Mackie and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the veteran, Mr. Mackie, against a decision of the Repatriation Commission regarding his eligibility for a veterans' gold card. The core of the dispute centred on whether Mr. Mackie had rendered qualifying service in an operational area as defined by the *Veterans' Entitlements Act*. The case was heard by Deputy President Sosso P.

The legal issues before the court were whether the veteran's service in Hong Kong constituted qualifying service under the Act, specifically whether he was "allotted for duty" in an operational area. This involved determining the significance of his transit through Singapore and his posting to Base Squadron Butterworth Detachment A in relation to the definition of qualifying service under Schedule 2 of the Act.

Deputy President Sosso P reasoned that while there was no minimum time period for service, there needed to be actual service or duty performed within an operational area. The veteran's transit through Singapore, involving travel to and from an airport and an overnight hotel stay, was not considered to constitute carrying out a duty. Furthermore, there was no evidence presented that the veteran was allotted by written instrument for duty in Singapore. The Tribunal also noted that duty performed at Little Sai Wan in Hong Kong was not subject to an instrument or determination satisfying the requirements for qualifying service under the Act, nor had there been a written determination by the Defence Minister concerning warlike service in Butterworth or Singapore for the relevant period.

The decision under review was affirmed.