5Employees

#### 5 Employees (1) In this Act: > employee means a member of the Defence Force. (2) For the purposes of this Act, a person who is a member of the Defence Force is taken to be employed by the Commonwealth, and the person’s employment is taken to be constituted by the person’s performance of duties as such a member of the Defence Force. > Note: However, members of the Defence Force with service after the MRCA commencement date might only be entitled to compensation under the MRCA and not this Act (see section 4AA and subsection 6A(2A) of this Act). Persons taken to be members of the Defence Force (3) The Minister may, by legislative instrument, declare: (a) that persons specified in the declaration, being persons who: (i) hold an honorary rank in the Defence Force before the MRCA commencement date; or (ii) are, before the MRCA commencement date, members of a philanthropic organisation that provides services to the Defence Force; or (iii) undertake resettlement training, before the MRCA commencement date, under an arrangement made by the Defence Force; are, for the purposes of this Act, taken to be members of the Defence Force; and (b) that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration; and such a declaration has effect accordingly. > Note: Declarations in respect of these kinds of people can be made under the MRCA for service after the MRCA commencement date (see section 8 of the MRCA). (4) The Minister may, by legislative instrument, declare: (a) that persons specified in the declaration, being persons who, before the MRCA commencement date, engage in activities or perform acts at the request or direction, for the benefit, or under a requirement made by or under a law, of the Commonwealth in relation to the Defence Force, are, for the purposes of this Act, taken to be employed by the Commonwealth; and (b) that such persons’ employment is, for those purposes, taken to be constituted by the performance by those persons of such acts as are specified in the declaration; and such a declaration has effect accordingly. Former employees (5) A reference to an employee in a provision of this Act that applies to an employee at a time after the MRCC has incurred a liability in relation to the employee under this Act includes, unless the contrary intention appears, a reference to a person who has ceased to be an employee. Act not to apply to certain members of the Defence Force (6) Subject to subsections (7) and (8), this Act does not apply in relation to service of a member of the Defence Force in respect of which provision for the payment of pension is made by: (a) the Veterans’ Entitlements Act 1986; or (b) the Papua New Guinea (Members of the Forces Benefits) Act 1957. > Note: Compensation and other benefits might also be available for a member of the Defence Force under the MRCA. Generally, an injury, disease or death that is covered by that Act would not be covered by this Act (see section 4AA and subsection 6A(2A) of this Act). (7) Subsection (6) does not apply in relation to a veteran: (a) who has rendered operational service on or after the day on which the Military Compensation Act 1994 commences; and (b) for whom provision for the payment of pension in respect of service rendered by the person is made by Part II of the Veterans’ Entitlements Act 1986. (8) Subsection (6) does not apply in relation to a member of the Defence Force who has rendered service in respect of which provision for the payment of pension is made by Part IV of the Veterans’ Entitlements Act 1986.