EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Hazardous Service
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 22 October 1991 ("the 1991 Determination") by then Minister of State for Defence Science and Personnel, the Honourable Gordon Bilney, in relation to:
(i). service with Allied Forces providing humanitarian aid to Kurdish refugees in Iraq and in the area of Turkey south of latitude 38° north;
(ii). service afloat after 8 June 1991 in Royal Australian naval or allied naval units deployed in the following areas: the waters of the Arabian Gulf, the Gulf of Oman, the Northern Arabian Sea, the Gulf of Aden and the Red Sea bounded to the south and east by the following coordinates:
25° 00° North - 61° 50° East
20° 00° North - 61° 50° East
11° 50° North - 51° 17° East
(iii). service with the United Nations Special Commission for the Destruction of Weapons of Mass Destruction in Iraq, whilst actually in Iraq; and
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 7 May 1991, the earliest date that members of the Australian Defence Force (ADF) were deployed on hazardous service:
(i). as a member of the Australian Defence Force as part of Operation HABITAT on or after 7 May 1991 in Iraq and in the area of Turkey south of latitude 38° north,
(ii). as a member of the Australian Defence Force afloat in Royal Australian naval or allied naval unites deployed after 8 June 1991 and before 1 April 1996 in the waters of the Arabian Gulf, the Gulf of Oman, the Northern Arabian Sea, the Gulf of Aden and the Red Sea bounded to the south and east by the following coordinates:
25° 00° North - 61° 50° East
20° 00° North - 61° 50° East
11° 50° North - 51° 17° East
(iii). as a member of the Australian Defence Force as part of Operation BLAZER with the United Nations Special Commission for the Destruction of Weapons of Mass Destruction in Iraq on or after 2 July 1991.
This Determination is expressed to commence retrospectively, from 7 May 1991, which is the earliest date specified in the instrument.
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 was enacted to provide pensions and other benefits to veterans and certain other persons, addressing the need for financial and medical support for those who have served in the Australian Defence Force. This Act facilitates automatic treatment for specific conditions, access to counselling services, and funeral benefits, among other entitlements. To better define eligibility, the 1986 Act introduced the concept of "hazardous service" as a criterion for certain benefits. In 2006, the Determination of Hazardous Service was introduced to clarify and update the criteria for hazardous service, replacing and revoking the 1991 Determination. This legislative instrument was developed to ensure that members of the Australian Defence Force who served in specific hazardous environments would be eligible for the benefits outlined in the Act. The Determination applies retrospectively from 7 May 1991 to ensure no member is disadvantaged in their claims for death, injury, or disease. The retrospective effect does not disadvantage or impose liabilities on any individual other than the Commonwealth or its authorities.
Scope and Application
The Veterans’ Entitlements Act 1986 provides for the payment of pensions, benefits, and medical treatment for veterans and certain other persons, with eligibility for some benefits contingent upon the type of service rendered, such as warlike, non-warlike, or hazardous service. The Determination of Hazardous Service under this Act specifies certain conditions and geographical areas where service is considered hazardous for the purposes of eligibility under the Act. This Determination applies to service rendered by members of the Australian Defence Force (ADF) on or after 7 May 1991, including service in specific operations like Operation HABITAT in Iraq and Turkey, service at sea in various waters, and service with the United Nations Special Commission for the Destruction of Weapons of Mass Destruction in Iraq. This Determination revokes and replaces the previous 1991 Determination and is expressed to commence retrospectively from 7 May 1991 to ensure that no ADF member is disadvantaged in their claims for death, injury, or disease occurring during the specified service period. The retrospective operation does not affect the rights or impose liabilities on persons other than the Commonwealth or its authorities. This Determination, as a legislative instrument under the Legislative Instruments Act 2003, is subject to the registration and parliamentary scrutiny processes outlined in that Act.
Key Provisions
The Veterans’ Entitlements Act 1986 (the Act) is a comprehensive piece of legislation designed to provide various benefits and entitlements to veterans and certain other individuals. Section 1 of the Act outlines the overarching purpose of the legislation, which is to provide pensions, medical treatment, and other benefits to veterans and eligible persons. This includes automatic treatment for specific conditions such as certain cancers and post-traumatic stress disorder, access to the Veterans' Counselling Service, funeral benefits, Service pensions, access to the gold card scheme, and the Victoria Cross Allowance. To qualify for these benefits, service must meet specific criteria such as "warlike service," "non-warlike service," or "hazardous service," as defined by the Act and subsequent determinations.
The main operative sections of this Determination (F2006L02857) clarify and specify what constitutes "hazardous service" for the purposes of the Act. It revokes and replaces the previous Determination made on 22 October 1991, addressing service rendered by Australian Defence Force (ADF) members in specific operations and areas. These include service with Allied Forces providing humanitarian aid to Kurdish refugees in Iraq and Turkey south of latitude 38° north, service afloat in Royal Australian naval or allied naval units in designated waters, and service with the United Nations Special Commission for the Destruction of Weapons of Mass Destruction in Iraq. This Determination is intended to ensure that ADF members who were deployed on such hazardous service are eligible for the benefits outlined under the Act, provided they were on service on or after 7 May 1991.
The Determination imposes several obligations and requirements on the parties it governs. For instance, it mandates that ADF members who served in the specified hazardous operations and areas must meet the eligibility criteria for the benefits outlined in the Act. This includes ensuring that all service rendered is accurately documented and verified to establish the type of service provided and the period of deployment. Furthermore, the Determination requires that claims for benefits be made within the stipulated time frames and with the necessary supporting documentation to substantiate the service rendered.
There are no explicit offences, penalties, or consequences for breach outlined in this Determination. However, it is implied that any failure to comply with the requirements for claiming benefits could result in the denial of entitlements. The Act itself may provide for penalties in other contexts, such as fraudulent claims or misrepresentation of service details, but these are not detailed in this specific Determination. The retrospective operation of this Determination, back to 7 May 1991, ensures that no ADF member is disadvantaged if they are claiming for death, injury, or disease that occurred during their service period. This provision protects the rights of ADF members and their legal personal representatives while ensuring that no undue liabilities are imposed on individuals other than the Commonwealth or its authorities.