Document ID: chunk:federal_register_of_legislation:F2016L01701:reg:5:p1
Version: federal_register_of_legislation:F2016L01701
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 3350–5956

5  Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) member of the Forces;
(b) the Defence Force;
(c) the war.
 (1) In this instrument:
Act means the Papua New Guinea (Members of the Forces Benefits) Act 1957.
attendant means a person who has been authorised by the prescribed authority to accompany a member who is travelling for the purpose of obtaining medical treatment.
child means a child under the age of sixteen years of a member, being the member's son, daughter, stepson, stepdaughter, adopted child or exnuptial child but does not include an exnuptial child born more than 9 months after the end of the member's war service unless the member:
 (a) has adopted the child; or
 (b) married the mother of the child.
deceased member means a member whose death was due to war service.
decoration includes a medal and a bar to any decoration or medal.
dependant, in relation to a member, means:
 (a) a widow of the member; or
 (b) if the member has died, a child of the member.
indexation day means:
 (a) for a rate of pension specified in item 2 of Table A of Schedule 1—1 January; or
 (b) in any other case:
 (i) 20 March; and
 (ii) 20 September.
medical treatment means medicinal, surgical and all other forms of treatment with a view to:
 (a) restoring a person to physical or mental health; or
 (b) alleviating suffering;
and includes the supply, renewal and repair of artificial replacements, surgical aids and appliances.
member means a member of the Forces.
partially incapacitated, in relation to a member, means that the member:
 (a) is suffering from an incapacity of a kind for which the Commonwealth is liable under section 5 of the Act; and
 (b) is not totally incapacitated.
pensioner means a person to whom a pension or allowance is payable under the Act or this instrument.
totally incapacitated, in relation to a member, means either:
 (a) the member has been blinded as a result of war service; or
 (b) the member:
 (i) is totally incapacitated as a result of war service, that is to say, the member's incapacity from injury or disease that has been accepted as related to the member's relevant war service is of such a nature as, of itself alone, to render the member incapable of undertaking remunerative work for periods aggregating more than 8 hours per week; and
 (ii) is, by reason of incapacity from that injury or disease alone, prevented from continuing to undertake remunerative work that the member was undertaking and is, as a result, suffering a loss of salary or wages, or of earnings on the member's