EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 3) 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 include a new warlike operation.
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 inserts a new item 21 into the table at section 1 of Schedule 1 of the Principal Determination which provides that from 10 March 2026 service in support of the self-defence of the United Arab Emirates 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. 3) 2026, enacted by the Parliament of Australia, amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019 to include a new warlike operation under the Military Rehabilitation and Compensation Act 2004. This amendment addresses the need to recognise specific military operations as warlike service, thereby affecting the standards of proof and compensation for veterans. By incorporating service in support of the self-defence of the United Arab Emirates as a warlike operation from 10 March 2026, the Determination ensures that affected veterans receive more favourable conditions for assessing claims and compensation, reflecting the inherent risks of such service. The policy objective is to provide enhanced support and recognition to veterans who have served in designated warlike operations, aligning with the broader aim of the Act to provide appropriate rehabilitation and compensation for members of the Australian Defence Force.
Scope and Application
The Military Rehabilitation and Compensation (Warlike Service) Amendment Determination (No. 3) 2026 amends the Military Rehabilitation and Compensation (Warlike Service) Determination 2019, clarifying the scope of warlike service for the purposes of the Military Rehabilitation and Compensation Act 2004. This Amendment Determination applies to persons who are current or former members of the Australian Defence Force who have been engaged in warlike operations as defined in the Act. The Amendment Determination alters the definition of warlike service to include, from 10 March 2026, service in support of the self-defence of the United Arab Emirates. This Amendment Determination is a legislative instrument under the Legislation Act 2003, exempt from disallowance and sunsetting as per the Legislation (Exemptions and Other Matters) Regulation 2015. The amendment is made in recognition of the risks and unique nature of military service, ensuring that veterans who have served in the newly classified warlike operation will receive more favourable treatment in terms of compensation, pension eligibility, and healthcare benefits.
Key Provisions
This Amendment Determination introduces key changes to the definition of warlike service under the Military Rehabilitation and Compensation (Warlike Service) Determination 2019. Specifically, section 4 of this Determination amends Schedule 1 of the Principal Determination by adding a new item 21 (paragraph 1). This new addition recognises service in support of the self-defence of the United Arab Emirates, from 10 March 2026, as a warlike operation (paragraph 4). This amendment ensures that Australian Defence Force members who serve in this capacity will be eligible for the benefits associated with warlike service, including more favourable standards of proof for claims, greater compensation amounts, and eligibility for the Service Pension at age 60 or at any age if they are permanently incapacitated for work. Additionally, such veterans will automatically be eligible for the Department of Veterans’ Affairs Veteran Gold Card at age 70, which covers treatment for any medical condition on the Medicare Benefits Schedule.
The Amendment Determination imposes obligations on the Military Rehabilitation and Compensation Commission to apply the more beneficial standard of proof when assessing claims for liability of a veteran's injury, disease, or death in relation to a period of warlike service. It also requires the Commission to determine a compensation factor for an impairment and lifestyle rating, applying a service differential to calculate compensation payable to a member. Additionally, the Department of Veterans’ Affairs must ensure that veterans who meet the criteria for warlike service are provided with the appropriate benefits, including the Service Pension and the Veteran Gold Card. This includes administering the income and assets tests for eligibility for the Service Pension and verifying the conditions for permanent impairment that qualify a veteran for the Gold Card.
Failure to comply with the provisions of this Amendment Determination could result in veterans not receiving the benefits to which they are entitled under the Military Rehabilitation and Compensation Act 2004. Breaches of the obligations imposed by this Determination could lead to civil consequences for the Military Rehabilitation and Compensation Commission and the Department of Veterans’ Affairs, including potential liability for compensation to affected veterans. While the Amendment Determination itself does not specify criminal offences or penalties, breaches of the underlying Act or other related legislation could result in fines or imprisonment, depending on the nature and severity of the breach. The maximum penalties for offences under the Military Rehabilitation and Compensation Act 2004 can be substantial, reflecting the seriousness of failing to properly administer compensation and rehabilitation benefits to veterans.