EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 2) 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 make the following changes:
- To amend the period of operation for Operation STEADFAST;
- To insert the new operation of Operation INHERENT RESOLVE.
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 amendments
Item 1 omits and substitutes the period at table item 17 at section 1 of Schedule 1 of the Principle Determination to end the determined period of operation for Operation STEADFAST on 31 December 2025.
Item 2 inserts a new item 20 into the table at section 1 of Schedule 1 of the Principal Determination which provides that from 13 February 2025 service in support of US operations against ISIS is a warlike operation for the purposes of the definition of warlike service in paragraph 6(1)(a) of the Act.
Consultation
The Department of Veterans’ Affairs were consulted and support the amendments made by this Determination.
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. 2) 2026 is an amendment to the Military Rehabilitation and Compensation (Warlike Service) Determination 2019, made under the authority of paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004. Enacted by the Parliament of Australia, this Determination seeks to address the need to accurately define periods of warlike service for the purposes of determining eligibility for military rehabilitation and compensation benefits. It responds to the evolving nature of military operations and ensures that veterans receive appropriate recognition and support. The policy objective is to ensure that veterans who have served in warlike operations receive a more beneficial standard of proof in claims for injury, disease, or death, and to provide them with timely access to compensation and pension benefits.
This Amendment Determination, exempt from disallowance and sunsetting as per the Legislation (Exemptions and Other Matters) Regulation 2015, specifically amends the period of operation for Operation STEADFAST, ending it on 31 December 2025, and introduces a new operation, Operation INHERENT RESOLVE, recognising service in support of US operations against ISIS from 13 February 2025 as warlike service. These changes aim to align the legal framework with current military operations, ensuring that veterans receive the benefits they are entitled to under the law. The Department of Veterans’ Affairs has been consulted and supports these amendments.
Scope and Application
The Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 2) 2026 amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019, which is made under the Military Rehabilitation and Compensation Act 2004. This legislation applies to veterans who have participated in warlike service with the Australian Defence Force, as defined in writing by the Defence Minister. The amendment specifically affects the determination of warlike service in relation to the periods of operation for Operation STEADFAST and the introduction of Operation INHERENT RESOLVE. The determination impacts the eligibility and compensation benefits for veterans, including more favourable standards of proof for claims related to warlike service, greater compensation amounts for injuries or diseases linked to such service, and earlier eligibility for the Service Pension. Additionally, veterans with warlike service are automatically eligible for the Department of Veterans' Affairs Veteran Gold Card at age 70, which provides access to Medicare benefits for any medical condition. This Determination is a legislative instrument exempt from disallowance and sunsetting, ensuring its continued application as specified.
Key Provisions
The Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 2) 2026 amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019 (section 3). It modifies the period of operation for Operation STEADFAST to end on 31 December 2025 (Schedule 1, Item 1) and adds a new operation, Operation INHERENT RESOLVE, which is defined as service in support of US operations against ISIS from 13 February 2025 (Schedule 1, Item 2). The new operation is classified as warlike service under the Military Rehabilitation and Compensation Act 2004 (section 6(1)(a)). The Determination also sets out the manner in which it may be cited (section 1) and specifies that it commences on the day after registration (section 2). Additionally, it details how specified instruments are amended or repealed as per the Schedules (section 4).
The Determination imposes several obligations on parties and entities it governs. It requires the Military Rehabilitation and Compensation Commission to apply a more beneficial standard of proof when assessing claims related to warlike service, which reflects the unique nature and risks of military service (Explanatory Statement). This beneficial standard of proof influences the assessment of permanent impairment and the calculation of compensation payable to ADF members injured or who contract diseases related to warlike service. The compensation amounts for veterans with warlike service are higher compared to those injured during peacetime service. Furthermore, the Determination stipulates that veterans with warlike service are eligible for the Service Pension at age 60, or at any age if they are permanently incapacitated for work, and automatically qualify for the Department of Veterans’ Affairs Veteran Gold Card at age 70. Veterans in receipt of the Service Pension with a permanent impairment assessed at 30 points or above are also eligible for the Veteran Gold Card regardless of age.
Failure to comply with the provisions of this Determination can result in various consequences. While the Explanatory Statement does not specify criminal offences or civil penalties, the Determination is a legislative instrument exempt from disallowance and sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015 (section 10, item 21 and section 12, item 39). The consequences of non-compliance could potentially include legal challenges or administrative actions under the Military Rehabilitation and Compensation Act 2004. The Determination is supported by the Department of Veterans’ Affairs, and the rule maker determined that further external consultation was not necessary. The authority for this Determination is derived from paragraph 6(1)(a) of the Military Rehabilitation and Compensation Act 2004.