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
Overview
The Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2 was enacted in 2006 under the Military Rehabilitation and Compensation Act 2004. This Determination was introduced to address the need for updating the list of operations that are considered non-warlike service for the purposes of the Act, ensuring that members of the Australian Defence Force (ADF) receive appropriate compensation for injuries or diseases sustained during non-combat operations. The enacting body for this Determination is the Defence Minister, who, under the Act, has the authority to determine which ADF services are classified as non-warlike. The policy objective of this Determination is to ensure that ADF personnel involved in specific operations receive the necessary support and compensation, thereby recognising the risks and sacrifices associated with non-warlike service.
Scope and Application
The Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2 applies to the Australian Defence Force (ADF) personnel who are engaged in non-warlike service, as defined under the Military Rehabilitation and Compensation Act 2004. This Determination specifies certain operations as non-warlike service, thereby affecting eligibility for rehabilitation and compensation under the Act. The Determination encompasses a total of eleven operations, including the ADF mission in Lebanon, referred to as OPERATION RAMP, which has been added to the list, replacing and updating the 2006 Determination. This legislative instrument has a Commonwealth jurisdictional reach, applying nationally to ADF personnel involved in these specified operations. The retroactive commencement date ensures that ADF members are not disadvantaged in their claims for death, injury, or disease occurring prior to the registration of this Determination. The Determination is exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003 and related regulations, and it does not adversely affect the rights or impose liabilities on persons other than the Commonwealth.
Key Provisions
The Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2 (Determination) operates under the authority of the Military Rehabilitation and Compensation Act 2004 (Act). Clause 2 of the Determination revokes the previous Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006 and establishes that this new Determination replaces the former instrument. Clause 3 specifies that the Determination is taken to have commenced on 20 July 2006, the date on which ADF members began their non-warlike service in Operation RAMP. Clause 4 of the Determination designates that service in an operation listed in Schedule 1 is classified as non-warlike service for the purposes of the Act.
The Determination imposes obligations on parties involved by specifically defining non-warlike service in relation to operations listed in Schedule 1. By amending Schedule 1 to include the ADF mission in Lebanon, Operation RAMP, the Determination ensures that service on this operation is recognised as non-warlike service under the Act. This classification is crucial for ADF members who may seek compensation for injuries, diseases, or fatalities sustained during such service. The Determination also ensures that ADF members are not disadvantaged by the timing of the registration of this legislative instrument, by applying it retrospectively from the commencement date.
In terms of consequences for breaches, the Determination does not explicitly outline specific offences, penalties, or consequences for non-compliance. However, it is made under the authority of the Act, which governs the eligibility and provisions for military rehabilitation and compensation. Given the nature of the Determination, non-compliance or disputes regarding the classification of service as non-warlike could potentially be addressed under the Act's provisions, although specific penalties are not detailed in the Determination itself. The retrospective application of this Determination does not disadvantage any persons other than the Commonwealth nor does it impose liabilities other than on the Commonwealth for actions taken before the Determination was registered.