EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Determination 2009/3
This Determination revokes and replaces the Military Rehabilitation and Compensation (Warlike Service) Determination 2009/2 ("the 2009/2 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 for the purposes of the Act.
The purpose of this Determination is to replace the existing list of six operations referred to in the 2009/2 Determination, by adding an end date to Operation SLIPPER with its current area of operations (item 3) and adding a new Operation SLIPPER with an amended area of operations (item 7). The reference to the other operations in the 2009/2 Determination remain unchanged.
Clause 1 of this Determination sets out the manner in which this Determination may be cited.
Clause 2 of this Determination revokes the 2009/2 Determination and provides that this Determination replaces that earlier instrument.
Clause 3 of this Determination provides that the Determination commences on 31 July 2009, the day that members of the ADF were first approved to deploy on warlike service on Operation SLIPPER in the amended area of operations.
Clause 4 specifies that service in an operation described in Schedule 1 is warlike service for the purposes of paragraph 6(1) (a) of the Act.
The schedule is amended by the insertion of an end date for item 3 and the addition of item 7, which specifies the ADF contribution to the International Coalition against Terrorism, Operation SLIPPER as an operation with an amended area of operations; service on it is therefore warlike service under the Act.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and is taken to have commenced on 31 July 2009.
The retrospective commencement date is required to ensure no ADF member is disadvantaged if claiming for death, injury or disease that occurred between the period when they commenced duty on the operation and the date that this instrument is registered. The retrospective application of the 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 is registered.
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.
Consultation was considered unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF.
Authority: Paragraph 6(1) (a) of the Military Rehabilitation and Compensation Act 2004