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3.1 Definitions

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Last amended: 29 March 2012

3.1.1 Defence service

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The Defence Force means the Permanent Forces – Australian Army, Navy and Air Force – and the Reserves.      

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Defence service (paragraph 6(1)(d) [4] of the MRCA) comprises of:

  • warlike service (as determined by the Defence Minister under paragraph 6(1)(a) [4] of the MRCA);
  • non-warlike service (as determined by the Defence Minister under paragraph 6(1)(b) [4] of the MRCA); and
  • peacetime service means any Defence service other than warlike or non-warlike service (as determined by the Defence Minister under paragraph 6(1)(c) [4] of the MRCA).

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), 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.

A list of the Ministerial determinations for warlike service are at 3.1.4 [5] and non-warlike service are at 3.1.3 [6]. These determinations can also be found in the Service Eligibility Assistant [7].

 

For the purposes of applying the MRCA, service with the Defence Force (Defence service) also includes:

  • cadets – when participating in the activities of the Australian Defence Force (ADF) cadets only; and
  • declared members – when engaged in or performing activities or acts as specified in a Defence Minister determination made under section 8 [4] of the MRCA only.

 

1

 

 

Definition of Defence Force

Section 5 [4] of the MRCA

 

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3.1.2 Declared Member Determinations

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The following table contains the declared member determinations that have been made under section 8 [10] of the MRCA as of December 2015:

 

Title

Person

Acts/Activities

Date of commencement

Military Rehabilitation and Compensation (Members) Determination 2004 (No.1)

1.   Persons who hold an honorary rank or appointment in the ADF

Acts performed by the person in assisting the ADF

1 July 2004

 

2.   Persons who are on Career Transition Assistance under an arrangement approved by the ADF

Acts performed in connection with the arrangement

 

 

 

3.   Members of approved philanthropic organisations serving the Defence Force

Acts performed:

     i.   As an accredited representative of the philanthropic organisation; and

     ii.  While providing services in support of the ADF as authorised by the sponsoring ADF unit

 

Military Rehabilitation and Compensation (Members) Determination 2006

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Acts performed, as war photographer at the request or direction of the Defence Force

1 February 2006 –

30 April 2006

Military Rehabilitation and Compensation (Members) Determination 2006 (No. 2)

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

-

16 December 2015*

Military Rehabilitation and Compensation (Members) Determination 2007

Persons commissioned by the AWM to provide original works in a range of media, including still photography, cinematography, paintings, drawings, and written work concerning the operations of the ADF

Acts performed in a Defence Force area of operations for the purpose of providing works as commissioned by the AWM

1 February 2007

-

16 December 2015*

* In December 2015, the Minister for Employment issued the Safety, Rehabilitation and Compensation (Definition of Employee - War artists and Entertainers) Notice 2015 with effect from 17 December 2015. From this date, war artists and entertainers who support the ADF on operations, and who are not already covered by another compensation scheme, are covered under the SRCA. See the SRCA Liability Handbook Chapter 8.1.4 [12].

 

3.1.3 Non-Warlike Service Determinations

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The following table contains the non-warlike service determinations that have been made under paragraph 6(1)(b) [4] of the MRCA as of April 2012.

Note: The most recent determinations may be found within the Service Eligibility Assistant [7].

Name of operation

Nature of operation

Area of operation

Start date of operation

End date of operation

ANODE

ADF contribution to the Government of Australia's Strengthened Assistance Framework Program in support of the Solomon Islands Government

The total land areas, territorial waters and superjacent airspace boundaries of the Solomon Islands

24 July 2003

Ongoing

CITADEL

United Nations Mission of Support in East Timor

East Timor and the territorial sea of East Timor

18 August 2003

Ongoing

JOINT GUARDIAN

UN Kosovo Force

Albania, Serbia, Montenegro and the Former Yugoslav Republic of Macedonia

11 June 1999

Ongoing

MAZURKA

Multi-national Force and Observers — Sinai

Egypt, between the east bank of the Suez Canal and the international boundary between Egypt and Israel established by the peace treaty between Egypt and Israel signed in Washington on 26 March 1997, and an adjoining area extending five kilometres into Israel

28 January 1993

Ongoing

OSIER

NATO Stabilisation Force

The Former Yugoslav Republic of Macedonia, Bosnia-Herzegovina, Croatia, Slovenia and Serbia and Montenegro

24 January 1997

Ongoing

PALADIN

ADF contribution to the United Nations Truce Supervision Organisation

The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt

21 April 2003

11 July 2006

PALADIN

ADF contribution to the United Nations Truce Supervision Organisation

The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt, excluding the following area:

Southern Lebanon bounded by 33°12'N 35°12'E 33° 10'N 35°20'E 33°19N 35°25'E, on the Litani River, then along the Litani River to 33°25'N 35°49'E, on the Syria-Lebanon border, then south to the junction of the Syria-Lebanon-Israel border, then east along the Lebanon-Israel border to the coast, then north along the coast to 33°12'N 35°12'E

12 July 2006

14 August 2006

PALADIN

ADF contribution to the United Nations Truce Supervision Organisation

The total land area, territorial waters and superjacent airspace within the internationally recognised boundaries of Israel, Jordan, Syria, Lebanon and Egypt

