3.1 Definitions

Last amended: 29 March 2012

3.1.1 Defence service

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

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.

Definition of Defence Force

Section 5 [4] of the MRCA

More ? (go back) [8]

3.1.2 Declared Member Determinations

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	CLIK HERE [11] to view the determination that lists the individual/s	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

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

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

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.

Source URL (modified on 14/10/2014 - 11:57am): https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-3-liability/31-definitions

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