You are here
1.2 Persons Covered by this Act
The preamble to the MRCA states that it is “An Act to provide rehabilitation, compensation and other entitlements for veterans, members and former members of the Defence Force, and for other purposes.”
Persons provided compensation coverage by the MRCA:
- Members and former members of the ADF, including members of the Permanent Forces and the Reserves, specifically:
- All members and former members of the permanent Navy, Regular Army and the permanent Air Force are covered for service rendered on or after the commencement day of 1 July 2004.
- Reservists on continuous full-time service and part-time service are also covered.
- Members of the ADF cadets: Cadet instructors, Officers of cadets and school cadets are covered for periods of instruction, training, performing duty and travel to and from the place of an eligible activity.
- Persons covered under s7A (see below).
- Persons covered by a Ministerial determination under section 8(1): The MRCA gives the Minister for Defence the discretion to extend coverage to a person or a class of persons who engage or have engaged in activities or who perform or have performed acts:
- at the request or direction of the ADF;
- for the benefit of the ADF; or
- in relation to the ADF under a requirement made by or under a Commonwealth law.
Under section 7A of the MRCA the following classes of persons who perform, or have performed, the specified acts are defined as members of the ADF for the purposes of this Act:
Class of Persons
Persons who hold an honorary rank or appointment in the ADF
Acts performed by the person at the request or direction of the Defence Force
Persons who are on Career Transition Assistance under an arrangement approved by the Australian Defence Force
Acts performed in connection with the arrangement
Members of approved philanthropic organisations serving the Defence Force
a) As an accredited representative of the philanthropic organisation; and
b) While providing services in support of the ADF as authorised by the sponsoring ADF unit
Artists and entertainers
In 2006, the Minister for Veterans' Affairs signed the Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2) which extended coverage under subsection 8(1) of the MRCA to entertainers working at the request of the Defence Force. This determination included a backdating provision to 1 July 2004. Entertainers were covered under the MRCA up to and including 16 December 2015, when coverage transferred to the SRCA.
|Item||Class of Persons||Acts||Dates of coverage under MRCA|
Persons contracted by the Department of Defence to provide or support the provision of:
a) musical performances and entertainment; or
b) management and technical support for performers referred to in a) above
at the request of the Defence Force
|Acts performed in the provision or support of musical performances and entertainment under the auspices of the Forces Advisory Committee on Entertainment||1 July 2004 to 16 December 2015|
In 2007, MRCA coverage was also extended under s8(1) to war artists commissioned by the Australian War Memorial to document the activities of the ADF. War artists were covered under the MRCA from 1 February 2007 up to and including 16 December 2015, when coverage was also transferred to the SRCA.
|Item||Class of Persons||Acts||Dates of coverage under the MRCA|
|1||Persons commissioned by the Australian War Memorial to provide original works in a range of media, including still photography, cinematography, paintings, drawings, and written work concerning the operations of the Defence Force||Acts performed in a Defence Force area of operations for the purpose of providing works commissioned by the Australian War Memorial||1 February 2007 to 16 December 2015|
Claims relating to war artists and entertainers on or after 17 December 2016 are to be considered under the SRCA.
However, before accepting liability for any claims relating to s8(1), delegates should seek clarrification regarding coverage for specific cases from the Liability and Service Eligibility Section (email: L.and.SE.Policy@dva.gov.au).