EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Hazardous Service – Gulf war
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 17 May 1991 ("the 1991 Determination") by then Minister of State for Defence Science and Personnel, the Honourable Gordon Bilney, in relation to service in:
(1) Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates and the Island of Cyprus;
(2) the sea areas contained within the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Gulf of Aden, the Persian Gulf and the Gulf of Oman; and
(3) the sea area contained within the Arabian Sea north of the boundary formed by the joining of each of the following points to the next:
(a) 20° 30´ North 70° 40´ East
(b) 14° 30´ North 67° 35´ East
(c) 8° 30´ North 60° 00´ East
(d) 6° 20´ North 53° 52´ East
(e) 5° 48´ North 49° 02´ East
(4) the sea area contained within the Suez Canal and the Mediterranean Sea east of 30° E.
This Determination also remakes the 1991 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 1991 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 2 August 1990, the date that members of the Australian Defence Force (ADF) were deployed on hazardous service in the subparagraphs (1 or 4) above. This Determination is expressed to commence retrospectively, from 2 August 1990, which is the date specified in Item 10 of schedule 2 of the Act (and the date of commencement of the 1991 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 Determination of Hazardous Service – Gulf War, enacted in 1986 by the Commonwealth Parliament, serves to provide essential benefits and pensions to veterans who served in hazardous conditions, particularly those related to the Gulf War. This legislation was introduced to address the need for formal recognition of the hazardous nature of certain service areas and the associated health risks faced by Australian Defence Force members. The Determination, which revokes and replaces a 1991 version, ensures that service in specified regions, including Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates, Cyprus, and various sea areas, is recognised as hazardous. This recognition facilitates eligibility for specific benefits under the Act, including pensions, medical treatment, and other entitlements. The policy objective is to provide comprehensive support to veterans who may have been exposed to hazardous conditions during their service.
This Determination operates retrospectively from 2 August 1990, the date ADF members were deployed in the hazardous areas outlined. The retrospective application ensures that no veteran is disadvantaged in claiming benefits for injuries or diseases that occurred before the Determination was registered. The legislative instrument is subject to the registration and scrutiny regime under the Legislative Instruments Act 2003, ensuring it complies with administrative requirements. Consultation was deemed unnecessary as the Determination directly pertains to ADF service members.
Scope and Application
The Veterans’ Entitlements Act 1986 Determination of Hazardous Service – Gulf War applies to members of the Australian Defence Force who have rendered service in specific geographic areas and sea regions related to the Gulf War, effective from 2 August 1990. This Determination seeks to establish these areas as hazardous service locations for the purposes of the Act, ensuring that veterans who served in these zones and who may have suffered from injuries or illnesses as a result of their service are eligible for certain benefits under the Act. These benefits include automatic treatment for certain medical conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, and other allowances. This Determination applies retrospectively from the date of deployment on 2 August 1990, ensuring that no veteran is disadvantaged if they are claiming for injuries or diseases that occurred during or after this date. It is a legislative instrument subject to the Legislative Instruments Act 2003 and has been remade to address minor administrative issues. The Act applies across the Commonwealth of Australia and is not subject to state or territory variations in this specific instance.
Key Provisions
The main operative sections of this Determination under the Veterans’ Entitlements Act 1986 (the Act) specify that service in particular geographic areas is to be considered as "hazardous service" for the purposes of eligibility for certain benefits and entitlements. This includes service in Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates and the Island of Cyprus (Section 1(1)), as well as in various sea areas such as the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Gulf of Aden, the Persian Gulf, the Gulf of Oman, the Arabian Sea, the Suez Canal, and the Mediterranean Sea east of 30° E (Section 1(2) and (3)). The Determination also includes the sea area contained within the Arabian Sea north of a boundary specified by a series of geographic coordinates (Section 1(4)). This Determination applies to service on or after 2 August 1990, the date that ADF members were deployed in hazardous service in the specified areas (Section 1).
The Act imposes obligations on the Australian Defence Force (ADF) members who served in the designated hazardous areas to ensure they are aware of their entitlements and benefits under the Act. This includes ensuring that any claim for benefits related to hazardous service is substantiated by evidence of service in the specified areas. The Act also imposes a requirement on the Commonwealth to provide medical treatment and pensions to eligible veterans, as well as access to services such as the Veterans' Counselling Service (Section 5 of the Act). The Act further requires that the Determination be applied retrospectively from 2 August 1990 to protect the rights of ADF members and their representatives (Section 10 of the Act).
Any breaches of the obligations under this Determination could result in civil or criminal consequences, although specific offences and penalties are not detailed in the Determination itself. However, the general provisions of the Act outline various penalties for fraudulent claims or misrepresentations in relation to veterans' entitlements, which could include fines or imprisonment (Section 165 of the Act). The maximum penalties for such offences are determined by the seriousness of the offence and are outlined in the relevant sections of the Act. It is important for ADF members and their representatives to ensure compliance with the Act to avoid any potential penalties or consequences.