Operational service

Sections 6A to 6F deal with operational service as set out in the following table:

Operational service
Item	Section number	Type of operational service
1	6A	Operational service—world wars
2	6B	Operational service—Australian mariners
3	6C	Operational service—post World War 2 service in operational areas
4	6D	Operational service—other post World War 2 service
5	6E	Operational service—Korean demilitarised zone and Vietnam
6	6F	Operational service—warlike and non-warlike service

s 6A Operational service—world wars

6A(1)Subject to subsection (3), a person referred to in column 2 of an item in the following table is taken to have been rendering operational service during any period during which the person was rendering continuous full-time service of a kind referred to in column 3 of that item.

Operational service
Item	Person	Nature of service
1	A member of the Defence Force	(a)continuous full-time service outside Australia during a war to which this Act applies (b)continuous full-time service for a period of at least 3 months in that part of the Northern Territory that is north of the parallel 14 degrees 30 minutes south latitude (including any of the islands adjoining the Northern Territory) between 19 February 1942 and 12 November 1943 (both dates inclusive) (c)continuous full-time service during a war to which this Act applies rendered within Australia immediately before, or immediately after, a period of continuous full-time service of the kind referred to in paragraph (a) or (b) (d)continuous full-time service rendered within Australia during World War 2 in such circumstances that the service should, in the opinion of the Commission, be treated as service in actual combat against the enemy
2	A member of the Defence Force who enlisted in the Defence Force while living on a Torres Strait Island	(a)continuous full-time service for a period of at least 3 months on that island between 14 March 1942 and 18 June 1943 (both dates inclusive) (b)continuous full-time service during a war to which this Act applies rendered within Australia immediately before, or immediately after, a period of continuous full-time service of the kind referred to in paragraph (a)
3	A member of the naval, military or air forces of a Commonwealth country or of an allied country who was domiciled in Australia or an external Territory immediately before his or her appointment or enlistment in those forces	Continuous full-time service during a war to which this Act applies rendered: (a)outside that country; or (b)within that country but in such circumstances that the service should, in the opinion of the Commission, be treated as service in actual combat against the enemy

6A(2)A person referred to in column 2 of an item in the following table is taken to have been rendering operational service during the period, or at the time, specified in column 3 of that item.

Operational service
Item	Person	Relevant period or time
1	A person who was, during a war to which this Act applies, employed by the Commonwealth on a special mission outside Australia	The period during which the person was so employed by the Commonwealth
2	An eligible civilian who was killed, during the invasion of the Territory of Papua or the Territory of New Guinea during World War 2, as a result of action by the enemy	The time of the event as a result of which the person was killed
3	An eligible civilian who was detained by the enemy during World War 2	The period during which the person was so detained
4	A person who, while rendering continuous full-time service as a member of the Defence Force within Australia during World War 2, was injured, or contracted a disease, as a result of enemy action	The time of the event as a result of which the person was injured or contracted the disease

6A(3)Any continuous full-time service that was rendered during World War 2 by a member of the Defence Force (other than a member of the Interim Forces) on or after the cut off date for the member is not taken to be operational service.

6A(4)For the purposes of subsection (3), the cut off date for a member of the Defence Force is the date applicable to the member in accordance with the following table:

Cut off date
Item	Member	Date
1	A member who was appointed or enlisted for war service in any part of the Defence Force that was raised during World War 2 for war service, or solely for service during that war or during that war and a definite period immediately following that war	1 July 1951
2	A member who was appointed or enlisted in the Citizen Forces and was called up for continuous full-time service for the duration of, or directly in connection with, World War 2	1 July 1951
3	A member who served in the British Commonwealth Occupation Force in Japan	1 July 1951, or the day on which the member arrived back in Australia on the completion of his or her service in that Force, whichever is the earlier
4	Any other member	3 January 1949

s 6B Operational service—Australian mariners

6B(1)A person is taken to have been rendering operational service during:

(a)any period of employment outside Australia as an Australian mariner on a ship; or

(b)any period of employment within Australia as an Australian mariner on a ship if that period of employment ended immediately before, or started immediately after, the period of employment referred to in paragraph (a).

6B(2)A person who, while employed within Australia as an Australian mariner on a ship, was injured, or contracted a disease, as a result of enemy action is taken to have been rendering operational service at the time of the event as a result of which the person was injured or contracted the disease.

