EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Non-warlike service) Determination 2005
This Determination revokes and replaces the Military Rehabilitation and Compensation (Non-warlike service) Determination 2004, made under paragraph 6 (1) (b) of the Military Rehabilitation and Compensation Act 2004 (the Act). 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 nonwarlike service for the purposes of the Act.
The purpose of this Determination is to replace the existing list of eight operations referred to in the earlier 2004 instrument and to add a ninth operation which determines that service with the United Nations Mission in Sudan, on OPERATION AZURE, is non-warlike service for the purpose of the Act. The other operations referred to in the earlier instrument remain unchanged.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination revokes the Military Rehabilitation and Compensation (Non-warlike service) Determination 2004 and provides that this Determination replaces that earlier instrument.
Clause 3 of this Determination provides that the Determination commences on 10 April 2005, the day that members of the Australian Defence Force (ADF) begin non-warlike service in OPERATION AZURE.
Clause 4 specifies that service in an operation described in Schedule 1 is non-warlike service, for the purposes of paragraph 6 (1) (b) of the Act.
Schedule 1 is amended by the addition of item 9, which specifies the United Nations Mission in Sudan, OPERATION AZURE as an operation; service on it is therefore non-warlike service under the Act.
The retrospective commencement date is required to ensure no ADF member is disadvantaged if claiming for death, injury or disease that occurred between the period when they commenced duty on the operation and the date that this instrument is registered. The retrospective application of this Determination does not affect the rights of any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date the Determination is registered.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commences operation upon registration on the Federal Register of Legislative Instruments.
This Determination is exempt from disallowance pursuant to item 6A of Schedule 2 of the Legislative Instruments Regulations 2005 (the Regulations) and is also exempt from sunsetting pursuant to item 3A of Schedule 3 of the Regulations.
Authority: Paragraph 6 (1) (b) of the Military Rehabilitation and Compensation Act 2004