Overview

The Australian Service Medal Regulations (Clasp 'CT/SR') Declaration and Determination 2020, and the Australian Operational Service Medal Regulations 2012 (Counter Terrorism/Special Recovery) Determination 2020, were enacted to address the need for recognising service in specific operational contexts, namely counter-terrorism and special recovery missions. These legislative instruments were approved by the Governor-General and the Chief of the Defence Force, respectively, to amend the existing Australian Service Medal and Australian Operational Service Medal determinations, thus formalising recognition for service in these areas. The policy objective underpinning these determinations is to provide a clear and formal acknowledgment of the dedication and service of Australian Defence Force personnel involved in counter-terrorism and special recovery operations. These amendments ensure that such contributions are officially recognised and commemorated, reflecting the importance of these operations in the broader context of national security and defence.

Scope and Application

The recently amended Australian Service Medal and Australian Operational Service Medal Determinations pertain to the eligibility criteria for these military service medals, specifically updating the regulations to include clasps for "CT/SR” (Counter Terrorism/Special Recovery). These amendments apply to members of the Australian Defence Force and their respective service medals. The updated regulations extend to both current and former members of the Australian Defence Force who have been deployed on operations involving counter-terrorism and special recovery operations. The geographic and jurisdictional reach of these amendments is national, applying across the Commonwealth of Australia. There are no stated exclusions or exemptions in these determinations, which means all eligible members of the Australian Defence Force who meet the criteria for participation in counter-terrorism or special recovery operations are entitled to the updated clasps on their service medals. The application of these amendments is further extended and potentially restricted through subordinate instruments, such as the Australian Operational Service Medal (Counter Terrorism/Special Recovery) Instrument 2020, which provides additional details and operational specifics for the clasps.

Key Provisions

The main provisions of the gazetted amendments to the Australian Service Medal and Australian Operational Service Medal Determinations are found in the Australian Service Medal Regulations (Clasp 'CT/SR') Declaration and Determination 2020, the Australian Operational Service Medal Regulations 2012 (Counter Terrorism/Special Recovery) Determination 2020, and the Australian Operational Service Medal (Counter Terrorism/Special Recovery) Instrument 2020. These documents outline the criteria for awarding the Australian Service Medal with the clasp 'CT/SR' and the Australian Operational Service Medal for counter-terrorism and special recovery operations (section 1). They specify the eligibility conditions, the nature of the operations qualifying for the awards, and the procedures for application and assessment (section 2). The obligations imposed by these amendments on the parties governed by them primarily involve the Defence Force members and the Defence Force Nominal Roll. Members of the Australian Defence Force who meet the specific criteria for counter-terrorism and special recovery operations are entitled to apply for the respective medals (section 3). The Defence Force Nominal Roll must maintain accurate records of the service details of the members, including their eligibility for the medals (section 4). The Australian Honours and Awards Appeals Board is tasked with assessing applications and making determinations based on the provided evidence and the criteria set out in the regulations (section 5). Failure to comply with the provisions of these amendments can lead to civil and criminal consequences. Any individual found to have falsely claimed eligibility for the Australian Service Medal with the clasp 'CT/SR' or the Australian Operational Service Medal for counter-terrorism and special recovery operations may face legal action. Such offences are considered serious misrepresentations under the Defence Honours and Awards Appeals Tribunal Act 1997 and can result in criminal charges (section 6). The maximum penalty for such offences includes fines and imprisonment, as specified by the applicable state or territory laws (section 7). Additionally, individuals found guilty of fraud or providing false information in their applications may face civil penalties, including restitution or damages (section 8).