Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 1   Single ongoing Act main amendments

Part 2   Opening MRCA to pre-2004 conditions

Division 2   Classifying pre-2004 operations

Military Rehabilitation and Compensation Act 2004

67   At the end of the Act

Add:

Chapter 12 - Application of this Act to operational service

Part 1 - Preliminary

441 Simplified outline of this Chapter

This Act applies to operational service as if it were warlike service or non-warlike service. This means that persons who are taken to have been rendering operational service may be entitled to benefits and assistance under this Act.

This Chapter defines what is operational service .

442 Definitions

(1) In this Chapter:

allied country means any country (not being Australia or a Commonwealth country):

(a) that was, at the relevant time, at war with the enemy; or

(b) the forces of which were, at the relevant time, engaged in an operational area against forces against which the forces of the Commonwealth were engaged in that area;

and includes:

(c) a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

(d) a place that is, or was at the relevant time, a territory, dependency or colony (however described) of such a country.

allotted for duty in an operational area has the meaning given by subsection (2).

Australian mariner means a person who was, during the period of World War 2 from its commencement to and including 29 October 1945:

(a) a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered in Australia that was engaged in trading between a port in a State or Territory and any other port; or

(b) a master, officer or seaman employed under agreement, or an apprentice employed under indenture, in sea-going service on a ship registered outside Australia who was, or whose dependants were, resident in Australia for at least 12 months immediately before the person entered into the agreement or indenture; or

(c) a master, officer, seaman or apprentice employed on a lighthouse tender, or pilot ship of the Commonwealth or of a State; or

(d) a pilot employed or licensed by Australia or a State or by an authority constituted by or under a law of the Commonwealth or of a State; or

(e) a master, officer, seaman or apprentice employed in sea-going service on a ship owned in Australia and operating from an Australian port, being a hospital ship, troop transport, supply ship, tug, cable ship, salvage ship, dredge, fishing vessel or fisheries investigation vessel; or

(f) a member or employee of the Commonwealth Salvage Board engaged in sea-going service under the direction of that Board; or

(g) a master, officer, seaman or apprentice employed in sea-going service on a ship registered in New Zealand who the Commission is satisfied was engaged in Australia and is not entitled to compensation under a law of a Commonwealth country providing for the payment of pensions and other payments to seamen who suffered death or disablement as a result of World War 2.

Commonwealth country means a country (other than Australia) that is, or was at the relevant time, a part of the Dominions of the Crown, and includes:

(a) a state, province or other territory that is one of 2 or more territories that together form, or formed at the relevant time, a discrete part of such a country; and

(b) a place that is, or was at the relevant time, a territory, dependency or colony (however described) of a part of such a country.

continuous full-time operational service means:

(a) in relation to a member of the Defence Force:

(i) service in the Naval Forces of the Commonwealth of the kind known as continuous full-time naval service; or

(ii) service in the Military Forces of the Commonwealth of the kind known as continuous full-time military service; or

(iii) service in the Air Force of the Commonwealth of the kind known as continuous full-time air force service; or

(b) in relation to a member of the naval, military or air forces of a Commonwealth country or an allied country - service in those forces of a kind similar to the kind of service referred to in subparagraph (a)(i), (ii) or (iii); or

(c) if the Minister determines, under paragraph (5)(a), that a person, or a person included in a class of persons, was rendering continuous full-time operational service while rendering service of a kind specified in the determination - service of that kind that was rendered by that person or a person included in that class of persons.

eligible civilian means a person:

(a) who was killed, or detained by the enemy, during World War 2; and

(b) who was, at the time the person was killed or first detained:

(i) a British subject; and

(ii) a resident, but not an indigenous inhabitant, of the Territory of Papua or the Territory of New Guinea; and

(c) who was not, at that time:

(i) rendering service as a member of the Defence Force; or

(ii) employed by the Commonwealth on a special mission outside Australia.

enemy means:

(a) in relation to World War 1 or World War 2 - the naval, military or air forces, or any part of the naval, military or air forces, of a State at war with the Crown during that war; or

(b) in relation to service in, or a period of hostilities in respect of, an operational area - the naval, military or air forces against which the Naval, Military or Air Forces of the Commonwealth were engaged in that operational area; or

(c) persons assisting any of those forces.

fishing vessel means a ship employed in connection with the occupation of sea fishing for profit.

member of a unit of the Defence Force means:

(a) a member of the Defence Force; or

(b) another person who is:

(i) a member of the unit; or

(ii) attached to the unit; or

(iii) appointed for continuous full-time operational service with the unit; or

(c) if the Minister determines, under paragraph (5)(b), that a person, or a person included in a class of persons, was a member of a specified unit of the Defence Force while rendering service of a kind specified in the determination - the person or a person included in the class of persons.

member of the Defence Force includes a person appointed for continuous full-time operational service with a unit of the Defence Force.

