Military Rehabilitation and Compensation (Warlike Service) Determination 2009/1

Overview

The Military Rehabilitation and Compensation (Warlike Service) Determination 2009, enacted under the authority of the Military Rehabilitation and Compensation Act 2004, serves to update the definition of warlike service by adding Operation KRUGER, the ADF mission in Iraq, to the list of operations considered as such under the Act. This Determination was introduced to address the gap in the existing list of warlike operations, ensuring that ADF members deployed on Operation KRUGER are recognised for their service under the Act. Made by the relevant authority pursuant to the legislative instruments, this Determination revokes the previous 2005 Determination and provides a clear and updated list of warlike operations for the purposes of military rehabilitation and compensation. The policy objective is to ensure that ADF members are appropriately compensated for injuries, diseases, or death occurring during their service on recognised warlike operations.

Scope and Application

The Military Rehabilitation and Compensation (Warlike Service) Determination 2009 is a legislative instrument made under the Military Rehabilitation and Compensation Act 2004, which defines what constitutes warlike service for the purposes of the Act. This Determination revokes and replaces the 2005 Determination to update the list of operations considered warlike service, incorporating Operation KRUGER, the ADF mission in Iraq, into the list. The Determination applies to ADF members who serve in the specified operations, including those who may have been deployed prior to the Determination's official registration date, ensuring they are not disadvantaged in claims for death, injury, or disease resulting from their service. The geographic scope of this Determination is limited to ADF operations specified within the schedule, extending the application of the Act to cover ADF members involved in these operations. The Determination is exempt from disallowance and sunsetting provisions, ensuring its continued application without the need for periodic review or parliamentary approval. This legislative instrument, taking effect on 3 October 2008, ensures ADF members' eligibility for military rehabilitation and compensation under the Act for service in designated warlike operations.

Key Provisions

The Military Rehabilitation and Compensation (Warlike Service) Determination 2009 (F2009L00725) amends the definition of warlike service by adding a new operation, Operation KRUGER, to the list of operations considered as such under the Military Rehabilitation and Compensation Act 2004 (the Act). Specifically, Clause 4 of the Determination specifies that service in an operation described in Schedule 1 is warlike service for the purposes of paragraph 6(1)(a) of the Act. This means that ADF members who serve in Operation KRUGER, which is now listed in the Schedule, are eligible for the benefits provided under the Act. This determination replaces the Military Rehabilitation and Compensation (Warlike Service) Determination 2005, which had previously defined warlike service based on four specific operations. The parties and entities governed by this Determination, primarily ADF members, now have the added benefit of having their service in Operation KRUGER recognised as warlike service. This recognition allows them to claim for injuries or diseases incurred during the operation under the provisions of the Act, which include rehabilitation and compensation for warlike service-related injuries or diseases. This expanded definition ensures that ADF members who serve in Operation KRUGER are not left without the protections and benefits afforded to those serving in other warlike operations. There are no specific offences or penalties outlined in the Determination itself, as these would be governed by the overarching Military Rehabilitation and Compensation Act 2004. However, any breaches of the Act's provisions or fraudulent claims for compensation could result in civil or criminal consequences. The Act provides for various penalties, including fines and imprisonment, for those found guilty of offences related to fraudulent claims. The maximum penalties would depend on the specific nature and severity of the offence under the Act. This Determination also includes a retrospective commencement date of 3 October 2008, ensuring that ADF members are not disadvantaged if they incurred death, injury, or disease between the commencement of their duty on Operation KRUGER and the date the Determination was registered. This retroactive application ensures that all eligible claims are covered, but it does not affect the rights of any persons other than the Commonwealth or impose liabilities on anyone other than the Commonwealth in respect of actions taken before the Determination was registered. Additionally, the Determination is exempt from disallowance and sunsetting provisions, ensuring its continued applicability without the need for legislative review or renewal.