6B(3)A person who was employed within Australia as an Australian mariner on a ship in such circumstances that the employment should, in the opinion of the Commission, be treated as employment in actual combat against the enemy is taken to have been rendering operational service while the person was so employed.

6B(4)Without limiting subsection (1), a person is taken to have been employed outside Australia as an Australian mariner on a ship in each of the following circumstances:

(a)at any time when the person was at a place outside Australia on leave from the ship while the ship was at a port outside Australia;

(b)at any time when the person was outside Australia while on his or her way to take up employment as an Australian mariner on a ship;

(c)while the person was awaiting return to Australia from employment as an Australian mariner on a ship;

(d)while the person was returning to Australia from employment as an Australian mariner on a ship.

6B(5)For the purposes of this section, if a person was employed as an Australian mariner on a ship undertaking a voyage for the purpose of going from a place within Australia to another place within Australia, the member is taken to have been employed within Australia during the whole of the voyage.

6B(6)In this section:

Australia does not include an external territory.

s 6C Operational service—post World War 2 service in operational areas

6C(1)Subject to this section, a member of the Defence Force who has rendered continuous full-time service in an operational area as:

(a)a member who was allotted for duty in that area; or

(b)a member of a unit of the Defence Force that was allotted for duty in that area;

is taken to have been rendering operational service in the operational area while the member was so rendering continuous full-time service.

6C(2)A member of the naval, military or air forces of a Commonwealth country or of an allied country who:

(a)was domiciled in Australia or an external Territory immediately before his or her appointment or enlistment in those forces; and

(b)has rendered continuous full-time service in an operational area;

is taken to have been rendering operational service in the operational area while the member was so rendering continuous full-time service.

6C(3)For the purposes of subsection (1), a member of the Defence Force is, subject to subsection (4), taken to have rendered continuous full-time service in an operational area during the period commencing on:

(a)if the member was in Australia on the day (relevant day) from which the member, or the unit of the member, was allotted for duty in that area—on the day on which the member left the last port of call in Australia for that service; or

(b)if the member was outside Australia on the relevant day—on that day;

and ending at the end of:

(c)if the member, or the unit of the member, ceased to be allotted for duty—the day from which the member, or the unit, ceased to be allotted for duty; or

(d)if the member, or the unit of the member, was assigned for duty from the operational area to another area outside Australia (not being an operational area)—the day from which the member, or the unit, was assigned to that other area, or the day on which the member, or the unit, arrived at that other area, whichever is the later; or

(e)in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.

6C(4)If, while rendering continuous full-time service in an operational area, a member of the Defence Force has:

(a)returned to Australia in accordance with the Rest and Recuperation arrangements of the naval, military or air forces; or

(b)returned to Australia on emergency or other leave granted on compassionate grounds; or

(c)returned to Australia on duty; or

(d)returned to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Defence Force;

only so much of the period of service of the member within Australia after his or her return and while the member:

(e)continued to be allotted for duty in an operational area; or

(f)continued to be a member of a unit of the Defence Force allotted for duty in an operational area;

as does not exceed 14 days is taken, for the purposes of subsection (1), to be a period when the member was rendering continuous full-time service in the operational area.

s 6D Operational service—other post World War 2 service

6D(1)This section applies to a member of the Defence Force who, or a member of a unit of the Defence Force that:

(a)was assigned for service:

(i)in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957; or

(ii)in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; or

(iii)in North East Thailand (including Ubon) at any time during the period from and including 31 May 1962 to and including 24 June 1965; or

(b)was, at any time during the period from and including 1 August 1960 and including 27 May 1963, in the area comprising the territory of Singapore and the country then known as the Federation of Malaya;

but so applies only if the member, or the unit of the member, is included in a written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act.

6D(2)A person to whom this section applies is taken to have been rendering operational service during any period during which he or she was rendering continuous full-time service as:

(a)a member of the Defence force; or

(b)a member of a unit of the Defence Force;

while the person was in the area described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be).

