Overview

The Humanitarian Overseas Service Medal (2004 Indian Ocean Tsunami) Declaration 2013, enacted in 2013, represents a legislative amendment aimed at addressing the eligibility criteria for the award of the Humanitarian Overseas Service Medal with Clasp ‘INDIAN OCEAN’. This amendment was introduced to ensure that additional eligible organisations receive recognition for their contributions in the aftermath of the 2004 Indian Ocean tsunami. The amendment was approved by the Governor-General and reflects a policy objective to acknowledge and honour the efforts of various humanitarian organisations that participated in relief and recovery operations following the disaster. The enacting body in this instance is the Governor-General, who has the authority to approve such amendments under the relevant legislation governing the awarding of medals and honours in Australia.

Scope and Application

The amendment to the list of eligible organisations for the award of the Humanitarian Overseas Service Medal with Clasp 'INDIAN OCEAN' applies to specific organisations involved in the humanitarian response to the 2004 Indian Ocean tsunami. These eligible organisations are recognised for their substantial contribution to relief efforts in the aftermath of this disaster. The amendment identifies which entities are now eligible for the award, ensuring that appropriate recognition is given to those who participated in critical humanitarian operations. The reach of this Act is national, with the amendment affecting eligible organisations across Australia, as the Humanitarian Overseas Service Medal is a Commonwealth award. The amendment does not specify any exclusions or exemptions, but rather extends the eligibility criteria to ensure that all qualifying organisations are acknowledged. Subordinate instruments may further detail the application process and criteria for eligibility, but the primary focus of this notification is to update the list of eligible organisations for the award.

Key Provisions

The main operative sections of the Humanitarian Overseas Service Medal (2004 Indian Ocean Tsunami) Declaration 2013 (the "Declaration") primarily involve the amendment of the list of eligible organisations for the award of the Humanitarian Overseas Service Medal with Clasp 'INDIAN OCEAN' (section 3). This amendment expands the eligibility criteria to include additional entities that contributed to the humanitarian response following the 2004 Indian Ocean tsunami. The Declaration outlines the specific conditions under which these entities must have participated in the relief efforts to qualify for the medal (section 4). The Declaration imposes certain obligations on the parties involved, particularly on the eligible organisations themselves. They must ensure that their contributions were made in the context of the humanitarian response following the 2004 Indian Ocean tsunami and meet the specified criteria laid out in the Declaration (section 5). Eligible organisations are also required to submit any necessary documentation to substantiate their claim for the medal. Additionally, the Australian Government, through the relevant departments, has the responsibility of verifying the claims and facilitating the award process (section 6). In terms of breaches, the Declaration does not explicitly outline specific offences or penalties. However, it is implied that any misrepresentation or fraudulent claims for the award of the medal could potentially lead to serious repercussions. Though not detailed in the Declaration, such actions might be subject to general legal consequences under applicable Australian laws, which could include fines or other penalties as determined by the relevant courts. The seriousness of such consequences would depend on the specific circumstances and the extent of any fraudulent activity.