Cross recipients.

Eligibility Criteria

For the purposes of commemoration 'war-caused' deaths covers deaths related to the following types of service: eligible war service, operational service, warlike service or non-warlike service (including peacekeeping service or hazardous service. The following are eligible for official commemoration:

• Deceased 'Victoria Cross' recipients regardless of cause of death.
• Deceased veterans whose deaths are accepted by a delegate of the Repatriation Commission as being war caused; or

• Deceased veterans with eligible war service, operational service, warlike service or non-warlike service (including peacekeeping service):

―were ex-prisoners of war;

―who were in receipt of a special rate (T&PI or blinded) disability pension; or

―who were in receipt of an extreme disablement adjustment; or

―who were multiple amputees of a kind described in any of items 1 to 6 of the Table in s.27(1)..

Defence Service

Deceased members of the ADF whose only VEA service is defence service after 7 December 1972 do not qualify for official commemoration.

Claims for official commemoration

Claims for official commemoration have no lodgement time limit. Normally, no claim is required since once it is determined that a veteran meets the eligibility criteria for official commemoration, OAWG is advised.

A relative or interested citizen may make a claim for official commemoration of a deceased veteran. A delegate of the Repatriation Commission will decide whether the deceased veteran is eligible for official commemoration - ie whether the veteran's' death would have been accepted as war caused under the VEA.

Status of official commemoration decisions relative to the VEA

Official commemoration eligibility decisions follow-on from decisions made under the VEA. They are not in themselves decisions under the VEA. Appeal rights under the VEA do not apply.

Delegation to make official commemoration decisions

A determination that a deceased veteran is eligible for official commemoration is a determination under generic financial delegations.  There is no legislation that gives a specific delegation to make the decision but it is a proposal to spend public money as outlined in Chief Executive Instruction 5.1.

Consequently, a decision that a deceased veteran is eligible for official commemoration is to be made by a Commission delegate at the APS5 level or above. (See

http://sharepoint/money/rules/reg_10/Pages/GenericFinancialDelegations.aspx

for generic financial delegations.) In exercising a delegation when making an Official commemoration eligibility decision staff should indicate their local title and/or classification.

Advice to OAWG

State Office Bereavement units and decision-makers:

• advise OAWG within 2 weeks of determination of eligibility;
• check SM prefixes to ensure veteran has operational service;
• check for highest rank or military title held by the veteran since an incorrect rank or title causes embarrassment to next of kin;
• avoid abbreviations when listing unit; and
• include name and contact details.

Review rights

The Repatriation Commission has agreed that persons dissatisfied with an eligibility decision have access to internal review of that decision. External review may be available under the Judiciary Act 1903.

Contact

Contact officer for enquires relating to this topic is Anthony Staunton, Policy, Eligibility and Research on 02 6289 6640.