Section 5(3) of the DRC Act provides that the Minister for Veterans’ Affairs can extend coverage under the DRC Act to certain other persons associated with the Defence Force. Section 5(3) states:
5(3) The Minister may, by legislative instrument, declare:
(a) that persons specified in the declaration, being persons who:
(i) hold an honorary rank in the Defence Force before the MRCA commencement date; or
(ii) are, before the MRCA commencement date, members of a philanthropic organisation that provides services to the Defence Force; or
(iii) undertake resettlement training, before the MRCA commencement date, under an arrangement made by the Defence Force;
are, for the purposes of this Act, taken to be members of the Defence Force; and
(b) that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration;
and such a declaration has effect accordingly.
Note: Declarations in respect of these kinds of people can be made under the MRCA for service after the MRCA commencement date (see section 8 of the MRCA).
A Declaration was made by the Minister under s5(3) and commenced on 1 October 2018. It extended DRCA Act coverage to the classes of person in Column 1 in relation to the acts in Column 2. This Declaration under DRCA was in substantially similar terms to a Declaration made under the SRCA gazetted on 3 October 2001 (GN 39 at pp 2940-42) which has now sunset, and its remaking ensured that previously eligible class of persons under the SRCA Declaration remain eligible under the DRCA:
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Column 1 Class of Persons
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Column 2 Class of Acts |
1. |
Persons who, before the MRCA commencement date, held honorary rank in the Australian Defence Force
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Acts performed in connection with the activities of the Australian Defence Force
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2. |
Persons who, before the MRCA commencement date, were accredited representatives of the following approved philanthropic organisations that served the Australian Defence Force as described in the Department of Defence document known as the “Philanthropic Manual” (PHILOMAN):
(a) Australian Red Cross Society (Field Force); (b) Everyman’s Welfare Service (formerly known as Campaigners for Christ); (c) Salvation Army – Red Shield Defence Services; (d) Young Men’s Christian Association – Defence Forces Division; (e) Young Women’s Christian Association – Defence Forces Division; (f) Returned Services League – Australian Forces Overseas Fund.
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Acts performed in connection with the activities of the Australian Defence Force
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3. |
Persons who, before the MRCA commencement date, were on discharge resettlement training under an arrangement made by the Australian Defence Force
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Acts performed in connection with discharge resettlement training under an arrangement approved by the Australian Defence Force
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Note: A copy of the Philanthropic Manual (PHILOMAN), as in force on the date of commencement of this instrument, is available at: http://www.defence.gov.au/publications/docs/PHILOMAN.pdf.
The version of the Philanthropic Manual (PHILOMAN) that is in force on the date of commencement of this instrument is the First edition 2013.
DVA staff can direct any questions relating to this instrument to the Liability and Service Eligibility policy section.