15 August 2006

Ongoing

POMELO

ADF contribution to the United Nations Mission in Ethiopia and Eritrea

Ethiopia and Eritrea

15 January 2001

Ongoing

SPIRE

United Nations Mission of Support in East Timor

East Timor and the territorial sea of East Timor

20 May 2004

Ongoing

AZURE

United Nations Mission in Sudan

Sudan

10 April 2005

Ongoing

ASTUTE

Australian Defence Force stabilisation operation in support of the Government of East Timor

East Timor and its territorial waters and superjacent airspace

12 May 2006

Ongoing

RAMP

ADF operation in the Middle East in support of the Australian whole-of-Government response to the crisis in Lebanon

Lebanon and its territorial waters and superjacent airspace

20 July 2006

Ongoing

QUICKSTEP

ADF mission in Fiji

Fiji and its land, internal waters, archipelagic waters, territorial sea and superjacent airspace and the exclusive economic zone of Fiji

31 October 2006

22 December 2006

HEDGEROW

ADF contribution to the hybrid United Nations and African Union mission in Darfur

Sudan

28 July 2008

ADF contribution to the NATO no-fly-zone and maritime enforcement operation against Libya

International waters and superjacent airspace of the Central Southern Mediterranean Sea between 10°00'E and 28°00'E and south of 41°00'N, including portions of Italy, Greece, Turkey, Albania and all of Malta and north of Libya and its territorial waters and superjacent airspace

31 March 2011

31 October 2011

ASLAN

ADF contribution to the United Nations Mission in the Republic of South Sudan

Republic of South Sudan and its superjacent airspace

23 September 2011

VIGILANCE

ADF support of the Australian whole-of- Government operation to enhance international peace and security

N/A

1 July 2006

Ongoing

3.1.4 Warlike Service Determinations

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The following table contains the warlike service determinations that have been made under paragraph 6(1)(a) [4] of the MRCA as of April 2012.

Note: The most recent determinations may be found within the Service Eligibility Assistant [7].

Name of operation

Nature of operation

Area of operation

Start date of operation

End date of operation

CATALYST

ADF contribution in support of the US-led coalition operations in Iraq in order to support the Australian whole-of-Government effort to assist with the rehabilitation of Iraq and to remove the threat posed to global security by Iraq's WMD capability

The total land areas, territorial waters, internal waterways and superjacent airspace boundaries of Iraq, Kuwait, Bahrain, Qatar, United Arab Emirates, Saudi Arabia (north of latitude 23° North), the Persian Gulf and the Strait of Hormuz

16 July 2003

31 July 2009

PALATE

ADF Support to the UN Assistance Mission in Afghanistan

Afghanistan

18 April 2003

5 July 2004

SLIPPER

ADF contribution to the International Coalition against Terrorism

The area bounded by the following geographical coordinates:

     48°00?N                          81°00?E

     48°00?N                          35°00?E

     12°00?N                          35°00?E

     12°00?N                          81°00?E

11 October 2001

30 July 2009

PALATE II

ADF Support to the UN Assistance Mission in Afghanistan

Afghanistan

27 June 2005

Ongoing

KRUGER

ADF contribution to the provision of security to the Australian embassy in Iraq

Iraq

1 January 2009

Ongoing

RIVERBANK

ADF support to the United Nations Assistance Mission in Iraq

Iraq

21 July 2008

Ongoing

SLIPPER

ADF contribution to the International Coalition against Terrorism

The area bounded by the following geographical coordinates:

     39°00?N                          78°00?E

     39°00?N                          32°00?E

     05°00?S                          32°00?E

     05°00?S                          78°00?E

31 July 2009

Ongoing

PALADIN

ADF contribution to the United Nations Truce Supervision Organization

Southern Lebanon bounded 33°12'N 35°12'E 33° 10'N 35°20'E 33°19N 35°25'E, on the Litani River, then along the Litani River to 33°25'N 35°49'E, on the Syria-Lebanon border, then south to the junction of the Syria-Lebanon-Israel border, then east along the Lebanon-Israel border to the coast, then north along the coast to 33°12'N 35°12'E

12 July 2006

14 August 2006

ADF contribution to the NATO no-fly-zone and maritime enforcement operation against Libya

Libya and its territorial waters and superjacent airspace

31 March 2011

31 October 2011

3.1.5 Injury, disease and death

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An 'injury' means any physical or mental injury, including the recurrence of a physical or mental injury.  It does not include a 'disease' (as defined below) or an aggravation of a physical or mental injury.

A 'disease' means any physical or mental ailment, disorder, defect or morbid condition (whether sudden onset or gradual development), or the recurrence of same.  It does not include the aggravation of such an ailment, disorder, defect or morbid condition;  nor the temporary departure from the normal physiological state or accepted ranges of physiological or biomechanical measures, resulting from:

  • normal physiological stress (e.g. the effect of exercise on blood pressure);  or
  • temporary effect of extraneous agents (e.g. the effect of alcohol on blood cholesterol levels).

Whether or not an injury or disease is a 'service injury' or 'service disease' depends on whether or not a causal or temporal relationship to MRCA service can be established via the relevant heads of liability – section 27 [4]; subsections 29(1) [4] and (2) [4];  and section 30 [4].  These heads of liability are detailed elsewhere in this chapter.

Whether or not a 'death' is a 'service death' depends on whether or not a relationship to MRCA service can be established via the relevant heads of liability – section 28 [4];  and subsection 29(3) [4].  These heads of liability are detailed elsewhere in this chapter.


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