Humanitarian Overseas Service Medal (Cambodia) Declaration 1999

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q00928 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 10 February 2003
taking into account amendments up to Humanitarian Overseas Service Medal (Cambodia) 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 Period when declared operation occurred

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

Notes

1 Name of declaration [see Note 1]

This declaration is the Humanitarian Overseas Service Medal (Cambodia) 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 Schedule 1 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 hazardous area means the hazardous area specified in section 5.

specified organisation means an organisation specified in Schedule 1.

(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 conflict in Cambodia from 1979 until 1991, 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 ‘Cambodia’.

5 Geographical extent of hazardous area

The geographical extent of the hazardous area of the declared operation is Cambodia and areas in adjoining countries in which a specified organisation is, or was, carrying on humanitarian service in relation to the declared operation.

6 Period when declared operation occurred

The period within which the declared operation occurred is 1 July 1979 to 31 December 1993 (inclusive).

7 Eligible service with specified organisations

The organisations service with which is eligible service are the organisations specified in Schedule 1.

8 Period of participation by specified organisations

The period within which each specified organisation participated in the declared operation is as specified in 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 with 1 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 1 organisation, the day must be counted as 1 day of humanitarian service.

10 When inspection visits count as humanitarian service

(1) A person’s inspection visit is counted as humanitarian service if the person made the visit:

(a) as a member of a specified organisation; 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 1 of the organisations, the day must be counted as 1 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 Cambodia 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 Cambodia clasp of the Australian Service Medal because of a determination under subregulation 4 (2) of the Australian Service Medal Regulations;

(iii) an award of the Cambodia clasp of the Police Overseas Service Medal because of a determination under subregulation 4 (2) of the Police Overseas Service Medal Regulations; or

(b) the person (whether in the specified hazardous area 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)

Item	Organisation	Commencement date of participation	Period of participation
1	Australian contingent to the International Committee of the Red Cross		1 July 1979 to 31 December 1991 (inclusive)
2	Australian contingent to United Nations organisations serving in the specified hazardous area in relation to the declared operation		1 July 1979 to 31 December 1993 (inclusive)
3	Australian Lutheran World Service		15 June 1993 to 31 December 1993 (inclusive)
4	Australian Red Cross		1 January 1988 to 31 December 1993 (inclusive)
5	CARE Australia		11 September 1990 to 31 December 1993 (inclusive)
6	Overseas Service Bureau		28 January 1988 to 31 December 1993 (inclusive)
7	Save the Children Fund Australia		1 January 1993 to 31 December 1993 (inclusive)
8	World Vision Australia		1 July 1979 to 31 December 1993 (inclusive)

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

Note 1

The Humanitarian Overseas Service Medal (Cambodia) Declaration 1999 (in force under 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 (Cambodia) Declaration 1999	14 July 1999 (see Gazette 1999, No. S321	14 July 1999
Humanitarian Overseas Service Medal (Cambodia) 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. 2002 No. 1

Overview

The Humanitarian Overseas Service Medal (Cambodia) Declaration 1999, as amended, was made under the authority of the Humanitarian Overseas Service Medal Regulations and came into effect on 14 July 1999. This declaration was enacted by the Parliament of Australia to address the need for recognising the humanitarian service provided by Australian citizens and organisations in Cambodia during the conflict from 1979 until 1991. The policy objective of this declaration is to establish the criteria for awarding the Humanitarian Overseas Service Medal to eligible personnel who provided humanitarian aid during this period. The declaration specifies the qualifying period of service, the organisations eligible for participation, and the geographical extent of the hazardous area where the humanitarian service was rendered. Additionally, it outlines the circumstances under which inspection visits count as humanitarian service and the conditions under which individuals are ineligible for an award of the Medal. The declaration was updated in 2002 to amend certain provisions, ensuring the recognition process remains accurate and comprehensive.

Scope and Application

The Humanitarian Overseas Service Medal (Cambodia) Declaration 1999, made under the Humanitarian Overseas Service Medal Regulations, establishes eligibility criteria and the scope of humanitarian service in Cambodia between 1 July 1979 and 31 December 1993 that qualifies for the award of the Humanitarian Overseas Service Medal (Cambodia). This declaration applies to individuals who provided humanitarian service in Cambodia or in adjoining countries with specified organisations during the declared operation. Eligible service must be rendered with organisations listed in Schedule 1, such as the Australian contingent to the International Committee of the Red Cross, Australian Lutheran World Service, and others, within their respective participation periods. The qualifying period for eligibility is a minimum of 30 days of humanitarian service, which can be aggregated from service with one or more specified organisations. However, individuals are ineligible if their service qualifies them for other specified awards or if they were locally-engaged staff or employees of commercial contractors to the specified organisations. The declaration's geographic reach encompasses Cambodia and areas in adjoining countries where specified organisations were active in the humanitarian effort.

Key Provisions

The Humanitarian Overseas Service Medal (Cambodia) Declaration 1999 (C2004Q00928) establishes the eligibility criteria and operational parameters for the award of the Humanitarian Overseas Service Medal in relation to the humanitarian aid operation in Cambodia from 1979 to 1991. This Declaration identifies the specific operation, the geographical extent of the hazardous area, the period of the operation, and the eligible organisations and service periods (sections 3-11). It also defines terms used within the Declaration and Regulations (section 2). The operation is named 'Cambodia' and the hazardous area includes Cambodia and adjacent countries where specified organisations were involved in humanitarian service (sections 4 and 5). The period of the declared operation is set from 1 July 1979 to 31 December 1993 (section 6). The eligible organisations and their periods of participation are detailed in Schedule 1 (sections 7 and 8). A qualifying period of 30 days of humanitarian service with a specified organisation is required for medal eligibility, with service periods able to be aggregated (section 9). Inspection visits count as humanitarian service if they meet certain criteria (section 10). Certain individuals are ineligible for the medal, including those who have already been awarded a clasp for Cambodia or are locally-engaged staff or contractors (section 11). The Act imposes obligations on the parties involved, including the requirement for individuals to provide evidence of their service with eligible organisations within the specified timeframes. It mandates that service periods must be accurately aggregated and that any inspection visits that qualify as humanitarian service must be correctly counted. There are also restrictions on who can be eligible for the award, particularly those who have already received related awards or who were employed by commercial contractors or locally-engaged staff of the specified organisations. Breach of the provisions outlined in the Declaration may result in civil or criminal penalties, although the specific penalties are not detailed in the text provided. Generally, failure to comply with the criteria for eligibility or providing false information could lead to disqualification from the award or other legal repercussions. The precise nature of any penalties would depend on the context and the severity of the breach, and would be governed by the broader legal framework within which this Declaration operates.

Area of Law: Military Law
Instrument: Prerogative Instrument
Concepts: Definitions & Interpretation; Eligibility Criteria; Service Recognition; 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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