Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 4) 2026

Administered by Department of Veterans' Affairs

Legislation au F2026L00806 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 4) 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 (AI Act). This instrument is also subject to the interpretation principles in the AI 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 include 16 non-warlike operations in the Principal Determination, from before 2000, to incorporate operations that were previously solely in the Veterans’ Entitlements (Non-warlike Service) Determination 2019. These operations are being incorporated into the Principal Determination as a consequence of changes being made to the Act by Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025. The changes to the Act enable all future compensation claims to be processed under the Act, regardless of when the ADF member served. Accordingly, the Principal Determination is amended to include all operations that ended before 2004 that are currently determined only in the Veterans’ Entitlements (Non-warlike Service) Determination 2019.

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.

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.

Schedule 1—Non-warlike service amendment

Item 1 inserts a new item before table item 1 of the table in section 1 of Schedule 1 of the Principal Determination. This table item is the Operation Berlin Airlift, which is listed in item 1 of the table at section 1 of Schedule 1 of the Veterans’ Entitlements (Non-warlike Service) Determination 2019.

Item 2 inserts a new item after table item 1 of the table in section 1 of Schedule 1 of the Principal Determination. This table item is Operation Banner, which is listed in item 2 of the table at section 1 of Schedule 1 of the Veterans’ Entitlements (Non-warlike Service) Determination 2019.

Item 3 inserts 9 new items after table item 2 of the table in section 1 of Schedule 1 of the Principal Determination. These table items include Operations Vista, Bel Isi and Bel Isi II, Pollard, Agricola, Damask, Allied Force, Bolton and two unnamed operations. The operations are listed in items 3 to 11 of the table at section 1 of Schedule 1 of the Veterans’ Entitlements (Non-warlike Service) Determination 2019.

Item 4 inserts 5 new items after table item 3 of the table in section 1 of Schedule 1 of the Principal Determination. These table items include Operations Faber, Spitfire, Southern Watch, Plumbob and Trek. The operations are listed in items 12 to 16 of the table at section 1 of Schedule 1 of the Veterans’ Entitlements (Non-warlike Service) Determination 2019.

 

Consultation

The Department of Veterans’ Affairs were consulted and support the amendments made by this Determination.

The rule maker was satisfied that further external consultation was not required.

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. 4) 2026 amends 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 gap in the recognition of non-warlike service operations prior to 2000, which were previously only covered under the Veterans’ Entitlements (Non-warlike Service) Determination 2019. The objective of this Determination is to incorporate these operations into the Principal Determination, ensuring consistency and fairness in compensation claims for Australian Defence Force (ADF) members injured or affected by disease during such operations. The changes are a result of the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025, which seeks to streamline and harmonise the processing of compensation claims under the Act. The determination was made by the Defence Minister and is subject to the Acts Interpretation Act 1901 and the Legislation Act 2003, ensuring it is exempt from disallowance and sunsetting.

Scope and Application

The Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 4) 2026 amends the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2019 to incorporate 16 non-warlike operations that were previously covered under the Veterans’ Entitlements (Non-warlike Service) Determination 2019. This amendment is in line with the changes made by the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025, which aims to unify the processing of all future compensation claims under the Military Rehabilitation and Compensation Act 2004, regardless of when the Australian Defence Force (ADF) member served. This Determination applies to ADF members who have been injured or contracted a disease during non-warlike operations prior to 2004, ensuring they receive a more beneficial standard of proof and potentially higher compensation amounts. The amendment applies across the Commonwealth and is retrospective to protect the rights of affected ADF members or their legal personal representatives. The Department of Veterans’ Affairs supports these amendments, which are designed to simplify and harmonise the legislative framework for military rehabilitation and compensation.

Key Provisions

The main operative sections of this Determination, particularly under Section 4, allow for the amendment or repeal of specified Determinations related to non-warlike service, as outlined in the Schedule. These amendments incorporate 16 non-warlike operations into the Principal Determination, ensuring that veterans who served in these operations can benefit from the more favourable compensation standards established by the Act. This includes operations such as the Berlin Airlift, Operation Banner, and others listed in Schedule 1, which were previously only covered under the Veterans' Entitlements (Non-warlike Service) Determination 2019. The obligations imposed by this Act require the Military Rehabilitation and Compensation Commission to apply a more beneficial standard of proof when assessing claims for veterans who served in the newly included non-warlike operations. This means that veterans who were injured or contracted a disease during these operations will be entitled to greater compensation amounts compared to those who served in peacetime. Additionally, the Act mandates that the Commission ensure these amendments do not adversely affect any existing rights or liabilities of persons other than the Commonwealth. There are no specific offences, penalties, or civil/criminal consequences outlined in this Determination for breach. However, the Determination does provide a framework for retrospective application, ensuring that veterans or their representatives are not disadvantaged if they are claiming for death, injury, or disease related to their service during the specified operations. This is achieved by ensuring that the historical dates of the operations do not negatively impact the rights of individuals other than the Commonwealth. The primary focus of this Determination is to streamline the compensation process and provide equitable treatment for veterans who served in non-warlike operations.

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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.