EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 2) 2026
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 2 new non-warlike operational areas;
- To amend the period of operation for 2 non-warlike operations.
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 repeals and substitutes table item 29 and 30 of the table at section 1 of Schedule 1 of the Principal Determination to provide the following.
- To end the period of operation for the operational areas provided for Operation BEECH at item 29 and Operation HYDRANTH at item 30, with both the areas of operation concluding on 12 June 2025. This is due to the changed areas of operation being inserted by new table items 29A and 31.
- To include new operational areas for Operation BEECH at item 29A and Operation HYDRANTH at item 31, with both new operations in the recorded areas commencing from 13 June 2025.
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. 2) 2026 was enacted to amend the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019, made under the Military Rehabilitation and Compensation Act 2004. This amendment was introduced to address the need for updating the non-warlike service definitions to better reflect the current military operations and the associated risks. The enacting body for this legislative instrument is the Australian Parliament, and the policy objective is to ensure that veterans receive fair and beneficial compensation for injuries, diseases, or deaths related to their service, including non-warlike operations. This determination also ensures the historical dates do not disadvantage any person claiming for injuries or diseases that occurred during the specified periods. The retrospective application is intended to protect the rights of affected ADF members and their legal personal representatives.
Scope and Application
The Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 2) 2026 amends the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 under the Military Rehabilitation and Compensation Act 2004, providing for the inclusion of new non-warlike operational areas and adjustments to the period of operation for certain existing areas. This Determination applies to members of the Australian Defence Force who may have served in non-warlike operational areas as defined by the Defence Minister. The geographic reach of this Act is national, as it pertains to military operations and the associated rehabilitation and compensation for ADF members. The Determination is exempt from disallowance and sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015. It is important to note that the changes outlined in this Determination do not adversely affect the rights of persons, other than the Commonwealth, nor do they impose any liability on such persons. The retrospective application ensures that ADF members are not disadvantaged in their claims for injuries, diseases, or deaths related to non-warlike service.
Key Provisions
The Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 2) 2026, amends the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 (Principal Determination) made under the Military Rehabilitation and Compensation Act 2004 (section 3). This amendment is made in accordance with the Acts Interpretation Act 1901 and subject to the interpretation principles in the same Act (section 4). This legislative instrument is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015 and exempt from sunsetting under the same Regulations (section 4). The purpose of this Amendment is to redefine certain operational areas as non-warlike service and to amend the period of operation for two existing non-warlike operations.
The operative sections of this Determination introduce new non-warlike operational areas and modify the timeframes for two existing operations. Specifically, Section 4 amends the Principal Determination by repealing and substituting certain items in the schedule. This change impacts the operational areas for Operation BEECH and Operation HYDRANTH. The period of operation for these areas is now set to end on 12 June 2025, with new operational areas commencing from 13 June 2025. This ensures that the definitions and timeframes align with current Defence Force activities and objectives.
The obligations and requirements imposed by this Amendment are primarily on the Military Rehabilitation and Compensation Commission. They must now apply the more beneficial standard of proof for claims related to the newly defined non-warlike service areas. This includes assessing claims for injuries, diseases, or deaths occurring in these areas, as well as determining compensation based on the new service differentials. The Commission must also ensure that these changes do not adversely affect any person (other than the Commonwealth) and do not impose any liability on them.
There are no specific offences or penalties outlined in this Amendment. However, any breach of the provisions by the Military Rehabilitation and Compensation Commission or any failure to comply with the requirements could result in legal consequences. The retrospective application of this Determination ensures that no Australian Defence Force member or their legal personal representative is disadvantaged when claiming for injuries or diseases that occurred prior to the commencement of this Amendment. The changes are designed to provide more beneficial outcomes for veterans who were injured or contracted diseases during non-warlike operations.