EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 1) 2026
This Determination amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019 (the Principal Determination) made under paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004 (the Act). Paragraph 6(1)(a) of the Act defines 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 warlike service.
A determination of warlike service requires the Military Rehabilitation and Compensation Commission to apply a more beneficial standard of proof when assessing a claim for liability of a veteran’s injury, disease or death in relation to a period of warlike service. This beneficial standard of proof reflects an understanding of the unique nature of military service and the risks associated with service on warlike and non-warlike operations. Similarly, an assessment of permanent impairment and the calculation of compensation payable to a member involves determining a compensation factor for an impairment and lifestyle rating whereby a service differential applies. The outcomes in terms of compensation will be more beneficial for ADF members who are injured or contract a disease that relates to warlike service and will mean greater compensation amounts will be payable compared to those members who were injured on peacetime service. A veteran with warlike service will, subject to income and assets tests, be eligible for the Service Pension at age 60, which is earlier than Age pension age. A veteran with warlike service will be eligible for the Service Pension at any age if permanently incapacitated for work. The warlike service classification also renders a veteran automatically eligible for receipt of the Department of Veterans’ Affairs (DVA) Veteran Gold Card at age 70. In recognition of the unquantifiable effects of combat, the Veteran Gold Card provides treatment for any medical condition on the Medicare Benefits Schedule, irrespective of the link to military service. A veteran in receipt of the Service Pension, and with a permanent impairment from accepted conditions assessed at 30 points or above, is also eligible for the Veteran Gold Card regardless of age.
This Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is exempt from disallowance pursuant to item 21 in Section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 (the Regulations) and is also exempt from sunsetting pursuant to item 39 in section 12 of the Regulations.
The purpose of this Determination is to insert the new operation of Operation HYDRANTH.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on the day after registration.
Section 3 identifies that this Determination has authority under paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Warlike Service
Item 1 inserts a new table item into the table in section 1 of Schedule 1 of the Principal Determination. The new table item 19 identifies Operation HYDRANTH as an operation on and after 11 April 2025 for the purposes of the Principal Determination. This operation supports the defensive actions of the United States and United Kingdom in targeting the Houthi rebel attacks in the Red Sea.
Consultation
The Department of Veterans' Affairs was consulted during the classification 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.
The rule maker was satisfied that further external consultation was not required.
Authority: Paragraph 6(1)(a) of the
Military Rehabilitation and
Compensation Act 2004
Overview
The Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 1) 2026 was enacted to amend the Military Rehabilitation and Compensation (Warlike Service) Determination 2019 under paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004. This amendment addresses the need to classify new military operations as warlike service to ensure that veterans who are injured or contract diseases during these operations receive more favourable treatment under the Act. The Act aims to provide a more beneficial standard of proof and compensation for veterans who serve in warlike operations, recognising the unique risks associated with such service. The determination was made by the relevant authority and exempt from disallowance and sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015. The policy objective of this amendment is to include Operation HYDRANTH, which began on 11 April 2025, as a warlike operation, thus extending the benefits and protections to veterans involved in this operation.
Scope and Application
The Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 1) 2026 amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019, which was made under the Military Rehabilitation and Compensation Act 2004. The Act applies to individuals who have served with the Australian Defence Force (ADF) in operations classified as warlike service, which the Defence Minister determines in writing. The amendment specifically recognises Operation HYDRANTH, occurring on and after 11 April 2025, as warlike service. This recognition is significant as it influences the standard of proof in claims for veterans' injuries, diseases, or deaths linked to such operations, ensuring a more beneficial assessment for those affected. Additionally, it impacts compensation eligibility and the age at which veterans can access the Service Pension, providing enhanced benefits compared to peacetime service. The scope of this Amendment Determination is limited to the Commonwealth of Australia, affecting ADF members and veterans who have participated in designated warlike operations. The exemption from disallowance and sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015 ensures the stability of these provisions, safeguarding the rights and benefits of veterans classified under this Determination.
Key Provisions
This Determination amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019, modifying the classification of warlike service for certain military operations. Section 3 of the Determination specifies that it operates under the authority granted by paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004. Section 4 outlines that the amendments are to be applied to the specified instruments as detailed in Schedule 1. In particular, Schedule 1 adds Operation HYDRANTH, commencing on and after 11 April 2025, to the list of warlike operations. This operation pertains to the defensive actions supporting the United States and the United Kingdom against Houthi rebel attacks in the Red Sea.
The obligations imposed by this Amendment Determination are primarily on the Military Rehabilitation and Compensation Commission, which must apply a more beneficial standard of proof when assessing claims for warlike service-related injuries, diseases, or deaths. This includes the assessment of permanent impairment and the calculation of compensation, where a service differential applies. Furthermore, this Determination mandates that veterans with warlike service, subject to certain conditions, are eligible for the Service Pension at age 60, earlier than the Age Pension age. It also provides eligibility for the Service Pension at any age if a veteran is permanently incapacitated for work. Additionally, warlike service automatically qualifies a veteran for the Department of Veterans’ Affairs (DVA) Veteran Gold Card at age 70, granting them access to treatment for any medical condition on the Medicare Benefits Schedule, regardless of its link to military service. Veterans receiving the Service Pension with a permanent impairment of 30 points or more are also eligible for the Veteran Gold Card irrespective of age.
The Determination does not explicitly state any new offences, penalties, or consequences for breach within its text. However, the application of warlike service classification impacts the eligibility and benefits for compensation and pensions under the Military Rehabilitation and Compensation Act 2004. Misclassification or improper application of the warlike service criteria could potentially lead to disputes or challenges in the eligibility for benefits. The Department of Veterans' Affairs has been consulted during the classification process, and it is noted that these decisions do not impact business or competition. The rule maker has determined that further external consultation was not necessary.