EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Hazardous Service – The former Republic of Yugoslavia.
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 16 December 1996 ("the 1996 Determination") by then Minister for Defence Industry, Science and Personnel, the Honourable Bronwyn Bishop, in relation to service in the former Republic of Yugoslavia. 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 24 January 1997, the date that members of the Australian Defence Force (ADF) were deployed on hazardous service in the former Republic of Yugoslavia while on exchange with the forces of other countries. This Determination is expressed to commence retrospectively, from 24 January 1997, 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, enacted by the Australian Parliament, addresses the provision of pensions, medical treatment, and other benefits to veterans and their families. This Act establishes eligibility criteria for various benefits, which may include warlike, non-warlike, or hazardous service. In 2006, the Determination of Hazardous Service – The former Republic of Yugoslavia was introduced to specify the conditions under which service in the former Republic of Yugoslavia is considered hazardous, thereby affecting eligibility for certain benefits under the Act. This Determination revokes and replaces a previous version from 1996 to correct administrative issues and ensure compliance with the Legislative Instruments Act 2003. Its retrospective application from 24 January 1997 aims to prevent ADF members from being disadvantaged in their claims for injuries or diseases related to their service in the former Yugoslavia.
Scope and Application
The Veterans' Entitlements Act 1986 applies to members of the Australian Defence Force who have rendered hazardous service in specific geographic areas and timeframes as determined by subsidiary legislation. The Act provides for the payment of pensions, medical treatment, and other benefits to eligible veterans and their dependents. This determination specifically addresses service in the former Republic of Yugoslavia from 24 January 1997 onwards, with retrospective application to ensure that no member is disadvantaged in their claims for injuries or diseases occurring from the commencement of service to the date of registration. This legislative instrument is subject to the registration and scrutiny provisions of the Legislative Instruments Act 2003, and its retrospective operation is designed to protect the interests of ADF members without adversely affecting the rights or imposing liabilities on non-Commonwealth entities. The exclusion of consultation in this instance is justified under section 18 of the LIA due to the specific nature of the service in question.
Key Provisions
The main operative sections of this Determination (F2006L02912) include the provision of eligibility for hazardous service in the former Republic of Yugoslavia, as defined in section 1, which stipulates that the Determination applies to service on or after 24 January 1997. This date marks the deployment of Australian Defence Force (ADF) members on hazardous service in the former Republic of Yugoslavia. Section 2 clarifies that the Determination operates retrospectively from the same date, ensuring that ADF members or their legal personal representatives are not disadvantaged in claims related to death, injury, or disease occurring during the service period. Section 3 outlines the administrative aspects of the Determination, noting its status as a legislative instrument under the Legislative Instruments Act 2003 and its registration requirements.
The Determination imposes obligations on the parties it governs, specifically ADF members who served in the former Republic of Yugoslavia on or after 24 January 1997. These members, or their legal personal representatives, are entitled to claim benefits under the Veterans’ Entitlements Act 1986 for any death, injury, or disease linked to their service. The Determination also requires that claims be lodged within the stipulated timeframes and that all necessary documentation be provided to substantiate the claims. It ensures that these members are not disadvantaged by the retrospective application of the Determination, thereby providing clarity and legal certainty in their eligibility for benefits.
Breaching the provisions of this Determination could result in civil or administrative consequences. For instance, if ADF members or their representatives fail to comply with the requirements for claiming benefits, they may be ineligible to receive the entitlements specified under the Veterans’ Entitlements Act 1986. Additionally, providing false or misleading information in support of a claim could lead to further legal repercussions, including potential penalties under the legislation governing veterans' benefits. The maximum penalties for such offences are not explicitly stated in this Determination but would generally align with the penalties outlined in the Veterans’ Entitlements Act 1986.