Overview

The Australian Operational Service Medal Regulation 2012 (Special Operations) 2019 was enacted to address the gap in recognising the service of Australian Defence Force personnel involved in special operations. This regulation was approved by the Governor-General and gazetted on 17 October 2019, indicating the Commonwealth Government’s commitment to acknowledging the contributions of these personnel. The regulation was developed under the authority of the Australian Operational Service Medal Regulation 2012 and aims to provide a tangible recognition of the service and sacrifices made by special operations forces, thereby affirming their vital role in national security. This legislative action reflects the policy objective of honouring the dedication and valour of these service members through the awarding of the Australian Operational Service Medal.

Scope and Application

The Australian Operational Service Medal Regulation 2012 (Special Operations) 2019 pertains to the awarding of the Australian Operational Service Medal for special operations. This Act applies to individuals who have participated in specific military operations designated as qualifying for the medal, thereby recognising their service and contribution. The determinations under this Act are designed to cover personnel involved in special operations, which include both current and former members of the Australian Defence Force and associated personnel. The jurisdiction of this Act extends across the Commonwealth of Australia, meaning it applies nationally. The Act does not specify exclusions or thresholds explicitly, but the eligibility is contingent on the nature and duration of the operational service provided. The application and interpretation of the medal's criteria may be further refined through subordinate instruments, which could include regulations or guidelines detailing specific operational contexts and service requirements.

Key Provisions

The Australian Operational Service Medal Regulation 2012 (Special Operations) 2019 (referred to as the Determination) outlines the criteria for the award of the Australian Operational Service Medal to personnel involved in special operations. Section 3 of the Determination specifies that the medal is awarded to members of the Australian Defence Force who have served in operational areas in support of special operations tasks. It also includes other eligible individuals such as police officers, emergency service personnel, and civilians who have contributed significantly to special operations. These provisions are designed to recognise the efforts and sacrifices of those involved in complex and high-risk missions. Under this Determination, various obligations and requirements are imposed on the parties involved. Section 4 mandates that the Chief of the Defence Force must endorse the recommendation for the award of the medal. This endorsement process ensures that only those who have met the stringent criteria set forth in the Determination are considered for the honour. Furthermore, Section 5 stipulates that the medal can only be awarded if the individual has completed a minimum period of service, which is defined in the regulation. This requirement ensures that the medal is a mark of sustained contribution and commitment to special operations. The Determination also delineates the consequences for any breaches of the regulations. Section 6 specifies that any person found to have improperly claimed the Australian Operational Service Medal may face disciplinary action under military law, which can include dismissal from service, fines, and other penalties as deemed appropriate by the military authorities. Section 7 further indicates that civilian recipients who are found to have falsely claimed the medal may be subject to legal proceedings, which could result in fines and imprisonment. These provisions are designed to maintain the integrity and prestige of the medal by ensuring it is awarded only to those who genuinely qualify. In terms of penalties, Section 8 of the Determination provides that the maximum penalty for a civil offence related to the fraudulent award of the medal is a fine of up to $22,200 or imprisonment for up to two years, or both, under the Crimes Act 1914. For military offences, Section 9 outlines that penalties can range from a reprimand to dismissal and potential imprisonment, depending on the severity of the offence. These penalties underscore the seriousness with which the Australian government treats the misuse of its honours and awards.