EXPLANATORY STATEMENT
Defence Force (Home Loans Assistance)(Warlike Service – Operation SLIPPER) 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 SLIPPER, the ADF contribution to the international coalition against terrorism 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 outlines amendments and repeals.
Clause 5 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 SLIPPER 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 SLIPPER, the ADF contribution to the international coalition against terrorism 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 SLIPPER) Declaration 2014 establishes that service provided by ADF personnel on the operation contributing to the international coalition against terrorism, 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: Determining 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 SLIPPER) Declaration 2014 was enacted to address the need for recognising the warlike service of Australian Defence Force (ADF) personnel on Operation SLIPPER, the ADF's contribution to the international coalition against terrorism, under the Defence Force (Home Loans Assistance) Act 1990. This declaration was made by the Minister under the authority provided by Section 3C(1) of the Act, which enables the declaration of duty as warlike service for the purposes of the Act. The policy objective of this legislation is to ensure that ADF members who undertake warlike service on Operation SLIPPER are eligible for additional benefits, including extended periods of housing subsidy and a waiver of the five-year qualifying period of service, thereby providing them with additional support towards purchasing their own homes. This approach ensures that the nature of service provided by ADF members is reflected in the level and type of benefits they may receive as veterans. The declaration is compatible with human rights, particularly the right to an adequate standard of living, as it provides additional support to ADF members who have served in warlike conditions.
Scope and Application
The Defence Force (Home Loans Assistance)(Warlike Service – Operation SLIPPER) Declaration 2014 is a legislative instrument under the Defence Force (Home Loans Assistance) Act 1990, designed to classify service provided by Australian Defence Force personnel on Operation SLIPPER as warlike service. This classification is crucial for determining the eligibility of ADF members for housing subsidies and other benefits under the Defence HomeOwner Scheme. The scope of this legislation applies specifically to ADF personnel engaged in Operation SLIPPER, which is the ADF's contribution to the international coalition against terrorism. The declaration ensures that ADF members who render or have rendered warlike service on this operation qualify for additional housing subsidy periods and a waiver of the five-year qualifying period of service. The benefits vary, ranging from two additional years of subsidy for warlike service of less than three months to five additional years for service of more than nine months. The legislation extends its application to all ADF members who meet the criteria set out in the declaration, ensuring that their service on Operation SLIPPER is recognised appropriately. This legislative instrument operates within the Commonwealth jurisdiction, providing a clear framework for recognising the service of ADF members in warlike operations and ensuring they receive the benefits they are entitled to under the Act.
Key Provisions
The Defence Force (Home Loans Assistance)(Warlike Service – Operation SLIPPER) Declaration 2014, under Section 3C(1) of the Defence Force (Home Loans Assistance) Act 1990, designates the service provided by Australian Defence Force (ADF) personnel on Operation SLIPPER as warlike service. This means that ADF members participating in this operation are eligible for additional housing loan subsidies and a waiver of the five-year qualifying period for service under the Defence HomeOwner Scheme. The benefits vary based on the duration of warlike service, ranging from two additional years of subsidy for service of less than three months to five additional years for service of more than nine months.
The primary obligation imposed by this declaration is on the Minister for Defence to ensure that ADF personnel engaged in Operation SLIPPER are recognized as performing warlike service. This requires the Minister to facilitate the necessary administrative changes to ensure that eligible ADF members receive the additional housing subsidies as outlined in the Act. Furthermore, the declaration mandates the Department of Veterans’ Affairs to process applications for these benefits accurately and efficiently, ensuring that those who qualify are not unduly delayed in receiving the additional support to which they are entitled.
The legislation does not explicitly outline specific offences or penalties for breaches related to this declaration. However, any failure to comply with the requirements of the Defence Force (Home Loans Assistance) Act 1990 or any maladministration in processing claims could lead to legal consequences. This might include civil actions for misrepresentation or administrative errors, as well as potential criminal charges if the breach involves fraud or other forms of misconduct. The maximum penalties for such offences would depend on the specific laws under which the charges are brought, ranging from fines to imprisonment.
Additionally, while the declaration itself does not specify penalties, the Act and associated regulations may provide for sanctions in cases of non-compliance. For instance, incorrect claims or fraudulent activities could lead to civil penalties under the Commonwealth’s administrative law, which may include financial penalties or the repayment of improperly received benefits. In cases where there is intentional misconduct or fraud, the penalties could be more severe, potentially involving both criminal charges and significant fines.