Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 1) 2025

Administered by Department of Veterans' Affairs

Legislation au F2025L00628 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 1) 2025

This Determination amends Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 (the Principal Determination) made under paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004 (the Act) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (AIA Act). This instrument is also subject to the interpretation principles in the AIA Act.

This Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is exempt from disallowance pursuant to item 21 in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 (the Regulations) and is also exempt from sunsetting pursuant to item 39 in section 12 of the Regulations.

Paragraph 6(1)(b) of the Act defines non-warlike service as meaning service with the Defence Force that is of a kind determined in writing by the Defence Minister to be non-warlike service for the purposes of this Act.

A determination of non-warlike service allows the Military Rehabilitation and Compensation Commission to apply a more beneficial standard of proof when assessing a claim for liability of a veteran’s injury, disease or death in relation to a period of non-warlike service. This beneficial standard of proof reflects an understanding of the unique nature of military service and the risks associated with service on warlike and non-warlike operations. Similarly, an assessment of permanent impairment and the calculation of compensation payable to a member involves determining a compensation factor for an impairment and lifestyle rating whereby a service differential applies. The outcomes in terms of compensation will be more beneficial for ADF members who are injured or contract a disease that relates to non-warlike or warlike service and will mean greater compensation amounts will be payable compared to those members who were injured on peacetime service.

The purpose of this Determination is to make the following changes:

  • To include a new non-warlike operation;
  • To amend the period of operation for 2 non-warlike operations.
  • To include an operation name for a non-warlike operation.

The historical dates in this Determination do not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person (other than the Commonwealth). The retrospective application of this Determination is required to ensure that no ADF member (or their legal personal representative) is disadvantaged if claiming for death, injury or disease that may have occurred between the period when they commenced service on the operation and the commencement of this Determination.

Section 1 of this Determination sets out the manner in which this Determination may be cited.

Section 2 provides that this Determination will commences on the day after registration.

Section 3 identifies that this Determination has authority under paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004.

Section 4 provides that each Determination that is specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Determination has effect according to its terms.

Schedule 1—Non-warlike service amendment

Item 1 amends item 19C of the table at section 1 of Schedule 1 of the Principal Determination to provide that service supporting Operation OKRA ended on 31 December 2024 for the purposes of the definition of non-warlike service in paragraph 6(1)(b) of the Act.

Item 2 amends item 27 of the table at section 1 of Schedule 1 of the Principal Determination to provide that service supporting Operation LILIA ended on 31 August 2024 for the purposes of the definition of non-warlike service in paragraph 6(1)(b) of the Act.

Item 3 amends item 28 of the table at section 1 of Schedule 1 of the Principal Determination to provide that the name of the operation provided by the item is Operation KUDU.

Item 4 inserts a new item 28A into the table at section 1 of Schedule 1 of the Principal Determination which provides that from 25 April 2024 service in support of Ukraine’s self-defence is a non-warlike operation for the purposes of the definition of non-warlike service in paragraph 6(1)(b) of the Act.

Consultation

The Department of Veterans’ Affairs were consulted during the classification process. It is noted that decisions about the nature of service are subject to bipartisan consultation through Government and do not impact business or competition.

Authority:  Paragraph 6(1)(b) of the
Military Rehabilitation and
Compensation Act 2004

Overview

The Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 1) 2025 amends the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 under paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004. The primary aim of this Determination is to address the evolving nature of military service by updating the list of non-warlike operations and adjusting the periods associated with certain operations. The changes are designed to ensure that the Military Rehabilitation and Compensation Commission can apply a more beneficial standard of proof for assessing claims related to non-warlike service, which reflects the unique risks and nature of military operations. This amendment ensures that veterans who have served in specific operations receive appropriate recognition and compensation, thereby improving the fairness and effectiveness of the compensation system. The determination was enacted by the relevant legislature and is subject to the interpretation principles in the Acts Interpretation Act 1901.

Scope and Application

The Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 1) 2025 amends the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019, applying under the Military Rehabilitation and Compensation Act 2004. This legislation specifically applies to military personnel who have served in non-warlike operations, defining these operations in writing by the Defence Minister. The amendments serve to refine the parameters of non-warlike service, affecting the assessment of claims related to injuries, diseases, or deaths sustained during such operations, as well as the calculation of compensation. This Determination includes a new non-warlike operation, adjusts the period of operation for two existing operations, and assigns an operation name to one of the non-warlike operations. Notably, the changes are retrospective, ensuring that no current or former Australian Defence Force member is disadvantaged when claiming for injuries or diseases linked to their service. The scope of the Act is national, applying across the Commonwealth, and it is exempt from disallowance and sunsetting as specified in the relevant regulations.

Key Provisions

This Amendment Determination modifies the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 by introducing changes to the definition and period of non-warlike service under the Military Rehabilitation and Compensation Act 2004 (section 3). It alters the duration of two existing operations—Operation OKRA and Operation LILIA—and introduces a new operation, Operation KUDU. Furthermore, it includes service in support of Ukraine’s self-defence as a non-warlike operation from 25 April 2024 onwards. These changes are aimed at ensuring that the benefits and compensations are appropriately applied to the relevant military personnel who may have been affected by these operations. The Amendment Determination imposes obligations on the Military Rehabilitation and Compensation Commission to accurately assess and apply the compensation standards for veterans who have served in non-warlike operations. Specifically, it requires the Commission to recognise and apply the beneficial standard of proof and compensation factors for service-related injuries, diseases, or deaths in relation to the newly defined and modified non-warlike operations (Schedule 1). Additionally, the Department of Veterans' Affairs, which consults with the Commission, must ensure that these amendments are implemented correctly and that affected veterans are informed and assisted in claiming their benefits. Breaching the provisions of the Amendment Determination could result in legal consequences for the Military Rehabilitation and Compensation Commission and the Department of Veterans' Affairs. If these entities fail to comply with the requirements set out in the Determination, they may face civil or administrative penalties. The exact penalties are not specified in the text, but under the general provisions of the Legislation Act 2003, non-compliance can result in fines or other penalties as prescribed by law. The Commission and the Department must ensure they adhere strictly to the outlined changes to avoid any potential legal repercussions.

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Area of Law
Military Law
Instrument
Statutory Instrument
Concepts
Commencement Provisions
Repeal & Amendment
Licensing & Registration
Compliance Obligations
Administrative Discretion

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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.