Humanitarian Overseas Service Medal (South Sudan) Declaration 2000

Overview

The Humanitarian Overseas Service Medal (South Sudan) Declaration 2000, as amended, was enacted to provide a formal declaration for the awarding of the Humanitarian Overseas Service Medal for service related to the humanitarian aid operation arising from the civil war in southern Sudan. This declaration was made under subregulation 3(1) of the Humanitarian Overseas Service Medal Regulations, which themselves were established under Letters Patent dated 16 April 1999. The enactment of this declaration by the relevant legislature aims to formally recognise and honour the humanitarian service provided by eligible personnel in the specified hazardous areas. It identifies the eligible organisations and the qualifying period of service, ensuring that the humanitarian efforts in South Sudan are formally acknowledged and rewarded. The declaration also specifies the geographical extent of the hazardous area, the period during which the declared operation commenced, and the criteria for ineligibility for an award of the Medal.

Scope and Application

The Humanitarian Overseas Service Medal (South Sudan) Declaration 2000, made under the Humanitarian Overseas Service Medal Regulations, applies to individuals who have provided humanitarian service in South Sudan during a specified period related to the civil war. The declared operation, named "South Sudan," commenced on 23 May 1992, and extends to specific hazardous areas within South Sudan and adjoining countries where eligible organisations were or are active. Eligible service is limited to members of specified organisations, such as the Australian civilian contingent to United Nations organisations, Australian Red Cross, CARE Australia, TEAR Australia, and World Vision Australia, with their respective periods of participation detailed in Schedule 1. To be eligible for the Medal, an individual must have served for a qualifying period of at least 30 days of humanitarian service, which may be aggregated from multiple periods of service with eligible organisations. Notably, locally-engaged staff members of these organisations and commercial contractors are ineligible for the award. The geographical extent of the declared operation encompasses South Sudan and adjoining areas where specified organisations provided humanitarian services. The Declaration is in force and has been amended by subsequent declarations in 2001 and 2002, which updated the list of eligible organisations and their participation periods.

Key Provisions

The main operative sections of the Humanitarian Overseas Service Medal (South Sudan) Declaration 2000 (as amended) detail the specifics of the declared humanitarian aid operation in South Sudan and the eligibility criteria for awarding the Humanitarian Overseas Service Medal. Section 3 declares the humanitarian aid operation arising from the civil war in southern Sudan as a declared operation. Section 4 designates the name of the operation as 'South Sudan'. Section 5 specifies the geographical extent of the hazardous area, which includes South Sudan and adjoining countries where specified organisations were involved in humanitarian service. Section 6 states that the declared operation commenced on 23 May 1992. Section 7 identifies the organisations whose service is eligible for consideration, detailed in Schedule 1. Section 8 outlines the period within which each specified organisation participated in the operation. Section 9 stipulates that the qualifying period of service required to be eligible for an award of the Medal is 30 days, which can be aggregated from multiple periods of service. Section 10 clarifies that inspection visits by members of specified organisations count as humanitarian service if they occur within the specified period. Section 11 details the ineligibility for an award of the Medal, including locally-engaged staff and commercial contractors of specified organisations. The Declaration imposes several obligations and requirements on the parties involved. It mandates that service with specified organisations, as listed in Schedule 1, must fall within the declared operation period to be considered for the Medal. Furthermore, it specifies that the qualifying period of service must be a minimum of 30 days, which can be accumulated across different periods of service with one or more of the specified organisations. Additionally, the Declaration requires that any inspection visits by members of specified organisations during the specified period be counted as humanitarian service. Notably, if a day of service or inspection could be attributed to more than one organisation, it must be counted as a single day of service. The Declaration also outlines specific consequences and penalties for breaches of its provisions. While the Declaration itself does not explicitly state penalties, it is made under the Humanitarian Overseas Service Medal Regulations, which may contain provisions for offences and penalties. Generally, breaches of regulations related to eligibility for medals can lead to civil or criminal consequences, depending on the nature and severity of the breach. Penalties could range from fines to more severe sanctions, depending on the jurisdiction and the specific regulatory framework under which the Declaration operates. It is essential to refer to the broader regulatory context to understand the full implications of any breach.