The Secretary to the Treasury desires advice as to whether an officer appointed to the Australian Imperial Forces for the voyage only comes within the definition of 'Member of the Forces' set out in section 2 of the War Pensions Act 1914.

The conditions of appointment are contained in the following circular issued by the Adjutant-General to the Commandant of the respective military districts:

In case it should be found necessary in future to appoint a limited number of officers of field rank to command reinforcements on transports for the voyage only, it is desired that you should submit the names of four or five officers whom you consider possess sufficient knowledge and experience of the duties required.

The officers recommended need not necessarily be physically fit for active service as is ordinarily understood, but must of course be physically fit for the duties required.

It must be thoroughly understood that these officers will not under any circumstances be permitted to accompany the troops after disembarkation beyond the depot, where they will be available for duty until required to return in command of invalids and details on a troopship returning to Australia.

These officers will be permitted to retain their existing rank but they will be paid at the rate of £500 per annum inclusive of all allowances whilst employed as above, and they will be granted an outfit allowance of £15.

The War Pensions Act 1914, section 2, defines a Member of the Forces as follows:

'Member of the Forces' means a member of the Commonwealth Naval or Military Forces enlisted or appointed for or employed on active service outside Australia or employed on a ship of war. In my opinion an officer appointed for the voyage only is (or his dependants are) entitled to pensions under the War Pensions Act in the event of his death or incapacity resulting from his employment in connection with warlike operations.

[Vol. 13, p. 484]