6D(3)For the purposes of subsection (2), the operational service of a person to whom this section applies:

(a)is taken to have started:

(i)if the person was in Australia on the day (relevant day) from which his or her unit was assigned for service as described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be)—on the day on which the member left the last port of call in Australia for that service; or

(ii)if the person was outside Australia on the relevant day—on that day; and

(b)is taken to have ended:

(i)if the member was assigned for service in another country or area outside Australia (not being an operational area)—the day from which the member was assigned to that other country or area, or the day on which the member arrived at that other area, whichever is the later; or

(ii)in any other case—the day on which the member arrived at the first port of call in Australia on returning from operational service.

s 6E Operational service—Korean demilitarised zone and Vietnam

A member of the Defence Force who was assigned for service:

(a)in the demilitarised zone between North Korea and South Korea after 18 April 1956; or

(b)on HMA Ship Vampire or Quickmatch in Vietnam during the period from and including 25 January 1962 to and including 29 January 1962;

is taken to have been rendering operational service while he or she was so rendering continuous full-time service in that zone or in Vietnam (as the case may be) during the period in which he or she was so assigned for service.

s 6F Operational service—warlike and non-warlike service

A member of the Defence Force is taken to have been rendering operational service during any period of warlike service or non‑warlike service of the member.

These terms are defined in s 5C(1):

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

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

Declarations of Warlike Service and Non-warlike Service – s 5C(1)

East Timor

Ministerial Determinations have been made in respect of service in East Timor and adjacent waters:

Non-warlike service:

OPERATION FABER – 19 June to 15 September 1999

OPERATION SLIPPER – 6 September to 19 September 1999

Warlike Service:

OPERATION TANAGER – From 20 February 2000

OPERATION STABILISE – 16 September 1999 to 23 February 2000

OPERATION FABER – 16 September 1999 to 23 February 2000

OPERATION WARDEN – 16 September 1999 to 10 April 2000

Afganistan and the “War on Terrorism”

The Minister made a Declaration of Warlike Service on 7 December 2001 covering members of the ADF who were allotted for service on or after 11 October 2001 with OPERATION SLIPPER in one of two Specified Areas. Specified Area 1 is a lage geographical area covering Afganistan, Pakistan, the Middle East and parts of Africa, Russia, India and the Central Asian Republics. Specified Area 2 is an area covering Diego Garcia and a radius of 250 nm out from that island.

