17Recognising service as effective service in exceptional circumstances

17 Recognising service as effective service in exceptional circumstances

(1) A person may apply to the Secretary for a determination that service performed by a person as a member of the Permanent Forces or the Reserves be treated as effective service. (2) The Secretary may make the determination if: (a) the service is not recognised as effective service under another provision of this Part; and (b) the member was required for duty in relation to the service; and (c) the Secretary is satisfied that exceptional circumstances exist in relation to the person.

Note 1: A decision under this section is reviewable under the Act (see section 22 of this instrument).

Note 2: For variation and revocation of a determination, see subsection 33(3) of the Acts Interpretation Act 1901.

(3) Without limiting paragraph (2)(c), exceptional circumstances exist if: (a) the person has had an extended period of illness or injury that prevents the person from performing service; or (b) service has been performed but, as a result of a defective decision, is not recognised as effective service. (4) The determination must specify the period of service that is to be treated as effective service. (5) The person’s period of effective service is increased by the period specified in accordance with subsection (4).