The Defence Force means the Permanent Forces – Australian Army, Navy and Air Force – and the Reserves.
Definition of Defence Force
Section 5 of the MRCA
Defence service (paragraph 6(1A) of the MRCA) comprises:
- warlike service (as determined by the Defence Minister under paragraph 6(1)(a) of the MRCA);
- non-warlike service (as determined by the Defence Minister under paragraph 6(1)(b) of the MRCA), including peacekeeping service (defined at section 6A);
- peacetime service 6(1)(c) of the MRCA;
- British nuclear test defence service (section 6B of the MRCA); and
- Hazardous service (section 6C of the MRCA).
- Operational Service under the pre 1997 Nature of Service frameworks is also covered under Chapter 12 and the Act applies to this as if it were warlike or non-warlike service.
Please Note: The nature of service classification system established by the Department of Defence and used under the MRCA (the peacetime/non-warlike/warlike framework), usually operates in such a way that all service rendered outside an operational area is treated as peacetime service, even where a member or unit is en route to an operational area for the purpose of rendering service on a non-warlike or warlike operation. As a consequence, injuries incurred while outside the operational area (even if only a short distance away from the operational area) must be regarded as having been incurred on peacetime service, unless the service meets the terms of the warlike/non-warlike service.
A list of the Ministerial determinations for warlike service are at Military Rehabilitation and Compensation (Warlike Service) Determination 2019 - Federal Register of Legislation and non-warlike service are at Veterans’ Entitlements (Non-warlike Service) Determination 2019 - Federal Register of Legislation.
These determinations can also be found in the Service Eligibility Assistant | CLIK. For the purposes of applying the MRCA, service with the Defence Force (Defence service) also includes:
- cadets – https://www.legislation.gov.au/C2019A00096/asmade/text while cadets and cadet instructors are not members of the ADF and they are not rendering a particular form of ADF service, they are eligible under the MRCA for injuries or diseases sustained while or due to conducting Cadet activities. However, 'cadet helpers' who are not formally appointed as Officers/Instructors of cadets are not covered as they do not come within the Defence Act definitions, and
- declared members – when engaged in or performing activities or acts as specified in a Defence Minister determination made under section 8 of the MRCA only.