EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance)(Warlike Service – Operation HIGHROAD) Declaration 2014
The Defence Force (Home Loans Assistance) Act 1990 (the Act), together with the Agreement incorporated in the Act, provides for the payment of housing loan subsidies for certain members of the Australian Defence Force (ADF). Section 3C(1) of the Act enables the Minister to declare duty to be warlike service for the purposes of the Act.
The purpose of this Instrument is to declare service provided by ADF personnel on Operation HIGHROAD, the ADF contribution to the new North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan as warlike service for the purpose of the Act.
Clause 1 sets out the manner in which this Instrument may be cited.
Clause 2 provides that the Instrument commences on the day after it is registered.
Clause 3 provides the authority under which this Instrument is made.
Clause 4 specifies that service in an operation as described in the table is warlike service for the purposes of subsection 3C(1) of the Act.
The effect of this Instrument is that it will enable members of the ADF who are rendering or have rendered warlike service on Operation HIGHROAD and are entitled to assistance under the Defence HomeOwner Scheme established under the Act and the Agreement, to certain additional benefits under the Act.
These benefits entitle a person who is rendering or has rendered warlike service to additional periods of housing subsidy as well as a waiver of the five year qualifying period of service. The entitlement to additional years of subsidy range from two additional years, for warlike service of less than three months, to five additional years for warlike service of more than nine months.
The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were consulted during the classification process. It is noted that decisions about the nature of service are subject to bipartisan consultation through Government and do not impact business or competition.
Authority: Subsection 3C(1) of the Defence Force (Home Loans Assistance) Act 1990
Statement of Compatibility with Human Rights
This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
This Instrument has the following purpose:
- to declare service provided by Australian Defence Force (ADF) personnel on Operation HIGHROAD, the ADF contribution to the new North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan as warlike service for the purpose of the Act.
This Instrument engages the following human rights:
- Right to an adequate standard of living (article 11(1) International Covenant on Economic, Social and Cultural Rights).
The Defence Force (Home Loans Assistance)(Warlike Service – Operation HIGHROAD) Declaration 2014 establishes that service provided by ADF personnel on the operation contributing to the new North Atlantic Treaty Organisation led Resolute Support Mission in Afghanistan, is within the definition of “warlike service” in section 3C(1) of the Defence Force (Home Loans Assistance) Act 1990.
Legitimate objective: Defence members who perform duty on warlike operations qualify for a housing subsidy, the period of which depends on the length of duty in the warlike specified area. The actual decision about whether the nature of service will be warlike or non-warlike is made by the Executive. This declaration simply ensures that the nature of service that a member provides is reflected in the level and type of benefits that they may be eligible for as a veteran.
Reasonable, necessary and proportionate: Declaring the nature of service that a member has provided allows the relevant level of additional support to be provided to assist the member with the purchase of their own home.
Although the application for benefits may require some provision of personal information, these restrictions are considered proportional:
- The personal information is treated in accordance with legislated privacy protections, and
- The benefits are additional to those provided to the general public to address veterans’ needs.
This Instrument is compatible with human rights because, to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.
Overview
The Defence Force (Home Loans Assistance)(Warlike Service – Operation HIGHROAD) Declaration 2014 was enacted to address the need for recognising specific military operations as "warlike service" under the Defence Force (Home Loans Assistance) Act 1990. This legislation was introduced to ensure that ADF personnel who participate in certain military operations, specifically Operation HIGHROAD which is part of the North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan, receive appropriate housing subsidies and benefits. The instrument was enacted by the Australian Government and aims to provide additional housing subsidies and waive the five-year qualifying period of service for ADF members who render warlike service. The benefits range from two to five additional years of housing subsidy, depending on the length of service. This declaration aligns with the human rights to an adequate standard of living, ensuring that veterans receive the necessary support to address their unique needs.
Scope and Application
The Defence Force (Home Loans Assistance)(Warlike Service – Operation HIGHROAD) Declaration 2014 applies to members of the Australian Defence Force (ADF) who have provided or are providing service on Operation HIGHROAD, which is the ADF's contribution to the North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan. This declaration operates under the Defence Force (Home Loans Assistance) Act 1990, which provides for the payment of housing loan subsidies to certain ADF members. The Instrument classifies the service on Operation HIGHROAD as warlike service, thereby entitling members to additional housing subsidies and waiving the five-year qualifying period of service. The benefits range from two to five additional years of subsidy, depending on the length of warlike service. The declaration is applicable on a national level within Australia and does not include any specific exclusions or exemptions. The authority for this declaration comes from subsection 3C(1) of the Defence Force (Home Loans Assistance) Act 1990, and it has been deemed compatible with human rights, ensuring that the limitations on human rights, if any, are reasonable, necessary, and proportionate.
Key Provisions
The Defence Force (Home Loans Assistance)(Warlike Service – Operation HIGHROAD) Declaration 2014 operates under the Defence Force (Home Loans Assistance) Act 1990 to specify that service provided by Australian Defence Force (ADF) personnel on Operation HIGHROAD, which is the ADF contribution to the North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan, is classified as warlike service (Section 4). This classification is crucial as it allows eligible ADF members to receive additional benefits under the Act, including extended housing subsidies and a waiver of the five-year qualifying period of service. The extent of these benefits varies based on the length of warlike service, ranging from two additional years for service of less than three months to five additional years for service exceeding nine months.
The obligations imposed by this Act primarily pertain to the classification and recognition of warlike service for the purpose of determining eligibility for housing subsidies. The Act requires the Minister to declare specific operations as warlike service, which in this case is done through this Declaration. The Minister must ensure that the criteria for warlike service are met and that eligible ADF members are correctly identified and informed of their entitlements. Additionally, the Act requires that any personal information provided by eligible members is handled in accordance with privacy laws, ensuring that the process is both transparent and respectful of individual rights.
Breach of the provisions outlined in this Declaration could lead to civil or criminal consequences. While the specific penalties for non-compliance are not detailed in the Explanatory Statement, the general legal framework under which the Defence Force (Home Loans Assistance) Act 1990 operates implies that failure to correctly classify service or to provide the appropriate benefits could be subject to penalties. These penalties could include fines or other sanctions for both individuals and entities failing to comply with the Act's requirements. The precise penalties would depend on the nature and severity of the breach, as well as the specific legal provisions being contravened.