EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Non-warlike Service) Determination 2007/2
For the avoidance of doubt, this Determination does not affect the operation of the previous Military Rehabilitation and Compensation (Non-warlike Service) Determination 2007/1, made under paragraph 6(1)(b) of the Military Rehabilitation and Compensation Act 2004 (the Act).
This Determination revokes and replaces the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2 (the 2006/2 Determination), made under paragraph 6 (1) (b) of 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 eleven operations referred to in the 2006/2 Determination and to add a twelfth operation which determines that service with the ADF in support of the ADF mission in Fiji, on Operation QUICKSTEP, is non-warlike service for the purpose of the Act. The reference to the other operations in the 2006/2 Determination 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 2006/2 Determination and provides that this Determination replaces that earlier instrument and confirms that the operation of the previous Military Rehabilitation and Compensation (non-warlike service) Determination 2007/1 is not affected by this Determination.
Clause 3 of this Determination provides that the Determination commences on 31 October 2006, the day that members of the ADF began non-warlike service in Operation QUICKSTEP.
Clause 4 specifies that service in the ADF mission in Fiji, Operation QUICKSTEP, is non-warlike service under the Act.
The Schedule is amended by the addition of item 12, which specifies the ADF mission in Fiji, Operation QUICKSTEP as an operation; service on it is therefore non-warlike service under the Act. An end date column has also been inserted.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and is taken to have commenced on 31 October 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 item 6A of Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to item 3A of Schedule 3 of the Regulations.
Consultation was considered 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 2007/2 was enacted in 2007 to address the need to update the list of non-warlike service operations for the purposes of the Military Rehabilitation and Compensation Act 2004. This Determination was made under the authority of the Australian Government and specifically under paragraph 6(1)(b) of the Act. Its primary objective is to provide clarity and ensure that members of the Australian Defence Force (ADF) who serve in non-warlike operations receive appropriate rehabilitation and compensation. The Determination revokes and replaces the previous Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2, adding a twelfth operation concerning ADF service in support of the ADF mission in Fiji, known as Operation QUICKSTEP, as a non-warlike service operation. This legislative instrument is designed to ensure that ADF members are not disadvantaged in their claims for death, injury, or disease incurred during the period between their commencement of duty and the registration of the instrument.
Scope and Application
The Military Rehabilitation and Compensation (Non-warlike Service) Determination 2007/2 applies to service members of the Australian Defence Force (ADF) engaged in operations deemed non-warlike under the Military Rehabilitation and Compensation Act 2004. This determination specifically addresses the classification of certain military operations as non-warlike, thus impacting the eligibility for compensation for injuries or diseases sustained during these operations. The scope extends to replacing and augmenting the list of operations specified in the 2006/2 Determination, adding the ADF mission in Fiji, Operation QUICKSTEP, to the list of non-warlike operations. The Determination is national in reach, applying across Australia and affecting all ADF members involved in the listed operations. Notably, the instrument exempts itself from disallowance and sunsetting provisions, ensuring its continued application unless otherwise altered by legislative action. The Determination's retrospective commencement aims to protect ADF members from disadvantage in their claims for injuries or diseases incurred before the Determination's official registration date.
Key Provisions
The main operative sections of this Determination (Clauses 2 to 4) revoke and replace the Military Rehabilitation and Compensation (Non-warlike Service) Determination 2006/2, while confirming that the operation of the previous Military Rehabilitation and Compensation (Non-warlike Service) Determination 2007/1 is unaffected (Clause 2). The Determination also specifies that service in the ADF mission in Fiji, Operation QUICKSTEP, is non-warlike service under the Military Rehabilitation and Compensation Act 2004 (Clause 4). The Schedule is amended by the addition of item 12, which specifies the ADF mission in Fiji, Operation QUICKSTEP, as an operation; service on it is therefore non-warlike service under the Act (Clause 4).
The obligations and requirements the Act imposes on the parties or entities it governs include the requirement that the Defence Minister determines in writing what constitutes non-warlike service with the Australian Defence Force (ADF) for the purposes of the Act. The Act also requires that any Determination regarding non-warlike service must be in writing and must specify the operations that are considered non-warlike service. This Determination replaces the previous list of operations and adds a twelfth operation, which is service with the ADF in support of the ADF mission in Fiji, on Operation QUICKSTEP. The Determination also specifies that it commences on 31 October 2006, the day that members of the ADF began non-warlike service in Operation QUICKSTEP, and is exempt from disallowance and sunsetting.
Any offences, penalties, or civil/criminal consequences for breach are not explicitly stated in this Determination. However, it is implied that failure to comply with the requirements of the Act and this Determination may result in legal consequences, such as the denial of compensation or other benefits to which an ADF member or their dependents may be entitled. The maximum penalties for offences under the Military Rehabilitation and Compensation Act 2004 are not specified in this Determination, but may include fines, imprisonment, or both, depending on the nature and severity of the offence. It is important to note that 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.
Overall, this Determination is a legislative instrument that updates and replaces the previous list of operations considered non-warlike service with the ADF, and adds a twelfth operation, which is service in the ADF mission in Fiji, Operation QUICKSTEP. The Determination imposes obligations and requirements on the Defence Minister and ADF members, and failure to comply with these requirements may result in legal consequences. However, the specific penalties for offences under the Act are not stated in this Determination.