Defence Force (Home Loans Assistance) Act 1990 - Determination of Warlike service - Operation SLIPPER (07/12/2001)

Overview

The Defence Force (Home Loans Assistance) Act 1990 was enacted to address the need for financial assistance for members of the Australian Defence Force (ADF) in the form of home loans. This Act was introduced to ensure that service personnel and their families receive support in securing home loans, thereby alleviating some of the financial burdens associated with military service. The problem it aimed to address was the lack of adequate financial support mechanisms for ADF members, particularly in relation to home loan assistance. Enacted by the Parliament of Australia, the policy objective of this Act is to provide financial relief to ADF members and their families by facilitating home loans under favourable terms. The Defence Force (Home Loans Assistance) Act 1990 was amended in 2001 to include specific determinations regarding warlike service, such as that involved in OPERATION SLIPPER. This determination, signed by Danna Vale, the Minister for Veterans' Affairs on behalf of the Minister for Defence, classifies certain service in designated areas as warlike service. This classification is crucial for determining eligibility for the home loan assistance provisions under the Act. The specified areas, including regions around Australia and the Diego Garcia land mass, were identified to ensure that ADF members serving in these locations are recognised for their warlike service, thereby qualifying them for the benefits provided under the Act.

Scope and Application

The Defence Force (Home Loans Assistance) Act 1990 applies to members of the Australian Defence Force (ADF) who are eligible for home loan assistance, providing a financial safety net by ensuring that members who undertake warlike service receive certain benefits. Specifically, the Act aims to recognise the sacrifices made by these individuals and their families, particularly in the context of their home loan obligations. This legislation ensures that those who serve in warlike conditions receive assistance, thereby alleviating the financial burden that may arise during their service. The Act applies to individuals who are serving or have served in warlike conditions, which are determined by the Minister for Veterans' Affairs on behalf of the Minister for Defence. The geographic scope of this particular determination includes service in OPERATION SLIPPER in two specified areas: one bounded by precise geographical coordinates and the other encompassing Diego Garcia land mass, territorial waters, and airspace out to a 250 nautical mile radius. This determination was made on December 7, 2001, and it extends the application of the Act to include service rendered on or after October 11, 2001, in these designated areas.

Key Provisions

The Defence Force (Home Loans Assistance) Act 1990 (the Act) has several key provisions, particularly with regard to the recognition of warlike service for the purposes of home loan assistance. Section 3C of the Act is significant here, as it defines what constitutes warlike service. In this determination (F2007B00582), Minister for Veterans' Affairs Danna Vale has specified that service rendered as a member of the Australian Defence Force (ADF) on or after 11 October 2001 with OPERATION SLIPPER in the Specified Areas is considered warlike service under this section. This determination is crucial as it extends eligibility for home loan assistance to members of the ADF who have served in these areas. The Act imposes certain obligations on the parties it governs. For instance, the Minister for Veterans' Affairs, on behalf of the Minister for Defence, must determine whether specific service is warlike. This determination is then published to inform affected ADF members about their eligibility for home loan assistance. Additionally, the Act mandates that the Minister must provide clear geographical definitions of the specified areas where the warlike service was performed. In this case, the determination specifies two areas: one bounded by specific geographical coordinates and the other including the Diego Garcia land mass, territorial waters, and airspace out to a 250nm radius. The Act also delineates the consequences for breaches of its provisions, although specific offences, penalties, or consequences are not detailed in this determination. Generally, breaches of provisions under the Act could result in legal actions, including fines or other penalties as prescribed by law. The Act's primary focus, however, is on ensuring that ADF members who have served in warlike conditions receive the necessary assistance, such as home loans, without the burden of financial strain. By clearly defining what constitutes warlike service and the areas where such service was rendered, the Act aims to provide clarity and support to veterans and their families.