EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Members) Determination 2006
This Military Rehabilitation and Compensation (Members) Determination 2006, is made under section 8(1) of the Military Rehabilitation and Compensation Act 2004 (the Act).
Subsection 8(1) of the Act provides that the Defence Minister, who is defined in section 5 of the Act as the Minister responsible for the administration of section 1 of the Defence Act 1903, may determine in writing, that a person or particular class of persons may be taken to be members for the purposes of the Act. Under the portfolio allocation of Ministerial Responsibilities, the Minister Assisting the Minister for Defence has responsibility for compensation matters and is therefore responsible for the promulgation of determinations by the Defence Minister under the Act.
A determination may be made under subsection 8(1) where a person or class of persons engage in activities or perform acts at the request or direction of the Defence Force, for the benefit of the Defence Force, or under a requirement made by or under a law of the Commonwealth for the purposes of the Defence Force. These persons are taken to be members for the purposes of the Act and are therefore entitled to certain benefits under the Act that are available to Defence Force members.
Clause I of the Determination cites the determination as the Military Rehabilitation and Compensation (Members) Determination 2006.
Clause 2 of the Determination specifies the commencement date as 1 February 2006. It further provides that the Determination applies from 1 February 2006 until 30 April 2006 for the purposes of subsection 8(2) of the Act.
Clause 3 determines the person specified in Schedule 1 as a member for the purposes of the Act.
Schedule 1 lists the person, together with the acts for the purposes of the Determination. These acts encompass such matters as recording Defence Force operations overseas as motion pictures and still photography in order to preserve and present the Australian history of armed conflict.
The Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA).
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The Rule Maker has noted that even though this Determination is beneficial in nature and consultation in respect of this instrument may not be required, consultation did take place between the Department of Veterans' Affairs and Defence and both parties support the measure.
Authority: Subsection 8(1) of the Military Rehabilitation and Compensation Act 2004
Overview
The Military Rehabilitation and Compensation (Members) Determination 2006 was enacted to address the need for extending certain benefits under the Military Rehabilitation and Compensation Act 2004 to individuals who are not formally part of the Defence Force but are engaged in activities or perform acts at the request or direction of the Defence Force. This legislative instrument was promulgated by the Defence Minister under the authority granted by section 8(1) of the Act and is intended to ensure that those contributing to Defence Force operations are recognised and supported appropriately. The Determination, which came into effect on 1 February 2006, identifies specific individuals or classes of persons who can be considered members for the purposes of the Act, thereby entitling them to benefits such as compensation and rehabilitation services. The policy objective of this Determination is to acknowledge and provide for the welfare of those indirectly supporting Defence Force operations, thereby filling a gap in the coverage of the Act.
Scope and Application
The Military Rehabilitation and Compensation (Members) Determination 2006 is a legislative instrument made under section 8(1) of the Military Rehabilitation and Compensation Act 2004. It identifies specific individuals or classes of individuals who may be regarded as members of the Defence Force for the purposes of the Act, thereby entitling them to benefits provided under the Act. The Defence Minister, under the portfolio allocation of Ministerial Responsibilities, is responsible for this determination, with the Minister Assisting the Minister for Defence overseeing compensation matters. The Determination applies to individuals who engage in activities or perform acts at the request or direction of the Defence Force, for its benefit, or under a requirement made by or under a Commonwealth law for the Defence Force's purposes. The Determination was effective from 1 February 2006 until 30 April 2006, as specified in Clause 2, and lists the relevant individuals and acts in Schedule 1, such as those involved in recording Defence Force operations overseas. Although the Determination is of a beneficial nature, consultation occurred between the Department of Veterans' Affairs and Defence, both of whom support the measure. This Determination is also considered a legislative instrument under the Legislative Instruments Act 2003.
Key Provisions
The Military Rehabilitation and Compensation (Members) Determination 2006 (Determination) provides the main operative sections which establish the criteria under which individuals or classes of persons may be considered members of the Defence Force for the purposes of the Military Rehabilitation and Compensation Act 2004 (the Act). Specifically, Section 3 of the Determination identifies the person listed in Schedule 1 as a member of the Defence Force. This means that the individual who engages in specified activities, such as recording Defence Force operations overseas as motion pictures and still photography, is taken to be a member for the purposes of the Act (Clause 3). The commencement of this Determination is set out in Clause 2, which specifies that it applies from 1 February 2006 until 30 April 2006 as per subsection 8(2) of the Act.
The Act imposes certain obligations and requirements on the parties it governs. The Defence Minister, under section 8(1), is authorised to determine that a person or class of persons may be taken to be members for the purposes of the Act if they engage in activities or perform acts at the request or direction of the Defence Force, for the benefit of the Defence Force, or under a requirement made by or under a law of the Commonwealth. This means that the individuals or classes of persons who perform specific acts, such as recording Defence Force operations, are entitled to certain benefits available to Defence Force members, including those under the Act. The Minister Assisting the Minister for Defence, responsible for compensation matters, ensures that these determinations are made and that the benefits are appropriately administered.
Failure to comply with the requirements of the Act or the Determination could lead to various consequences. While the Determination itself does not explicitly outline offences or penalties, breaches of the Military Rehabilitation and Compensation Act 2004 could lead to civil or criminal consequences. For instance, under the Act, there are provisions for offences related to fraudulent claims or misrepresentation, which can result in penalties such as fines or imprisonment. However, the specific penalties for breaches are detailed in other sections of the Act and not within the scope of this Determination. It is important to note that the Determination is a legislative instrument under the Legislative Instruments Act 2003, and any breach of this instrument could result in administrative penalties as provided for under that Act.