EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Non-warlike service) Determination 2006
This Determination revokes and replaces the Military Rehabilitation and Compensation (Non-warlike service) Determination 2005, 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 non-warlike service for the purposes of the Act.
The purpose of this Determination is to replace the existing list of nine operations referred to in the earlier 2005 instrument and to add a tenth operation which determines that service with the Australian Defence Force stabilisation operation in support of the Government of East Timor, on OPERATION ASTUTE, 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 2005 and provides that this Determination replaces that earlier instrument.
Clause 3 of this Determination provides that the Determination commences on 12 May 2006, the day that members of the Australian Defence Force (ADF) begin non-warlike service in OPERATION ASTUTE.
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 10, which specifies the Australian Defence Force mission in East Timor, OPERATION ASTUTE 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 became effective on 12 May 2006.
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