Document ID: chunk:federal_register_of_legislation:F2021L00804:body:0:p3
Version: federal_register_of_legislation:F2021L00804
Segment Type: other
Provision Reference: 
Character Range: 6192–8968

Act, in relation to a person who is a member of a couple, to mean the other member of the couple.  "Member of a couple" includes a person in a legal marriage, or in a same sex or different sex relationship, who is not living separately and apart from the other person in that marriage or relationship on a permanent basis – see subsection 5E(2) of the Act.

   Gold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.

   killed in a service-related incident, in relation to a service member, means:

     (a) if the service member was rendering defence service under the Military Rehabilitation and Compensation Act 2004 at the time of being killed in the incident – the service member's death is a service-death; or

      (b) if the service member was rendering defence service under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 at the time of being killed in the incident – the service member's death resulted from an injury as defined in the DRCA.

    Note 1:  The definition of "defence service" is the same in both Acts.
            Note 2:  Under the DRCA, "injury" (in s.5A of the DRCA) includes "disease" (in s.5B of the DRCA)

   NLHC service member means a person in respect of whom a claim for treatment of a mental health condition on a non-liability health care basis has been accepted under the Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 as in force from time to time, or subsequent legislative instrument, as in force from time to time, that repeals and replaces that determination.

   post-Vietnam War member means a veteran or a service member who has rendered any amount of continuous full time service after 11 January 1973.

              Note:  This definition covers a certain subset of Australian Defence Force members with post-Vietnam War service, namely "service members" as defined in this instrument and "veterans" within the meaning of section 92 of the Act, who have served after the Vietnam War.  The date of 11 January 1973 has been chosen as the date to indicate the end of the Vietnam War.

   registered DART complainant means a person who is registered and accepted to access a reparation payment or other outcome from the Defence Abuse Reparation Taskforce under the Defence Abuse Reparation Scheme.

   service-death has the meaning given by section 28 and subsection 29(3) of the Military Rehabilitation and Compensation Act 2004.

   service member means a person who is not a veteran under paragraph (a) of the definition