Overview

The Humanitarian Overseas Service Medal (South Vietnam) Amendment Declaration 2019 was enacted in 2019 to address the need to recognise the contributions of individuals who served with specific organisations during the Vietnam War, which were previously not covered under the original Humanitarian Overseas Service Medal (South Vietnam) Declaration 1999. The amendment was made by the Governor-General in accordance with the Australian Constitution and represents a policy objective to appropriately honour and acknowledge the service of those who were involved in humanitarian efforts in South Vietnam. The amendment specifically adds Friends For All Children (FFAC) as an eligible organisation for the purposes of the medal, ensuring that their contributions are formally recognised and commemorated. This amendment was approved by the Governor-General and the details are available on the official Governor-General's website.

Scope and Application

The Humanitarian Overseas Service Medal (South Vietnam) Amendment Declaration 2019 applies to individuals who were members of the Australian Defence Force and provided humanitarian services in South Vietnam, and now extends eligibility to those who served with Friends For All Children (FFAC) as an additional recognised humanitarian organisation. This Act amends the Schedule 1 of the Humanitarian Overseas Service Medal (South Vietnam) Declaration 1999 to officially recognise FFAC as an eligible organisation for the purposes of awarding the medal, thereby expanding the scope of the previous legislation. The amendment has a national jurisdictional reach, impacting all individuals who may have served with FFAC in South Vietnam and who were previously ineligible for the medal. There are no exclusions, exemptions, or thresholds specified in the amendment itself, though the original Declaration 1999 may contain such provisions which remain unaffected by this amendment. The application of the Act is not extended or restricted through any subordinate instruments, as the amendment directly modifies the existing Declaration.

Key Provisions

The main operative sections of the Humanitarian Overseas Service Medal (South Vietnam) Amendment Declaration 2019 involve the amendment of Schedule 1 of the Humanitarian Overseas Service Medal (South Vietnam) Declaration 1999. This amendment (section 3) specifically seeks to include Friends For All Children (FFAC) as an eligible organisation for the purposes of awarding the Humanitarian Overseas Service Medal for service in South Vietnam. This addition to the Schedule ensures that service by members of FFAC in South Vietnam during the relevant period is recognised and eligible for the medal. The amendment is effective from the date of proclamation, ensuring that those who served with FFAC and are yet to be recognised can now be considered for the award. The obligations imposed by this Act are primarily administrative and pertain to the recognition of service by FFAC members. The Department responsible for the Humanitarian Overseas Service Medal (section 4) must now consider applications from FFAC members who served in South Vietnam during the qualifying period. This includes reviewing service records and verifying the eligibility of individuals for the award. The Act does not impose financial or operational obligations on FFAC or its members but mandates the inclusion of FFAC in the eligibility criteria for the medal. There are no explicit offences, penalties, or civil/criminal consequences outlined in this Declaration for breach of its provisions. The primary focus of the amendment is to rectify the omission of FFAC from the list of eligible organisations, thereby allowing eligible service members to be recognised appropriately. The absence of punitive measures indicates that the intention is to correct an oversight rather than enforce compliance through penalties. Any procedural errors or administrative oversights in processing the new eligibility would likely be subject to internal departmental review rather than legal penalties.