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
Overview
The Military Rehabilitation and Compensation (Non-warlike service) Determination 2006 was enacted to address the need for updating the list of operations classified as non-warlike service under the Military Rehabilitation and Compensation Act 2004. This determination was made under the authority of the Defence Minister, who has the power to define non-warlike service as outlined in the Act. The primary objective of this instrument is to replace the previous Military Rehabilitation and Compensation (Non-warlike service) Determination 2005 with an updated list that includes an additional operation: the Australian Defence Force stabilisation operation in support of the Government of East Timor, referred to as OPERATION ASTUTE. This legislative instrument ensures that service in OPERATION ASTUTE is recognised as non-warlike service for the purposes of the Act, thereby providing appropriate compensation and rehabilitation for Defence Force members involved in such operations. The Determination came into effect on 12 May 2006, the same day members of the Australian Defence Force began their non-warlike service in OPERATION ASTUTE, and it was designed to be retrospectively applicable to prevent any member from being disadvantaged in claims for death, injury, or disease occurring prior to its registration.
Scope and Application
The Military Rehabilitation and Compensation (Non-warlike service) Determination 2006 applies to members of the Australian Defence Force who are engaged in specified operations deemed non-warlike for the purposes of the Military Rehabilitation and Compensation Act 2004. This Determination revokes and replaces the 2005 instrument, adding a tenth operation to the list of non-warlike service activities, specifically the Australian Defence Force stabilisation operation in support of the Government of East Timor, known as OPERATION ASTUTE. The Determination ensures that service in these operations qualifies for the benefits outlined in the Act, specifically regarding rehabilitation and compensation for injuries or diseases incurred during service. The Determination applies nationally, with its reach extending to all members of the ADF participating in the listed operations.
The Determination is effective from 12 May 2006, with retrospective application to cover any incidents occurring from the commencement of the operation up until the date of registration. This ensures that ADF members are not disadvantaged in their claims for injuries or diseases that occurred before the Determination was officially registered. Notably, the Determination does not adversely affect the rights of any persons other than the Commonwealth nor does it impose liabilities on any entities other than the Commonwealth in respect of actions taken prior to its registration. The Determination is exempt from disallowance and sunsetting provisions as specified in the Legislative Instruments Regulations 2005.
Key Provisions
The Military Rehabilitation and Compensation (Non-warlike service) Determination 2006 provides that service in certain operations is classified as non-warlike service under the Military Rehabilitation and Compensation Act 2004. The main sections of the Determination include the revocation of the 2005 version (Clause 2) and the establishment of the 2006 version (Clause 3), which came into effect on 12 May 2006. Clause 4 specifies that service in operations listed in Schedule 1 is considered non-warlike service. The Determination also clarifies that the classification applies retroactively to ensure that members of the Australian Defence Force (ADF) are not disadvantaged when claiming for injuries or diseases that occurred before the registration date of the Determination.
The obligations imposed by the Determination on parties include ensuring that ADF members who were involved in the specified operations are aware of their rights under the Act. This includes recognising that their service is classified as non-warlike, which can impact their eligibility for rehabilitation and compensation. The Defence Force must also ensure that relevant records are updated to reflect this classification, and that appropriate support and benefits are provided to affected members.
Breaches of the provisions in this Determination could result in civil or criminal consequences, although specific offences and penalties are not outlined in the text. The Determination is designed to protect the rights of ADF members, and any failure to comply with its requirements could be subject to review under the Military Rehabilitation and Compensation Act 2004. The retrospective application ensures that no member is disadvantaged in their claims, and the Determination is exempt from disallowance and sunsetting under the Legislative Instruments Regulations 2005.