EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2
This Determination revokes and replaces the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006 (the 2006 Determination), 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 Australian Defence Force (ADF) 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 ten operations referred to in the 2006 Determination and to add an eleventh operation which determines that service with the ADF in the Middle East in support of the Australian whole-of-Government response to the crisis in Lebanon, on OPERATION RAMP, 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 2006 Determination and provides that this Determination replaces that earlier instrument.
Clause 3 of this Determination provides that the Determination is taken to have commenced on 20 July 2006, the day that members of the ADF begin non-warlike service in OPERATION RAMP.
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 11, which specifies the ADF mission in Lebanon, OPERATION RAMP as an operation; service on it is therefore non-warlike service under the Act.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is taken to have commenced on 20 July 2006.
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 exempt from disallowance pursuant to Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to Schedule 3 of the Regulations.
Consultation was considered inappropriate and unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF.
Authority: Paragraph 6 (1) (b) of the Military Rehabilitation and Compensation Act 2004