Humanitarian Overseas Service Medal (East Timor) Declaration 2000

Administered by Department of the Prime Minister and Cabinet

Legislation au C2004Q00930 In force Prerogative Instrument

Legislation content

Humanitarian Overseas Service Medal (East Timor) Declaration 2000

as amended

made under subregulation 3 (1) of the

Humanitarian Overseas Service Medal Regulations

This compilation was prepared on 5 November 2001
taking into account amendments up to Humanitarian Overseas Service Medal (East Timor) Amendment Declaration 2001 (No. 2)

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

Contents

Page

 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 Date when participation by specified organisations commenced 

 9 Qualifying period of service 

 10 When inspection visits count as humanitarian service 

 11 Ineligibility for an award of the Medal 

Schedule 1 Specified organisations 

Notes 

 

 

 

 

1 Name of Declaration [see Note 1]

  This Declaration is the Humanitarian Overseas Service Medal (East Timor) Declaration 2000.

2 Definitions

 (1) In this Declaration:

declared operation means the operation declared under section 3.

Humanitarian Overseas Service Medal Regulations, and Regulations, mean 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.

INTERFET means the International Force East Timor led by Australia and authorised by the United Nations Security Council to restore peace and security in East Timor.

specified hazardous area means the hazardous area specified in section 5.

specified organisation means an organisation specified in Schedule 1.

UNAMET means the United Nations Mission in East Timor established by the United Nations Security Council on 11 June 1999 and concluded on 25 October 1999.

UN Popular Consultation Process means the ballot on the political status of East Timor, established as a result of agreements signed by Indonesia and Portugal on 5 May 1999 in New York, and conducted in East Timor on 30 August 1999.

UNTAET means the United Nations Transitional Administration in
East Timor established by the United Nations Security Council on 25 October 1999.

 (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 civil unrest in East Timor during the UN Popular Consultation Process on autonomy for East Timor and the UNAMET, INTERFET and UNTAET operations, 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 ‘East Timor’.

5 Geographical extent of hazardous area

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

 (a) East Timor, including the Oecussi Ambeno enclave and the Island of Atauro, in which a specified organisation is carrying out humanitarian service in relation to the declared operation; and

 (b) West Timor, 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 1 June 1999.

7 Eligible service with specified organisations

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

8 Date when participation by specified organisations commenced

  The date when each specified organisation commenced participating 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 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 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 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 East Timor 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 International Force East Timor Medal made under subregulation 5 (1) of the International Force East Timor Medal Regulations 2000;

 (iii) an award of the East Timor 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 hazardous area as a refugee or resident) is a locally-engaged member of the staff of a specified organisation; or

 (c) the person is, or is an employee of, a commercial contractor to a specified organisation.

Schedule 1 Specified organisations

(sections 2, 7, 8 and 10)

 

 

Item

Organisation

Commencement date of participation

1

Australian civilian contingents to United Nations organisations serving in the declared operation

1 June 1999

2

Australian contingent to East Timor Ambulance Service

1 June 2001

3

Australian contingent to International Medical Corps

1 June 1999

4

Australian contingent to International Red Cross

1 June 1999

5

Australian contingent to the Jesuit Refugee Service

1 June 1999

6

Australian Red Cross

1 June 1999

7

CARE Australia

28 September 1999

8

Caritas Australia

1 June 1999

9

Community Aid Abroad Oxfam Australia contingent to Oxfam International

29 September 1999

10

Timor Aid Inc

1 June 1999

11

World Vision Australia

1 October 1999

 

Notes to the Humanitarian Overseas Service Medal (East Timor) Declaration 2000

Note 1

The Humanitarian Overseas Service Medal (East Timor) Declaration 2000 (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 (East Timor) Declaration 2000

23 June 2000 (see Gazette 2000, S332)

23 June 2000

 

Humanitarian Overseas Service Medal (East Timor) Amendment Declaration 2001 (No. 1)