Schedule 2—Operational Areas

Description of operational areas	Period
1.The area of Korea, including the waters contiguous to the coast of Korea for a distance of 185 kilometres seaward from the coast.	The period from and including 27 June 1950 to and including 19 April 1956
2.The area of Malaya, including the waters contiguous to the coast of Malaya for a distance of 18.5 kilometres seaward from the coast.	The period from and including 29 June 1950 to and including 31 August 1957
3.The area comprising the territories of the countries then known as the Federation of Malaya and the Colony of Singapore, respectively.	The period from and including 1 September 1957 to and including 31 July 1960
4.Vietnam (Southern Zone).	The period from and including 31 July 1962 to and including 11 January 1973
5.All that part of the Federation of Malaya contained within the area bounded by a line commencing at the intersection of the western shore of the Federation of Malaya at high-water mark and the boundary between the States of Perlis and Kedah; thence proceeding generally north‑easterly along that boundary to its intersection with the railway line from Arau to Penang Tunggal; thence following that railway line generally southerly to its intersection with the northern boundary between the States of Penang and Kedah; thence proceeding along the boundary between those States generally easterly, southerly and westerly to the intersection of the boundaries of the States of Penang, Kedah and Perak; thence following the boundary between the States of Penang and Perak to its intersection with the railway line from Penang Tunggal to Taiping;	The period from and including 1 August 1960 to and including 16 August 1964.
thence following that railway line generally southerly, easterly and southerly to its intersection with the parallel 4 degrees 51 minutes north latitude; thence proceeding due south in a straight line to the intersection of that line with the parallel 4 degrees 30 minutes north latitude; thence proceeding along that parallel to its intersection with the eastern bank of the Perak River; thence following that bank of that river to its intersection with the parallel 4 degrees 47 minutes north latitude; thence proceeding in a straight line to the intersection of the boundaries of the States of Perak, Kelantan and Pahang; thence proceeding along the boundary between the States of Kelantan and Pahang to its intersection with the meridian 101 degrees 48 minutes east longitude; thence proceeding in a straight line to the intersection of the eastern bank of the Raya River with the eastern bank of the Nenggiri River; thence following that bank of that river to its intersection with the western bank of the Galas River; thence proceeding in a straight line due east to the eastern bank of that river; thence following that bank of that river and the eastern bank of the Kelantan River to its intersection with the eastern shore of the Federation of Malaya at high-water mark; thence following that shore at high-water mark to its intersection with the boundary between the Federation of Malaya and Thailand; thence proceeding along that boundary to the western shore of the Federation of Malaya and Thailand at high-water mark; thence following that shore of the Federation of Malaya at high‑water mark to the point of commencement.
6.All that area of land and waters (other than islands and waters forming part of the territory of the Republic of the Philippines) bounded by a line commencing at the intersection of the northern shore of Borneo at high-water mark with the boundary between Kalimantan and Sarawak; thence proceeding generally south‑easterly, easterly and northerly along that boundary to its junction with the boundary between Kalimantan and Sabah; thence proceeding generally easterly along that boundary to its intersection with the eastern shore of Borneo at high-water mark; thence proceeding in a straight line easterly to the intersection of the western shore of the island of Sebatik at high-water mark with the boundary between that part of that island that forms part of Sabah and that part of that island that forms part of Kalimantan; thence proceeding generally easterly along that boundary to its intersection with the eastern shore of the island of Sebatik at high‑water mark; thence proceeding in a straight line easterly to a point 80.5 kilometres east (true) of the intersection of the eastern shore of Borneo at high-water mark with the boundary between Kalimantan and Sabah; thence proceeding generally northerly and south‑westerly parallel to and at a distance of 80.5 kilometres from the eastern and northern shores, respectively, of Borneo at high‑water mark to a point 80.5 kilometres north (true) of the point of commencement; thence proceeding in a straight line southerly to the point of commencement.	The period from and including 8 December 1962 to and including 16 August 1964
7.The territories of Malaysia, Brunei and Singapore and the waters adjacent to those countries.	The period from and including 17 August 1964 to and including 30 September 1967
8.All that area of land and waters (other than land or waters forming part of the territory of Cambodia or China) bounded by a line commencing at the intersection of the boundary between Cambodia and Vietnam (Southern Zone) with the shore of Vietnam (Southern Zone) at high‑water mark; thence proceeding in a straight line to a point 185.2 kilometres west (true) of that intersection; thence proceeding along an imaginary line parallel to, and at a distance of 185.2 kilometres from, the shore of Vietnam at high-water mark to its intersection with the parallel 21 degrees 30 minutes north latitude; thence proceeding along that parallel westerly to its intersection with the shore of Vietnam at high-water mark; thence following the shore of Vietnam at high-water mark to the point of commencement.	The period from and including 31 July 1962 to and including 11 January 1973
9.The area comprising the United Nations Mandated Territory of Namibia and the area of land extending 400 kilometres outwards from the borders of Namibia into the adjoining countries of Angola, Zambia, Zimbabwe, Botswana and South Africa (including Walvis Bay).	The period from and including 18 February 1989 to and including 10 April 1990
10.The area comprising the following countries and sea areas: (i)Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates and the Island of Cyprus; (ii)the sea areas contained within the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Gulf of Aden, the Persian Gulf and the Gulf of Oman; (iii)the sea area contained within the Arabian Sea north of the boundary formed by joining each of the following points to the next: (A)20˚ 30´ N 70˚ 40´ E; (B)14˚ 30´ N 67˚ 35´ E; (C)8˚ 30´ N 60˚ 00´ E; (D)6˚ 20´ N 53˚ 52´ E; (E)5˚ 48´ N 49˚ 02´ E; (iv)the sea area contained within the Suez Canal and the Mediterranean Sea east of 30˚ E.	The period from and including 2 August 1990 to and including 9 June 1991
11.The area comprising Iraq and Kuwait	The period from and including 23 February 1991 to and including 9 June 1991
12.The area comprising Cambodia and the areas in Laos and Thailand that are not more than 50 kilometres from the border with Cambodia	The period from and including 20 October 1991 to and including 7 October 1993
13.The area comprising the former Yugoslavia	The period from and including 12 January 1992 to and including 24 January 1997
14.The area comprising Somalia	The period from and including 20 October 1992 to and including 30 November 1994

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