Madden and Repatriation Commission (Veterans' entitlements)

The applicant, Mr. Madden, sought to be recognised as a veteran under the *Veterans' Entitlements Act 1986* (VEA) based on service undertaken between December 1954 and January 1955 during the Malayan Emergency. The Repatriation Commission affirmed a decision that Mr. Madden was not a veteran and had not rendered qualifying service. The matter came before the Tribunal for review.

The Tribunal was required to determine two principal issues: first, whether the applicant qualified as a "veteran" within the meaning of section 5C(1) of the VEA; and second, whether the applicant had rendered "qualifying service" as defined by section 7A of the VEA. These questions hinged on whether the applicant was a member of the Defence Force during the relevant period.

The Tribunal reasoned that to render qualifying service, a person must have been a member of the Defence Force at the relevant time, as stipulated by section 7A(1)(a) of the VEA. The evidence established that the applicant was a cadet in the Air Training Corps, and legislative provisions, including section 8(4) of the *Air Force Act 1923* and section 62C of the *Defence Act 1903*, explicitly stated that cadets were not members of the Air Force or the Defence Force. While the applicant relied on documents suggesting attachment to the RAAF for administrative purposes and a tax certificate indicating travel on duty, the Tribunal found these did not elevate his status to that of a member of the Defence Force. The Tribunal concluded that the applicant's participation in the goodwill tour, including a supply drop mission, did not constitute service as a member of the Defence Force, and therefore, he did not render qualifying service.

Consequently, the Tribunal affirmed the reviewable decision, finding that the applicant was not a veteran within the meaning of the VEA.