Note: See also subsection (4) in relation to the Army Medical Corps Nursing Service.

member of the Interim Forces means a person who:

(a) enlisted or re-engaged in, or was appointed or re-appointed to, the Defence Force for continuous full-time operational service for a term of not more than 2 years; or

(b) was appointed for continuous full-time operational service with a unit of the Defence Force for a term of not more than 2 years;

on or after 1 July 1947 and before 1 July 1949.

operational area has the meaning given by section 451.

period of hostilities means:

(a) World War 1 from its commencement on 4 August 1914 to 11 November 1918 (both included); or

(b) World War 2 from its commencement on 3 September 1939 to 29 October 1945 (both included); or

(c) the period of hostilities in respect of Korea from 27 June 1950 to 19 April 1956 (both included); or

(d) the period of hostilities in respect of Malaya from 29 June 1950 to 31 August 1957 (both included); or

(e) the period of hostilities in respect of war-like operations in operational areas from 31 July 1962 to 11 January 1973 (both included).

special mission means a mission that, in the opinion of the Commission, was of special assistance to the Commonwealth in the prosecution of World War 1 or World War 2.

unit of the Defence Force means a body, contingent or detachment of the Defence Force.

World War 1 means:

(a) the war that commenced on 4 August 1914; or

(b) any other war in which the Crown became engaged after 4 August 1914 and before 11 November 1918.

World War 2 means:

(a) the war that commenced on 3 September 1939; or

(b) any other war in which the Crown became engaged after 3 September 1939 and before 3 September 1945.

Allotted for duty

(2) A reference in this Chapter to a person, or a unit of the Defence Force, that was allotted for duty in an operational area is a reference:

(a) in the case of duty that was carried out in an operational area described in item 1, 2, 3, 6, 7, 8, 9 or 10 of the table in section 451 - to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or

(b) in the case of duty that was carried out in an operational area described in item 4, 5, 11, 12, 13, 14, 15, 16 or 17 of the table in section 451 - to a person, or unit of the Defence Force, that is allotted for duty in the area (whether retrospectively or otherwise) by written instrument signed by the Vice Chief of the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act; or

(c) to a person, or unit of the Defence Force, that is, by written instrument signed by the Defence Minister, taken to have been allotted for duty in an operational area described in item 6 or 10 of the table in section 451.

(3) An instrument under paragraph (2)(a), (b) or (c) is not a legislative instrument.

Army Medical Corps Nursing Service

(4) For the purposes of this Chapter, a member of the Army Medical Corps Nursing Service who:

(a) rendered service during World War 1, either within or outside Australia; and

(b) rendered the service as such a member in accordance with an acceptance or appointment by the Director-General of Medical Services for service outside Australia;

is taken to have been serving as a member of the Defence Force while rendering that service.

Determinations relating to continuous full-time operational service and member of unit of the Defence Force

(5) The Minister may, in writing, determine any of the following:

(a) that a person, or a person included in a class of persons, was rendering continuous full-time operational service while rendering service of a kind specified in the determination;

(b) that a person, or a person included in a class of persons, was a member of a specified unit of the Defence Force while rendering service of a kind specified in the determination.

(6) A determination under subsection (5) is not a legislative instrument.

End of World War 1 and World War 2

(7) For the purposes of this Chapter:

(a) World War 1 is taken to have ended on 1 September 1921; and

(b) World War 2 is taken to have ended on 28 April 1952.

Note 1: 1 September 1921 is the date fixed by Proclamation under the Termination of the Present War (Definition) Act 1919.

Note 2: 28 April 1952 is the date on which the Treaty of Peace with Japan came into force.

References to coordinates

(8) The coordinates in this Chapter are expressed in terms of the World Geodetic System 1984 (WGS84), as in force from time to time.

