EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Hazardous Service – Those international waters, contiguous ports and waters used for international navigation contained with the Arabian Gulf, the Gulf of Oman and the Northern Arabian Sea with an eastern extremity of 61 degrees, 50 minutes East and a southern extremity of 20 degrees North.
The Veterans’ Entitlements Act 1986 (the Act) provides for the payment of pensions and other benefits to, and medical treatment for, veterans and certain other persons, and for other purposes. In particular, it provides for automatic treatment for certain cancers, post traumatic stress disorder and some other prescribed conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, access to gold card and the Victoria Cross Allowance. Some of these entitlements and benefits require a member to have rendered "warlike service"; others only require "non-warlike service" or “hazardous service” for eligibility under the Act.
The purpose of this Determination is to revoke and replace the Determination made on 23 February 1996 ("the 1996 Determination") by then Minister for Defence, the Honourable Robert Francis Ray, in relation to service in those international waters, contiguous ports and waters used for international navigation contained with the Arabian Gulf, the Gulf of Oman and the Northern Arabian Sea with an eastern extremity of 61 degrees, 50 minutes East and a southern extremity of 20 degrees North. This Determination also remakes the 1996 Determination to overcome minor administrative impediments associated with mandatory registration requirements under the Legislative Instruments Act 2003. The text of this Determination is in similar terms to the 1996 Determination. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and is therefore subject to the registration and Parliamentary scrutiny regime outlined in the LIA.
This Determination applies to service on or after 1 April 1996, the date that members of the Australian Defence Force (ADF) were deployed on hazardous service in those international waters, contiguous ports and waters used for international navigation contained with the Arabian Gulf, the Gulf of Oman and the Northern Arabian Sea with an eastern extremity of 61 degrees, 50 minutes East and a southern extremity of 20 degrees North. This Determination is expressed to commence retrospectively, from 1 April 1996, which is the date specified in the instrument (and the date of commencement of the 1996 Determination).
The retrospective operation of this Determination is required to ensure that no ADF member (or his or her legal personal representative as the case may be) is disadvantaged if claiming for death, injury or disease that occurred between the period when they commenced service on the Operation and the date that this Determination is registered on the Federal Register of Legislative Instruments. The retrospective application of this Determination does not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) so as to disadvantage that person nor does it impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date this Determination is registered.
Consultation was considered inappropriate and unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF.
Authority: Paragraph 120(7) of the Veterans’ Entitlements Act 1986
Overview
The Veterans' Entitlements Act 1986 (the Act) was enacted to provide pensions, medical treatment, and other benefits to veterans and certain other persons. This Act addresses the need for formal recognition and support for individuals who have served in the Australian Defence Force, including the provision of specific entitlements based on the nature of their service, such as warlike, non-warlike, or hazardous service. The Act was enacted by the Parliament of Australia to ensure that veterans and their families receive the care and recognition they deserve. The policy objective is to provide comprehensive support to veterans, ensuring that they are not left to face the challenges that may arise from their service without necessary assistance.
The Determination of Hazardous Service within the Arabian Gulf, the Gulf of Oman, and the Northern Arabian Sea, issued under the Act, specifically identifies these regions as areas where service qualifies as hazardous. This Determination was introduced to clarify and update the geographical scope and administrative requirements concerning hazardous service, revoking and replacing a previous Determination made in 1996. The objective is to ensure that members of the Australian Defence Force who served in these regions from April 1, 1996, onwards, are eligible for the benefits under the Act without administrative barriers. This legislative instrument is subject to the registration and scrutiny processes outlined in the Legislative Instruments Act 2003.
Scope and Application
The Veterans’ Entitlements Act 1986 applies to the members of the Australian Defence Force (ADF) who have rendered hazardous service in specific international waters and ports as defined by this Determination. This legislation provides for the payment of pensions, medical treatment, and other benefits to eligible veterans and certain other individuals, with particular focus on those who have served in the Arabian Gulf, the Gulf of Oman, and the Northern Arabian Sea, extending eastwards to 61 degrees, 50 minutes East and southwards to 20 degrees North. The Determination also aims to rectify administrative issues encountered with the 1996 Determination by aligning it with the Legislative Instruments Act 2003, ensuring it complies with the registration and scrutiny requirements stipulated by that Act. The retroactive application of this Determination ensures that ADF members or their legal representatives are not disadvantaged in their claims for injuries or diseases that occurred from the commencement of service on 1 April 1996, the date this Determination was registered on the Federal Register of Legislative Instruments. This retrospective effect does not disadvantage non-Commonwealth entities or impose liabilities on them for actions taken prior to the Determination's registration.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) sets out the framework for providing pensions, benefits, and medical treatment to veterans and other eligible persons, including those who have served in hazardous areas. Section 120(7) of the VEA authorises the Minister to determine whether certain international waters and ports are considered hazardous for the purposes of entitlement to benefits under the Act. This legislative instrument, F2006L02911, revokes and replaces the previous determination made in 1996, concerning specific waters in the Arabian Gulf, Gulf of Oman, and Northern Arabian Sea, specifically those east of 61 degrees, 50 minutes East and north of 20 degrees North (sections 1-4). The determination applies retrospectively from 1 April 1996, the date ADF members were deployed in these hazardous areas, ensuring that no member is disadvantaged if they claim for death, injury, or disease during or after their service (section 5).
The primary obligation imposed by this Determination under the VEA is the classification of specific geographic areas as hazardous for the purposes of eligibility for certain benefits, particularly where members have rendered hazardous service (section 6). This means that ADF members who served in these waters since 1 April 1996, or their legal representatives, can claim benefits related to hazardous service without needing to prove the hazardous nature of their service in these specific areas. The retrospective application ensures that there is no disadvantage to members who might have already claimed or who are yet to claim benefits related to their service in these areas.
Any breach of the provisions of this Determination would not directly result in specific offences or penalties under the VEA, as the Determination is an administrative tool to assist in the application of the Act. However, any incorrect application or denial of benefits due to misunderstanding or misinterpretation of the Determination could lead to disputes that might be addressed through administrative review or judicial review mechanisms available under the Administrative Appeals Tribunal Act 1975 or other relevant legislation. The overarching principle is to ensure that veterans and their families are not disadvantaged in their pursuit of entitlements.