Overview

The Office of Australian War Graves (OAWG) provides and maintains official commemorations for veterans of the Australian Defence Force (ADF) who have died in war or conflict, and for eligible veterans who have died after war or conflict of causes related to their service.

Eligibility requirements

In order to be eligible for official commemoration, a veteran must have rendered one of several types of relevant service, in addition to having died as a result of relevant service or having been eligible for certain entitlements prior to their death.

Types of service that may be eligible for official commemoration

In order to be eligible for official commemoration, a veteran must have rendered one of the below types of relevant service: 

• operational service in a prescribed operational area (set out in Schedule 2 of the Veterans’ Entitlements Act 1986 (VEA) or section 451 of the Military Rehabilitation and Compensation Act 2004 (MRCA))
• warlike or non-warlike service under the VEA or the MRCA

• peacekeeping service as a member of the ADF under the VEA or the MRCA; 

  AND

• The veteran died during one of the relevant types of service (noting that commemoration of deaths during the World Wars are the responsibility of the Commonwealth War Graves Commission, rather than the OAWG).
• The veteran was an ex-prisoner of war.
• The veteran was a Victoria Cross recipient.
• The veteran was in receipt of any of the following grandparented VEA payments at the time of their death: 
  • Special Rate (TPI) Pension
  • Extreme Disablement Adjustment (EDA)
  • Temporary Special Rate Pension (TSR or TTI)
  • Intermediate Rate Pension (INT)
• The veteran met the eligibility criteria for SRDP under the MRCA at some point in their life.
• The veteran had 80+ impairment points under the MRCA at the time of their death.
• The veteran was receiving an increased rate of disability compensation payment as a result of being a multiple amputee as prescribed at items 1-6 of table 27(1) of the VEA.

In the above cases, eligibility for official commemoration is taken to have been established, and there is no need to investigate whether the veteran’s death was related to relevant service. 

• If none of the above criteria are met, eligibility for official commemoration may still be granted where the veteran died as a result of a condition attributable to one of the relevant types of eligible service mentioned above.

Types of service not eligible for official commemoration

The following types of service do not provide eligibility for official commemoration:

• peacetime Defence service under the MRCA, the VEA or the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 
• hazardous service under the VEA or the MRCA
• British nuclear test defence service under the VEA or the MRCA
• Peacekeeping service rendered by a person other than a member of the ADF (including Federal or State/Territory Police officers)
• service with other nations’ forces other than as a member of the ADF (regardless of any eligibility for Australian Repatriation benefits).

Application pathways

Where a veteran has rendered one of the relevant types of services but does not meet any of the eligibility criteria which do not require investigation of whether the veteran’s death was related to relevant service, either of the following may trigger consideration by DVA of official commemoration eligibility:

• a Death/Dependant Compensation claim lodged by an eligible dependant or legal personal representative of a deceased veteran; or
• a written request from a relative other than a dependant or any interested person for commemoration only. Decision-makers should note that written requests from persons other than dependants may be considered regardless of the timing of the veteran’s relevant service or death. 

Standalone Official Commemoration Claims

If there is no dependant who can lodge a valid death claim, a family member or other interested person can make a written request for a determination for official commemoration for any veteran. 

This request does not constitute a death compensation claim under the MRCA or the VEA.

For a standalone Official Commemoration claim where liability has not been determined, the delegate must determine whether the veteran's death was causally related to a relevant type of service in the same way as where a claim for compensation for the veteran’s death. However, the resulting finding does not constitute a finding of liability or a determination for any purpose other than Official Commemoration.