Qualifying service

World War 1 veterans who served in the Australian defence forces [2] have qualifying service if they served:

• between 4 August 1914 and 11 November 1918 (both dates included), and
• were engaged in operations against the enemy at a time when they incurred danger from hostile forces of the enemy

It is departmental policy to deem World War 1 vets to have met the criteria to have been engaged in operations against the enemy and incurred danger if they served:

• beyond the coastal waters of Australia, or
• outside the Dominion of enlistment.      More ? [10]

Operational service

A person has operational service if they served:

• on continuous full time service
• as a member of the defence force
• outside Australia during the period 4 August 1914 to 1 September 1921 (both dates included).

The Royal Australian Naval Brigade (RANB) was a division of the Citizen Naval Forces during World War 1 and the immediate post war period. Members were either volunteers or compulsory trainees who served shore duty or sea duty.

Attested [2] members of the force rendered operational service if they:

• volunteered for sea duty, or
• were in Naval expeditionary forces overseas.

Attested members who served on shore only rendered eligible service but not operational service.     

Following the Armistice in Europe on 11 November 1918, some Australians performed further service against the Russian Bolshevik forces and in Kurdistan. Australians who served with one of the following before 21 September 1921, are recognised as having operational service:

• British Army in Russia
• British Army in Kurdistan
• North Russian Relief force
• Elope force

After 1921, Australian volunteers who remained Australian soldiers are recognised as having operational service.

After 1921, Australian volunteers who joined the British Army and helped the White Russian forces do not have operational service.     

Note: For a complete list of eligible veterans contact National Office, Legal Services Branch.

Last amended: Former Coastal Waters Policy – Qualifying Service

The Repatriation Commission decision of 28 June 1965 became known as the “coastal waters policy”.  The coastal waters policy conceded QS for members of the Australian Defence Force if they served in Australian coastal waters within particular dates in specific areas during World War 2.  Although this policy received Cabinet agreement on 7 July 1965, the VEA was never amended to reflect this policy.

Courts' Interpretation of Qualifying Service Law

The Courts and Tribunals have indicated that any policy approach to qualifying service, including the so called ”coastal waters policy”, must be in accordance with the law.  The Full Federal Court decision in Walter Harold Thompson v Repatriation Commission (1988), a leading 'coastal waters' case, is binding on the Repatriation Commission and all delegates.  This decision outlined the description of “incurred danger” and indicated that the test in the VEA could only be met if, when looked at with the advantage of hindsight, the evidence shows that the veteran was actually in danger from hostile forces of the enemy.  The law requires there to be danger to the person from the enemy while that person was involved in operations against the enemy.

Such cases may involve claims of danger from enemy mines, submarines, air raids, shelling or even enemy presence.  The details of cases of this nature need to be examined individually regarding their specific circumstances for determining qualifying service.

Current – Qualifying Service Determinations

In summary there is no longer a “coastal waters” policy as it has been overtaken by decisions in the Courts.  The determining criterion for qualifying service for World War 2 is and was:

• having rendered service during a period of hostilities and
• having been engaged in operations against the enemy while
• actually incurring danger from hostile forces of the enemy.

Last amended: 2 December 2008

Qualifying service is conceded in the Northern Territory between 19 February 1942 and 12 November 1943 (the dates of the first and last air attacks) for an Australian Defence Force (ADF) member who served in this area for:

• 3 months; or
• A single day during a bombing raid.

Three Months' Service

Qualifying service is conceded to apply for ADF members who served for more than three months in the Northern Territory.  This is because a person there for any three month period within the dates listed above would have been in the area when a Japanese attack occurred somewhere above the 14 degree 30 minute parallel.

Less Than Three Months' Service

All other cases are judged on their individual merit.  An ADF member must show they incurred danger from hostile forces of the enemy.  The only time qualifying service is rejected is where a person was not in the general area of the bombing raid, and consequently did not incur danger.    

Last amended: 2 December 2008

In these cases there are two considerations to a claim.  The first is whether the member of the Australian Defence Force (ADF) was performing a military task in the area that can be said to be in operations against the enemy.  The second is the member's location in relation to the danger such as the enemy presence or the impact of the bomb, shell or torpedo and can be said to have incurred danger.  Each claim must be considered on its merits and in accord with the Veterans' Entitlements Act 1986 but some guidelines on who may qualify for some of the more well-known 'single incidents' claims are listed below.

Sydney Harbour (Garden Island)

During the Japanese midget submarine attack that sank HMAS Kuttabul on the night of 31 May 1942, a member of the ADF who was on the harbour at the time HMAS Kuttabul was sunk could be considered to have incurred danger.  If they were actually involved in a military task then they would have qualifying service.  This is the approach determined by the AAT and the Federal Court.

Townsville

The AAT and the Courts have addressed claims arising from the bombing of Townsville where a rule of thumb has been established that the immediate area of danger is limited to within a 2km radius of the bombings.

An account of the Townsville bombing raids in the book “Townsville Under Attack” states that:

• during the first raid “only six bombs were sighted by those on the ground and these were seen falling harmlessly into the sea, two hundred metres from the main jetties.”;
• during the second raid eight bombs fell near the foothills of Many Peaks Ridge; and
• during the third raid seven bombs fell in Cleveland Bay between Magnetic Island and the mainland.  An eighth bomb fell on the mainland near the racecourse.

Eastern Suburbs of Sydney

On the night of 8 June 1942 a submarine attempted to shell the seaplane base at Rose Bay from the Pacific Ocean side of the city.  The shells landed in a small area around Rose Bay and Bellevue Hill.  For qualifying service the ADF member's location in relation to the areas in which the shells landed must be considered and the purpose of their presence.  Because the AAT and the Courts have established a limit to the area of danger within Townsville it is appropriate that a consistent policy be applied to other areas in Australia, including Sydney, when determining whether the objective danger test is satisfied.  Thus a rule of thumb has been established that the immediate area of danger is limited to within a 2km radius of the shelling.

Newcastle

In Newcastle in the early hours of 8 June 1942, a Japanese submarine attempted to fire on the BHP Steelworks/Fort Scratchley.  All shells landed in the water or outside the fort.  However, since Fort Scratchley may have been the target anyone on duty and especially those in the gun battery who returned fire are considered to have qualifying service.

Cowra

On 5 August 1944 Japanese POWs broke out of Cowra killing 4 Australian soldiers.  Those on duty at the time of the breakout are considered therefore to have been in danger and in operations against the enemy.  In the ensuing days the Australian soldiers who were called in to round up the Japanese do not have qualifying service because no actual danger was incurred.  However, should such a person provide evidence of danger then qualifying service would be possible.

Broome

Broome suffered Australia's second worst air raid on 3 March 1942 and was hit again on 20 March 1942.  Broome saw the last raid against it when the Japanese dropped more bombs on August 16 1943.  These dates give a guideline to when a claimant may have incurred danger if they were involved in a military task in Broome.

Dates of Enemy Air Raids

There are other areas in Australia where enemy air raids are known to have occurred.