EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Hazardous Service – Mozambique
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 1 August 1994 ("the 1994 Determination") by then Minister for Defence Science and Personnel, the Honourable Gary Francis Punch, in relation to service in Mozambique. This Determination also remakes the 1994 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 1994 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 12 July 1994, the date that members of the Australian Defence Force (ADF) were deployed on hazardous service in Mozambique as part of the United Nations humanitarian operations force. This Determination is expressed to commence retrospectively, from 12 July 1994, which is the date specified in the instrument (and the date of commencement of the 1994 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 Parliament of Australia, provides various pensions, benefits, and medical treatments for veterans and certain other individuals, addressing the need for support and recognition of their service. This Act aims to ensure that members of the Australian Defence Force who have rendered hazardous service receive the appropriate entitlements. In 2006, an explanatory statement was issued to clarify and update the Determination regarding hazardous service in Mozambique, replacing a previous determination made in 1994 to align with current legislative requirements and to rectify administrative issues. This legislative instrument, subject to the scrutiny outlined in the Legislative Instruments Act 2003, applies retrospectively from 12 July 1994, ensuring that no ADF member is disadvantaged in claims related to service in Mozambique, while maintaining fairness towards other parties not affiliated with the Commonwealth.
Scope and Application
The Veterans' Entitlements Act 1986 Determination of Hazardous Service – Mozambique applies to members of the Australian Defence Force (ADF) who have rendered service in Mozambique on or after 12 July 1994 as part of the United Nations humanitarian operations force. This Determination is a legislative instrument under the Legislative Instruments Act 2003, subject to the registration and Parliamentary scrutiny regime of that Act. The purpose of this Determination is to clarify and replace the previous Determination made on 1 August 1994, addressing minor administrative issues associated with mandatory registration requirements. It operates retrospectively from 12 July 1994, ensuring that ADF members are not disadvantaged in claims for death, injury, or disease occurring between the commencement of service and the registration of this Determination on the Federal Register of Legislative Instruments. Notably, this retrospective 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 or omissions prior to the Determination's registration.
Key Provisions
The main operative sections of this Determination (F2006L02865) are those that define the conditions under which service in Mozambique is considered hazardous. Section 1 of the Determination revokes the previous Determination from 1 August 1994 and replaces it with the current one, ensuring that the provisions are up-to-date and compliant with the Legislative Instruments Act 2003. Section 2 specifies that this Determination applies to service on or after 12 July 1994, the date when Australian Defence Force (ADF) members were deployed to Mozambique as part of the United Nations humanitarian operations force. Importantly, Section 3 provides that the Determination operates retrospectively from 12 July 1994, ensuring that ADF members or their legal representatives are not disadvantaged in claiming benefits for injuries or diseases that occurred before the Determination was registered.
This Determination imposes specific obligations on ADF members who served in Mozambique from the specified date. It requires these members to meet the criteria of hazardous service to be eligible for certain benefits under the Veterans’ Entitlements Act 1986. This includes automatic treatment for certain cancers, post-traumatic stress disorder, and other prescribed conditions, as well as access to the Veterans' Counselling Service, funeral benefits, Service pension, gold card access, and the Victoria Cross Allowance. The Determination ensures that these entitlements are accessible to those who served in hazardous conditions, thereby recognising the risks and sacrifices made during their service.
Breaching the provisions of this Determination could lead to significant consequences for ADF members. While the Determination itself does not explicitly outline specific offences or penalties, failing to meet the criteria for hazardous service could result in the denial of certain benefits under the Veterans’ Entitlements Act 1986. Additionally, the retrospective application of the Determination is designed to protect ADF members from being disadvantaged in their claims for benefits related to injuries or diseases that occurred before the Determination was registered. The Determination does not impose liabilities on individuals other than the Commonwealth or its authorities for actions taken before its registration.