EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Non-warlike Service)
Determination 2011 (No. 1)
This Determination revokes and replaces previous determinations made under paragraph 6 (1) (b) of the Military Rehabilitation and Compensation Act 2004 (the Act). Paragraph 6 (1) (b) defines non-warlike service as meaning service with the Australian Defence Force (the 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 detail the fifteen operations which are considered to be non-warlike under the auspices of the Act.
Clause 1 sets out the manner in which the Determination may be cited.
Clause 2 provides that the Determination commences on the day after it is registered.
Clause 3 revokes the Military Rehabilitation and Compensation Determination (Non-warlike Service) 2008/1.
Clause 4 makes clear the definition of an acronym used throughout the Determination.
Clause 5 specifies that service in an operation described in Schedule 1 is non-warlike for the purposes of paragraph 6 (1) (b) of the Act.
Schedule 1 is amended by:
- The inclusion of an end date for Item 6, Operation PALADIN.
- Inserting a new Item 7 that describes an amended area of operations for a specified period.
- Inserting a new Item 8 that provides a new commencement date for the previously described area of operations.
- Item numbers for previously recognised operations from Military Rehabilitation and Compensation Determination (Non-warlike Service) 2008/1 have been renumbered to reflect the inclusion of new Items 7 and 8.
These amendment recognises Operation PALADIN, in the described area of operation for the specified period, as non-warlike for the purposes of paragraph 6(1)(a) of the Act.
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 commences.
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.
The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were consulted during the reclassification process. It is noted that decisions about the nature of service are subject to bipartisan consultation through Government and do not impact business or competition.
Authority: Paragraph 6 (1) (b) of the
Military Rehabilitation and Compensation Act 2004