Definition of an Australian Participant in the British Nuclear Tests for the Purposes of the Non-liability Health Care Treatment for All Malignant Cancers

Who is eligible?

Eligibility for the non-liability cancer treatment does not distinguish between military, public servants, or civilians. Eligibility for the non-liability cancer treatment will be considered if the participant was:

  1. A person is a nuclear test participant if the person:
    1. was present in a nuclear test area at any time during:
      (i)  if the area was the Monte Bello Islands Area – the period from the beginning of 3 October 1952 to the end of 19 June 1958; or
      (ii)  if the area was the Emu Field Area – the period from the beginning of 15 October 1953 to the end of 25 October 1955; or
      (iii)  if the area was the Maralinga Area – the period from the beginning of 27 September 1956 to the end of 30 April 1965; and
    2. was, at that time:
      (i)  a member of the Australian Defence Force; or
      (ii)  an employee of the Commonwealth; or
      (iii)  a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and
    3. was, at that time, an Australian resident.
  2. A person is a nuclear test participant if the person:
    1. was involved in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in a nuclear test area, being involvement that occurred at any time during:
      (i)  if the area was the Monte Bello Islands Area – the period from the beginning of 3 October 1952 to the end of 19 July 1956; or
      (ii)  if the area was the Emu Field Area – the period from the beginning of 15 October 1953 to the end of 25 November 1953; or
      (iii)  if the area was the Maralinga Area – the period from the beginning of 27 September 1956 to the end of 30 May 1963; and
    2. was, at that time:
      (i)  a member of the Australian Defence Force; or
      (ii)  an employee of the Commonwealth; or
      (iii)  a person who, under a contract with the Commonwealth, provided construction, maintenance or support services relating to the conduct of nuclear tests in that nuclear test area during that period; and
    3. was, at that time, an Australian resident.
  3. A person is a nuclear test participant if:
    1. at any time during the period from the beginning of 3 October 1952 to the end of 31 October 1957, the person flew in an aircraft of the Royal Australian Air Force or the Royal Air Force; and
    2. at the time the person flew in the aircraft, the aircraft:
      (i)  was used in measuring fallout from nuclear tests conducted in a nuclear test area; and
      (ii)  was contaminated by the fallout; and
    3. at that time, the person was:
      (i)  a member of the Australian Defence Force; and
      (ii)  an Australian resident.
  4. A person is a nuclear test participant if the person:
    1. was at any time during the period from the beginning of 1 May 1965 to the end of 30 June 1988 present in the nuclear test area that was the Maralinga area; and
    2. was, at that time, either:
      (i)  a Commonwealth Police Officer under the Commonwealth Police Act 1957; or
      (ii)  a member of the Australian Federal Police under the Australian Federal Police Act 1979; or
      (iii) a protective service officer, or a special protective service officer, within the meaning of the Australian Protective Service Act 1987; or
      (iv) a protective service officer, or a special protective service officer, in a Department of the Commonwealth; and
    3. was, at that time, an Australian resident.
  5. A nuclear test area is any of the areas described in the following table:

Item

Name of nuclear test area

Description of nuclear test area

1

Monte Bello Islands Area

The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago.

2

Emu Field Area

The area within 25 kilometres of the Totem test sites at Emu Field.

3

Maralinga Area

The area within 40 kilometres of any of the Buffalo or Antler test sites.

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Exclusions

This definition does not include others indirectly involved in the British Nuclear Tests who were not present at a prescribed site during the prescribed periods such as:

  • ADF personnel serving on:
    • HMAS Sydney
    • HMAS Macquarie
    • HMAS Culgoa
    • HMAS Murchison
    • HMAS Tobruk
    • HMAS Limicola
    • HMAS Reserve
    • HMAS Diamantina
    • HMAS Vengeance; and
  • Any person working or living in Woomera or Woomera village; and
  • Commonwealth Police at Maralinga after 1988; and
  • Employees contracted to Kwinana; and
  • Employees of the National Australia Bank at Maralinga.

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