Commonwealth Consolidated Acts

WAR GRATUITY ACT 1945 - SECT 33

(1)

The Minister may, by writing under the Minister's hand, delegate to any person all or any of the Minister's powers and functions under this Act (except this power of delegation) so that the delegate may exercise the powers and functions specified in the instrument of delegation.

(2)

Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.

1 Any member:

(a)

who has been absent without leave for a period of thirty days or more and has not, prior to such date as is prescribed in relation to the class of members in which the member is included, surrendered or been apprehended;

(b)

who, after such date as is prescribed in relation to the class of members in which the member is included, has absented himself or herself without leave for a continuous period of thirty days or more;

(c)

who is proved to the satisfaction of a prescribed authority to have been discharged or to have had his or her appointment terminated in consequence of wounds intentionally inflicted by himself or herself or illness intentionally induced by himself or herself;

(d)

who being an officer was, by sentence of court-martial, cashiered or dismissed from His Majesty's service or from the Defence Force or whose commission was cancelled, or whose appointment was terminated, by sentence of court-martial, or who was retired and such retirement was entered in Service records as being on account of an offence or misconduct of any kind committed during his or her service; or

(e)

who, by reason of any sentence or award of penal servitude, imprisonment or detention imposed on him or her while on the voyage for service overseas or while in a training camp, a ship or a depot, was unable to join a unit in the field, a ship or a depot (other than a unit or depot to which the member was posted for the purpose of undergoing penal servitude, imprisonment or detention, or a training camp or training depot) unless:

(i)

he or she had, prior to the date of the sentence or award, completed a period of overseas qualifying service; and

(ii)

in the opinion of a prescribed authority, the circumstances of that service are such as would not justify his or her being disqualified for war gratuity.

2 Any member of the Naval Forces:

(a)

who has been discharged "Run";

(b)

who has been dismissed from His Majesty's Service with disgrace;

(c)

who has been dismissed from His Majesty's Service;

(d)

who has been discharged from the Naval Service as "Services no longer required";

(e)

whose services have been dispensed with on account of misconduct; or

(f)

who has been invalided from the Naval Services for causes due to misconduct or within his or her control.

3 Any member of the Military Forces:

(a)

who has been, by sentence of court-martial, discharged with ignominy from His Majesty's Service or discharged from the Defence Force;

(b)

who has been discharged for any of the following reasons:

(i)

that he or she had been guilty of misconduct;

(ii)

that he or she had made a false answer on attestation;

(iii)

that he or she was considered unfit for the duties of his or her corps; or

(iv)

that it was considered his or her services were no longer required,

and such discharge was, and was entered in Service records as being, on account of misconduct or discreditable service;

(c)

who has been discharged for any of the following reasons:

(i)

that by reason of numerous convictions he or she is deemed to be incorrigible;

(ii)

that he or she has been sentenced during his or her service to penal servitude or imprisonment by a civil court or by a court-martial; or

(iii)

that he or she has been sentenced by a court-martial to detention for a period of six months or more; or

(d)

who has been discharged for any of the following reasons:

(i)

that he or she was found to be not suitable for any military service;

(ii)

that he or she was considered unsuitable for any further military duty; or

(iii)

because his or her services, for any reason considered sufficient by the Military Board, were no longer required,

and such discharge was, and was entered in Service records as being, on account of misconduct or discreditable service, or was because he or she had been sentenced to death by a civil court during his or her service.

4 Any member of the Air Force:

(a)

who has been, by sentence of court-martial, discharged with ignominy from His Majesty's Service or discharged from the Defence Force; or

(b)

whose appointment has been terminated or who has been discharged for reasons designated in the authority for termination of appointment or discharge as disciplinary.

5 Any other class prescribed by the regulations.