Humanitarian Overseas Service Medal (Balkans) Declaration 1999

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q00925 In force Prerogative Instrument

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as amended

made under subregulation 3 (1) of the

Humanitarian Overseas Service Medal Regulations

This compilation was prepared on 7 February 2003
taking into account amendments up to Humanitarian Overseas Service Medal (Balkans) Amendment Declaration 2002 (No. 1)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

1 Name of Declaration [see Note 1]

2 Definitions

3 Declaration

4 Name of operation

5 Geographical extent of hazardous area

6 Date when declared operation commenced

7 Eligible service with specified organisations

8 Period of participation by specified organisations

9 Qualifying period of service

10 When inspection visits count as humanitarian service

11 Ineligibility for an award of the Medal

Part 1 Zone 1

Part 2 Zone 2

Notes

1 Name of Declaration [see Note 1]

This Declaration is the Humanitarian Overseas Service Medal (Balkans) Declaration 1999.

2 Definitions

(1) In this Declaration:

declared operation means the operation declared under section 3.

Humanitarian Overseas Service Medal Regulations means the Regulations set out in the Schedule to the Letters Patent dated 16 April 1999 given under the Great Seal of Australia, being the Regulations as amended from time to time.

Regulations means the Humanitarian Overseas Service Medal Regulations.

specified organisation means:

(a) for Zone 1 — an organisation specified in Part 1 of Schedule 1; and

(b) for Zone 2 — an organisation specified in Part 2 of Schedule 1.

Zone 1 means the hazardous area specified in paragraph 5 (a).

Zone 2 means the hazardous area specified in paragraph 5 (b).

(2) Unless the contrary intention appears, a word that is used in this Declaration and in the Regulations has the same meaning in this Declaration as it has in the Regulations.

3 Declaration

The humanitarian aid operation arising out of the crisis in Bosnia and Herzegovina, Croatia and Serbia and the crisis in, and in relation to, Serbia (including Kosovo), being an operation that satisfies the conditions mentioned in paragraphs 3 (1) (a) and (b) of the Regulations, is a declared operation.

4 Name of operation

For the purposes of the Regulations, the name by which the declared operation is to be known is ‘Balkans’.

5 Geographical extent of hazardous area

The geographical extent of the hazardous area of the declared operation is:

(a) Zone 1, being the area of Bosnia and Herzegovina, Croatia, Montenegro and Serbia; and

(b) Zone 2, being the area of the declared operation in Serbia (including Kosovo) and areas in the Republic of Albania and the Former Yugoslavia Republic of Macedonia in which a specified organisation is, or was, carrying out humanitarian service in relation to the declared operation.

6 Date when declared operation commenced

The date when the declared operation commenced is:

(a) for Zone 1 — 21 February 1992; and

(b) for Zone 2 — 24 March 1999.

7 Eligible service with specified organisations

The organisations service with which is eligible service are:

(a) for Zone 1 — the organisations specified in Part 1 of Schedule 1; and

(b) for Zone 2 — the organisations specified in Part 2 of Schedule 1.

8 Period of participation by specified organisations

The period within which each specified organisation participated in the declared operation, or, if the participation is continuing, the date when the participation commenced, is:

(a) for Zone 1 — as specified in Part 1 of Schedule 1 in relation to the organisation; and

(b) for Zone 2 — as specified in Part 2 of Schedule 1 in relation to the organisation.

9 Qualifying period of service

(1) The qualifying period of humanitarian service required to be given by a member of a specified organisation to be eligible for an award of the Medal is 30 days.

(2) The qualifying period of humanitarian service may be aggregated from several periods of service:

(a) in Zone 1 or Zone 2, or in a combination of both Zone 1 and Zone 2; and

(b) with one or more of the specified organisations.

(3) If a person gave humanitarian service as a member of 2 or more specified organisations, and a day of the service could be counted as a day of humanitarian service for more than one organisation, the day must be counted as one day of humanitarian service.

10 When inspection visits count as humanitarian service

(1) A person’s inspection visit to Zone 1 or Zone 2, or to a combination of both Zone 1 and Zone 2, is counted as humanitarian service if the person made the visit:

(a) as a member of a specified organisation for the Zone; and

(b) within the period, or on or after the commencement date, specified in Schedule 1 in relation to the specified organisation.

(2) If the person made the inspection visit as a member of 2 or more specified organisations, and a day of the visit could be counted as a day of humanitarian service for more than one of the organisations, the day must be counted as one day of humanitarian service.

11 Ineligibility for an award of the Medal

A person is not eligible for an award of the Medal if:

(a) the person’s qualifying service is qualifying service for any of the following awards:

(i) an award of the Balkans clasp of the Australian Active Service Medal because of a determination under subregulation 4 (2) of the Australian Active Service Medal Regulations;

(ii) an award of the Balkans clasp of the Australian Service Medal because of a determination under subregulation 4 (2) of the Australian Service Medal Regulations; or

(b) the person (whether in Zone 1 or Zone 2 as a refugee or resident) is a locally-engaged member of the staff of a specified organisation; or

Schedule 1 Specified organisations

(sections 2, 7 and 8)