29 June 2001 (see Gazette 2001, S229)

29 June 2001

Humanitarian Overseas Service Medal (East Timor) Amendment Declaration 2001 (No. 2)

24 Oct 2001 (see Gazette 2001, S447)

24 Oct 2001

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Schedule 1............

rs. 2001 Nos. 1 and 2

 

 

Overview

The Humanitarian Overseas Service Medal (East Timor) Declaration 2000, as amended, was enacted under the authority of the Humanitarian Overseas Service Medal Regulations to recognise and honour the service of Australian citizens and organisations in the humanitarian aid operation in East Timor during the United Nations Popular Consultation Process and subsequent peacekeeping operations. The enactment was made by the relevant authorities under the prerogative powers granted by the Australian Government. The policy objective of this legislation is to provide a formal means of recognising the contributions made by individuals and organisations involved in the humanitarian efforts in East Timor, which aimed to restore peace and security following civil unrest. This is achieved through the awarding of the Humanitarian Overseas Service Medal to eligible participants who have rendered humanitarian service in the specified hazardous areas of East Timor and West Timor. The declaration specifies the eligible organisations, the qualifying period of service, and the conditions under which service counts towards the award of the Medal.

Scope and Application

The Humanitarian Overseas Service Medal (East Timor) Declaration 2000 applies to the humanitarian aid operations arising out of the civil unrest in East Timor during the UN Popular Consultation Process on autonomy for East Timor and the operations of UNAMET, INTERFET and UNTAET. The declared operation, named 'East Timor', includes specified hazardous areas within East Timor, Oecussi Ambeno enclave, Island of Atauro, and West Timor. The operation commenced on 1 June 1999. The Declaration specifies that service with certain Australian organisations involved in the operation qualifies for the award of the Humanitarian Overseas Service Medal. Eligible organisations and their participation dates are listed in Schedule 1. The qualifying period of service for the medal is 30 days, which can be aggregated from multiple periods of service with specified organisations. Certain inspection visits may also count as humanitarian service if conducted within specified timeframes. However, individuals who have already received specific awards or are locally-engaged staff or commercial contractors of specified organisations are ineligible for the medal. The scope of the Act is subject to amendments through subordinate instruments as indicated in the Tables of Instruments and Amendments.

Key Provisions

The Humanitarian Overseas Service Medal (East Timor) Declaration 2000, as amended, establishes the criteria and operational parameters for the awarding of the Humanitarian Overseas Service Medal to those who served in East Timor during the period of significant civil unrest and international intervention. The main sections of this declaration detail the nature of the declared operation (section 3), the geographical extent of the hazardous area (section 5), the eligible service with specified organisations (section 7), the qualifying period of service (section 9), and the conditions under which inspection visits count as humanitarian service (section 10). This legislation imposes specific obligations and requirements on the parties it governs. Organisations whose members may be eligible for the medal are listed in Schedule 1, with their respective commencement dates of participation in the declared operation (section 7). To be eligible for the medal, a member must provide a minimum of 30 days of qualifying service with a specified organisation, and this service can be aggregated from several periods of service with one or more of the organisations (section 9). Additionally, inspection visits are counted as humanitarian service if they were conducted by a member of a specified organisation within the specified period outlined in Schedule 1 (section 10). Failure to comply with the provisions of the declaration can result in consequences. While specific offences, penalties, or civil/criminal consequences are not explicitly detailed within the declaration itself, it is implied that not meeting the eligibility criteria or misrepresenting service could lead to disqualification from receiving the medal. Additionally, any individual found to have falsely claimed eligibility or service may face reputational damage and potential legal repercussions if they have misrepresented their service for other benefits or awards.

Legal classification tags

Area of Law
Military Law
International Humanitarian Law
Instrument
Prerogative instrument
Concepts
Definitions & Interpretation
Qualifying period of service
Ineligibility for an award of the Medal

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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.