EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Warlike Service) Determination 2011 (No. 1)
This Determination revokes and replaces all previous determinations 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 amend the existing list of seven operations referred to in Determination 2010/1, by adding a new operation, Operation PALADIN. The references to the other operations in this Determination are identical to those set out previously in Determination 2010/1.
Clause 1 sets out the manner in which this Determination may be cited.
Clause 2 provides that the Determination commences on the day after it is registered.
Clause 3 revokes all previous determinations made under paragraph 6 (1) (a) of the Act.
Clause 4 of makes clear the definition of certain words and acronyms used throughout the determination.
Clause 5 specifies that service in an operation described in Schedule 1 is warlike service for the purposes of paragraph 6(1) (a) of the Act.
Schedule 1 includes a new Item 8, Operation PALADIN. This amendment recognises Operation PALADIN, in the described area of operation for the specified period, as warlike for the purposes of paragraph 6(1)(a) of the Act.
This 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 this Determination commences.
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.
The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were consulted during the reclassification 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.
Authority: Paragraph 6(1) (a) of the Military Rehabilitation and Compensation Act 2004