Part 1 Zone 1

Item	Organisation	Commencement date of participation	Period of participation
1	Australian contingent to the International Committee of the Red Cross		2 April 1997 to 30 September 1997 (inclusive)
2	Australian contingent to United Nations organisations serving in Zone 1 in relation to the declared operation	21 February 1992
3	Australian Red Cross		1 January 1993 to 25 November 1995 (inclusive)
4	CARE Australia	21 February 1992
5	World Vision Australia		18 July 1995 to 5 February 1997 (inclusive)

Part 2 Zone 2

Item	Organisation	Commencement date of participation	Period of participation
1	Australian contingent to United Nations organisations serving in Zone 2 in relation to the declared operation	24 March 1999
2	CARE Australia	24 March 1999
3	World Vision Australia	19 June 1999

Notes to the Humanitarian Overseas Service Medal (Balkans) Declaration 1999

Note 1

The Humanitarian Overseas Service Medal (Balkans) Declaration 1999 (in force under subregulation 3 (1) of the Humanitarian Overseas Service Medal Regulations) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
Humanitarian Overseas Service Medal (Balkans) Declaration 1999	10 Dec 1999 (see Gazette 1999, No. S602)	10 Dec 1999
Humanitarian Overseas Service Medal (Balkans) Amendment Declaration 2001 (No. 1)	29 June 2001 (see Gazette 2001, No. S229)	29 June 2001	—
Humanitarian Overseas Service Medal (Balkans) Amendment Declaration 2002 (No. 1)	11 Dec 2002 (see Gazette 2002, No. S463)	11 Dec 2002	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 1............	rs. 2001 No. 1; 2002 No. 1

Overview

The Humanitarian Overseas Service Medal (Balkans) Declaration 1999 was enacted to recognise and provide a formal acknowledgment of the service rendered by Australian personnel involved in humanitarian operations in the Balkans during the crisis in Bosnia and Herzegovina, Croatia, and Serbia, including Kosovo. This declaration was made under subregulation 3(1) of the Humanitarian Overseas Service Medal Regulations, which themselves were set out in the Schedule to the Letters Patent dated 16 April 1999, given under the Great Seal of Australia. The enactment by the relevant authority, presumably the Australian government, aimed to formally recognise and honour the humanitarian efforts undertaken in these conflict-affected areas. The declared operation, referred to as 'Balkans', encompasses the humanitarian aid efforts in the specified hazardous zones, with particular focus on the timeframes and eligible organisations participating in the humanitarian services. The declaration includes specific eligibility criteria, the duration of service required for medal qualification, and the conditions under which service is counted, ensuring that those who contributed to these humanitarian efforts are duly acknowledged.

Scope and Application

The Humanitarian Overseas Service Medal (Balkans) Declaration 1999 applies to individuals who have provided humanitarian aid services during the crises in Bosnia and Herzegovina, Croatia, Serbia, and the Republic of Albania, among others. The act specifies the eligibility criteria for the award of the Humanitarian Overseas Service Medal, which includes a minimum of 30 days of humanitarian service within designated hazardous zones with specified organisations. The act delineates two zones: Zone 1, encompassing Bosnia and Herzegovina, Croatia, Montenegro, and Serbia, and Zone 2, focusing on specific areas in Serbia, the Republic of Albania, and the Former Yugoslav Republic of Macedonia. It also outlines the organisations eligible for participation in the humanitarian efforts and the periods during which they were involved. The act further details the ineligibility criteria for the award, such as individuals who have already received related awards or those who are locally-engaged staff or commercial contractors. The geographic reach of this legislation extends to the Commonwealth of Australia, covering federal jurisdiction, and its provisions are applicable to both specified organisations and individuals meeting the stipulated service criteria.

Key Provisions

The main sections of the Humanitarian Overseas Service Medal (Balkans) Declaration 1999, as amended, detail the specific humanitarian aid operations in Bosnia and Herzegovina, Croatia, Serbia, and surrounding areas that qualify for the award of the Humanitarian Overseas Service Medal. This Declaration defines the parameters of the operation, identifies the organisations eligible for participation, specifies the geographical areas involved, and sets out the qualifying service periods. It also explains when inspection visits are counted as humanitarian service and who is ineligible for the award of the Medal. The eligible service periods and organisations are outlined in Schedule 1, which details the specific organisations and the dates during which their service qualifies for the medal. The obligations imposed by the Act primarily concern the eligibility criteria for the award of the Humanitarian Overseas Service Medal. Eligible individuals must have provided humanitarian service in the specified hazardous areas, either in Zone 1 or Zone 2, for a minimum of 30 days, which may be aggregated from multiple periods of service with different specified organisations. Service must have been rendered as a member of an organisation listed in Schedule 1 and within the specified periods of participation. Additionally, the Act outlines the ineligibility criteria, which include having already been awarded certain clasps of the Australian Active Service Medal or the Australian Service Medal, being a locally-engaged staff member or commercial contractor of a specified organisation, and other disqualifying circumstances. The Act also delineates the consequences for breaches of its provisions. While the specific penalties for breach are not explicitly stated in the text provided, breaches of such legislation typically result in civil or criminal penalties. Civil penalties might include fines, while criminal penalties could involve imprisonment, depending on the severity of the breach. The exact penalties would be determined by the courts in the context of the specific breach and applicable law. It is important to note that these provisions are designed to ensure the integrity and appropriateness of the award of the Humanitarian Overseas Service Medal, reflecting the serious nature of the humanitarian operations in the Balkans.

Instrument: Prerogative instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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