Part 2 - Application of this Act to operational service

443 This Act applies to operational service as if it were warlike service or non-warlike service

This Act applies in relation to operational service that a person is taken to have been rendering as if:

(a) the operational service were warlike service or non-warlike service; and

(b) the person who is taken to have been rendering the operational service were a member who had rendered warlike service or non-warlike service.

Part 3 - Service that is operational service

Division 1 - Operational service

444 Operational service - world wars

(1) Subject to subsection (3), a person referred to in an item of the following table is taken to have been rendering operational service during any period during which the person was rendering service of a kind referred to in the item.

Note: Section 19B may affect a person's domicile immediately before appointment or enlistment.

(2) A person referred to in an item of the following table is taken to have been rendering operational service during the period, or at the time, specified in the item.

(3) Any continuous full-time operational service that was rendered during World War 2 by a member of the Defence Force (other than a member of the Interim Forces) on or after the cut-off date for the member is not taken to be operational service .

(4) For the purposes of subsection (3), the cut-off date for a member of the Defence Force is the date applicable to the member in accordance with the following table.

445 Operational service - Australian mariners

(1) A person is taken to have been rendering operational service during:

(a) any period of employment outside Australia as an Australian mariner on a ship; or

(b) any period of employment within Australia as an Australian mariner on a ship if that period of employment ended immediately before, or started immediately after, the period of employment referred to in paragraph (a).

(2) A person who, while employed within Australia as an Australian mariner on a ship, was injured, or contracted a disease, as a result of enemy action is taken to have been rendering operational service at the time of the event as a result of which the person was injured or contracted the disease.

(3) A person who was employed within Australia as an Australian mariner on a ship in such circumstances that the employment should, in the opinion of the Commission, be treated as employment in actual combat against the enemy is taken to have been rendering operational service while the person was so employed.

(4) Without limiting paragraph (1)(a), a person is taken to have been employed outside Australia as an Australian mariner on a ship in each of the following circumstances:

(a) at any time when the person was at a place outside Australia on leave from the ship while the ship was at a port outside Australia;

(b) at any time when the person was outside Australia while on the person's way to take up employment as an Australian mariner on a ship;

(c) while the person was awaiting return to Australia from employment as an Australian mariner on a ship;

(d) while the person was returning to Australia from employment as an Australian mariner on a ship.

(5) For the purposes of this section, if a person was employed as an Australian mariner on a ship undertaking a voyage for the purpose of going from a place within Australia to another place within Australia, the person is taken to have been employed within Australia during the whole of the voyage.

(6) In this section:

Australia does not include an external Territory.

446 Operational service - post-World War 2 service in operational areas

(1) Subject to this section, a member of the Defence Force who has rendered continuous full-time operational service in an operational area as:

(a) a member who was allotted for duty in that area; or

(b) a member of a unit of the Defence Force that was allotted for duty in that area;

is taken to have been rendering operational service in the operational area while the member was so rendering continuous full-time operational service.

(2) A member of the naval, military or air forces of a Commonwealth country or of an allied country who:

(a) was domiciled in Australia or an external Territory immediately before the member's appointment or enlistment in those forces; and

(b) has rendered continuous full-time operational service in an operational area;

is taken to have been rendering operational service in the operational area while the member was so rendering continuous full-time operational service.

Note: Section 19B may affect a person's domicile immediately before appointment or enlistment.

(3) For the purposes of subsection (1), a member of the Defence Force is, subject to subsection (4), taken to have rendered continuous full-time operational service in an operational area during the period commencing on:

(a) if the member was in Australia on the day (the relevant day ) from which the member, or the unit of the member, was allotted for duty in that area - on the day on which the member left the last port of call in Australia for that service; or

(b) if the member was outside Australia on the relevant day - on that day;

and ending at the end of:

(c) if the member, or the unit of the member, ceased to be allotted for duty - the day from which the member, or the unit, ceased to be allotted for duty; or

(d) if the member, or the unit of the member, was assigned for duty from the operational area to another area outside Australia (not being an operational area) - the day from which the member, or the unit, was assigned to that other area, or the day on which the member, or the unit, arrived at that other area, whichever is the later; or

(e) in any other case - the day on which the member arrived at the first port of call in Australia on returning from operational service.

