EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Hazardous Service – The waters of the Gulf of Iran and the Gulf of Oman west of the line joining Rass-Al-Hadd and the southern end of the Iran Pakistan border, and the countries littoral to those waters, to a maximum distance inland of 50 km from the high water mark.
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 25 September 1992 ("the 1992 Determination") by then Minister of State for Defence Science and Personnel, the Honourable Gordon Bilney, in relation to service in the waters of the Gulf of Iran and the Gulf of Oman west of the line joining Rass-Al-Hadd and the southern end of the Iran Pakistan border, and the countries littoral to those waters, to a maximum distance inland of 50 km from the high water mark. This Determination also remakes the 1992 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 1992 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 17 November 1986, the date that members of the Australian Defence Force (ADF) were deployed on hazardous service in the waters of the Gulf of Iran and the Gulf of Oman west of the line joining Rass-Al-Hadd and the southern end of the Iran Pakistan border, and the countries littoral to those waters, to a maximum distance inland of 50 km from the high water mark. This Determination is expressed to commence retrospectively, from 17 November 1986, which is the date specified in the instrument (and the date of commencement of the 1992 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, benefits, and medical treatment to veterans and certain other individuals, with specific provisions for warlike and hazardous service. To address gaps in the identification of hazardous service areas, a determination was made in 1992 regarding service in the waters of the Gulf of Iran and the Gulf of Oman, which was recently revoked and replaced by the current Determination. This update aims to correct minor administrative issues and ensure the Determination aligns with current legislative requirements under the Legislative Instruments Act 2003. The Determination applies retrospectively from 17 November 1986, the date the Australian Defence Force was deployed in these waters, to ensure no service member is disadvantaged when claiming for injuries or diseases incurred during their service. The retrospective effect does not disadvantage non-Commonwealth entities nor impose liabilities on them for actions prior to the Determination's registration.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) is a comprehensive piece of legislation providing pensions, benefits, and medical treatment to veterans and other eligible persons, including for certain cancers, post-traumatic stress disorder, and other prescribed conditions. This Act also encompasses provisions for funeral benefits, Service pensions, access to the Veterans' Counselling Service, and allowances such as the gold card and Victoria Cross Allowance. The Act applies to both warlike and non-warlike service, with specific conditions for hazardous service eligibility. This legislation extends to all members of the Australian Defence Force (ADF) who have served on or after 17 November 1986, the date when ADF members were deployed on hazardous service in specific geographic areas. Notably, the VEA applies to service in the waters of the Gulf of Iran and the Gulf of Oman west of the line joining Rass-Al-Hadd and the southern end of the Iran-Pakistan border, as well as to the countries bordering these waters up to a maximum distance of 50 km inland from the high water mark. This Determination is designed to ensure ADF members, or their legal personal representatives, are not disadvantaged if they are claiming for death, injury, or disease that occurred between the commencement of their service and the date of registration of this Determination. The retroactive application does not disadvantage any person other than the Commonwealth or an authority of the Commonwealth, nor does it impose liabilities on such persons for actions taken before the Determination's registration.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) outlines the framework for providing pensions, medical treatment, and other benefits to veterans and their families, as well as certain other individuals. Among the key provisions, Section 120(7) allows for the determination of hazardous service, which is crucial for eligibility for certain benefits. The VEA determines whether service qualifies as "warlike," "non-warlike," or "hazardous" service, with varying benefits attached to each category.
This Determination (F2006L02864) specifically addresses the waters of the Gulf of Iran and the Gulf of Oman, west of the line joining Rass-Al-Hadd and the southern end of the Iran-Pakistan border, and the littoral countries within 50 km from the high water mark. This area is considered hazardous, thus qualifying the service provided there as "hazardous service" under the VEA. Such service on or after 17 November 1986, when Australian Defence Force (ADF) members were deployed there, will be eligible for certain benefits as outlined in the Act.
The Determination imposes several obligations on the parties involved, including the requirement for ADF members or their representatives to provide evidence of service in the specified areas to claim relevant benefits. This includes presenting documentation that proves their service qualifies as hazardous under the VEA. The retrospective application ensures that no ADF member is disadvantaged in their claims for death, injury, or disease occurring before the Determination was registered on the Federal Register of Legislative Instruments.
Under the VEA, failure to comply with the requirements for claiming benefits may result in penalties or consequences. However, the Act does not specify particular offences or penalties in the context of this Determination. The primary focus of the Determination is to ensure that ADF members or their representatives are not disadvantaged in their claims related to hazardous service. The retrospective application of the Determination is designed to avoid imposing liabilities or disadvantaging individuals other than the Commonwealth or its authorities.
In summary, this Determination under the Veterans' Entitlements Act 1986 clarifies and updates the eligibility criteria for ADF members who served in hazardous areas in the Gulf of Iran and the Gulf of Oman, ensuring they can claim relevant benefits without retrospective disadvantage. The obligations primarily revolve around the provision of evidence for claims, while the focus is on protecting the rights of ADF members and their representatives.