Overview

The Australian Service Medal Regulations Amendment (Special Ops) 2019 was enacted to address a gap in the recognition of specific service contributions within the Australian Defence Force. This amendment, which was approved by the Governor-General, aims to honour the distinct and significant contributions made by personnel involved in special operations. This legislation was enacted by the Commonwealth Parliament, reflecting the policy objective to provide appropriate recognition and distinction to those who have served in special operations roles. The Australian Service Medal, originally established to recognise the service of members of the ADF, was extended through this amendment to include a clasp specifically for 'SPECIAL OPS', thereby acknowledging the unique and often high-risk nature of their duties.

Scope and Application

The Australian Service Medal Regulations with Clasp 'SPECIAL OPS' Amendment 2019 pertains to the award of the Australian Service Medal with a specific clasp for Special Operations personnel, extending the eligibility criteria for this decoration. This amendment applies to Australian Defence Force personnel who have served in Special Operations Command (SOC) roles during specified periods of active service, thus recognising their contributions to Australia's defence. The amendment delineates the specific conditions under which the clasp may be awarded, such as the duration and nature of service required, and who qualifies for this honour. The geographic and jurisdictional reach of this Act is national, as it pertains to the Commonwealth of Australia and its recognition of service across the country. While the primary scope is to honour military personnel, there are no specific exclusions or exemptions mentioned in the text, suggesting that eligible individuals who meet the criteria will be considered for the award. The application and interpretation of this amendment can be further defined through subordinate instruments, allowing for detailed specifications and administrative guidance on the eligibility and award process.

Key Provisions

The primary operative sections of the Amendment 2019 to the Australian Service Medal Regulations, specifically addressing the Clasp 'SPECIAL OPS', outline the criteria for the award of this particular clasp. Section 3 of the amendment provides that the clasp may be awarded to recipients of the Australian Service Medal who have undertaken operations with Special Operations Command (SOC) and met specific service requirements (s.3). This amendment broadens the eligibility criteria by including service members who have been deployed with SOC for a minimum period, even if they have not participated in direct combat operations (s.3). The obligations and requirements imposed by this Act primarily concern the eligibility and application process for the clasp. Service members who meet the criteria must apply for the clasp through the appropriate military channels, providing evidence of their service and deployment with SOC (s.4). The Department of Defence, through the Defence Honours and Awards Appeals Advisory Group, is responsible for assessing these applications and making the final determination on eligibility (s.5). Offences and penalties are not explicitly stated within the text of this amendment; however, any fraudulent claims or misrepresentations of service for the purposes of obtaining the clasp could potentially lead to disciplinary action under military law. Such actions might include administrative discharge, fines, or other penalties deemed appropriate by the military authorities. Additionally, any legal challenges to the decision-making process must be made within a specified timeframe, as outlined by the Administrative Appeals Tribunal Act 1975 (Cth). This ensures that any disputes are resolved in a timely and orderly manner.