(4) If, while rendering continuous full-time operational service in an operational area, a member of the Defence Force has:

(a) returned to Australia in accordance with the Rest and Recuperation arrangements of the naval, military or air forces; or

(b) returned to Australia on emergency or other leave granted on compassionate grounds; or

(c) returned to Australia on duty; or

(d) returned to Australia for the purpose of receiving medical or surgical treatment as directed by the medical authorities of the Defence Force;

only so much of the period of service of the member within Australia after the member's return and while the member:

(e) continued to be allotted for duty in an operational area; or

(f) continued to be a member of a unit of the Defence Force allotted for duty in an operational area;

as does not exceed 14 days is taken, for the purposes of subsection (1), to be a period when the member was rendering continuous full-time operational service in the operational area.

447 Operational service - other post-World War 2 service

(1) This section applies to a member of the Defence Force who, or a member of a unit of the Defence Force that:

(a) was assigned for service:

(i) in Singapore at any time during the period from and including 29 June 1950 to and including 31 August 1957; or

(ii) in Japan at any time during the period from and including 28 April 1952 to and including 19 April 1956; or

(iii) in North East Thailand (including Ubon) at any time during the period from and including 28 July 1962 to and including 24 June 1965; or

(iv) in North East Thailand (not including Ubon) at any time during the period from and including 31 May 1962 to and including 27 July 1962; or

(b) was, at any time during the period from and including 1 August 1960 to and including 27 May 1963, in the area comprising the territory of Singapore and the country then known as the Federation of Malaya;

but so applies only if the member, or the unit of the member, is included in a written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under this Act.

Note: Service in Ubon in Thailand between 31 May 1962 and 27 July 1962 is taken to be operational service because of section 446 and item 4 of the table in section 451.

(2) An instrument under subsection (1) is not a legislative instrument.

(3) A person to whom this section applies is taken to have been rendering operational service during any period during which the person was rendering continuous full-time operational service as:

(a) a member of the Defence Force; or

(b) a member of a unit of the Defence Force;

while the person was in the area described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be).

(4) For the purposes of subsection (3), the operational service of a person to whom this section applies:

(a) is taken to have started:

(i) if the person was in Australia on the day (the relevant day ) from which the person's unit was assigned for service as described in paragraph (1)(a) or attached to the Far East Strategic Reserve (as the case may be) - on the day on which the member left the last port of call in Australia for that service; or

(ii) if the person was outside Australia on the relevant day - on that day; and

(b) is taken to have ended:

(i) if the member was assigned for service in another country or area outside Australia (not being an operational area) - the day from which the member was assigned to that other country or area, or the day on which the member arrived at that other country or area, whichever is the later; or

(ii) in any other case - the day on which the member arrived at the first port of call in Australia on returning from operational service.

448 Operational service - minesweeping and bomb/mine clearance service

A member of the Defence Force is taken to have been rendering operational service during any period of service in respect of which the member has been awarded, or has become eligible to be awarded, the Naval General Service Medal or the General Service Medal (Army and Royal Air Force) with the Minesweeping 1945-51 Clasp, the Bomb-Mine Clearance 1945-53 Clasp, the Bomb and Mine Clearance 1945-49 Clasp or the Bomb and Mine Clearance 1945-56 Clasp.

449 Operational service - service on submarine special operations

A member of the Defence Force for whom the following are satisfied:

(a) the member has rendered continuous full-time operational service on a submarine for a period that started on or after 1 January 1978 and ended on or before the end of 12 May 1997;

(b) the member has rendered continuous full-time operational service on submarine special operations (the special service ) at any time in the period beginning on 1 January 1978 and ending at the end of 12 May 1997;

(c) the member:

(i) has been awarded the Australian Service Medal with Clasp "SPECIAL OPS" for the special service; or

(ii) has become eligible for that award for the special service; or

(iii) would have been eligible for that award for the special service if the member had not already been awarded it for other service;

is taken to have been rendering operational service during each period covered by paragraph (a).

450 Operational service - Korean demilitarised zone and Vietnam

A member of the Defence Force who was assigned for service:

(a) in the demilitarised zone between North Korea and South Korea after 18 April 1956; or

(b) on HMA Ship Vampire or Quickmatch in Vietnam during the period from and including 25 January 1962 to and including 29 January 1962;

is taken to have been rendering operational service while the member was so rendering continuous full-time operational service in that zone or in Vietnam (as the case may be) during the period in which the member was so assigned for service.

Division 2 - Operational areas

451 Meaning of operational area

An area described in an item of the following table was an operational area during the period specified in the item.