EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Non-warlike Service – Cambodia
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" for eligibility under the Act.
The purpose of this Determination is to revoke and replace the Determination made on 23 December 1997 ("the 1997 Determination") by then Minister for Defence Industry, Science and Personnel, the Honourable Bronwyn Bishop, in relation to service in Cambodia. This Determination also remakes the 1997 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 1997 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 during the period 5 July 1997 to 14 July 1997, the period that members of the Australian Defence Force (ADF) were deployed on non-warlike service in Cambodia as part of Operation VISTA. This Determination is expressed to commence retrospectively, from 5 July 1997, which is the date specified in the instrument (and the date of commencement of the 1997 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: Subsection 5C(1) of the Veterans’ Entitlements Act 1986
Overview
The Veterans’ Entitlements Act 1986 (the Act) is a pivotal piece of legislation designed to provide pensions, medical treatment, and various other benefits to veterans and their families. Enacted by the Parliament of Australia, the Act aims to recognise and compensate for the service rendered by individuals in the Australian Defence Force. The Act distinguishes between warlike and non-warlike service, with different entitlements applying accordingly. The Explanatory Statement for the Determination of Non-warlike Service – Cambodia outlines that this legislation seeks to address the specific eligibility for benefits of service members deployed in Cambodia from 5 July to 14 July 1997 under Operation VISTA. The Determination revokes and replaces a previous version made in 1997, with the intent to ensure no service member is disadvantaged in their claims for benefits due to the administrative changes. The retrospective application of this Determination aims to protect the rights of service members and their representatives from any negative impacts arising from the timing of the legislative update.
Scope and Application
The Veterans’ Entitlements Act 1986 (the Act) is designed to provide various pensions, benefits, and medical treatments for veterans and certain other individuals, including specific provisions for automatic treatment of particular conditions such as certain cancers and post-traumatic stress disorder. This legislation covers a broad range of entitlements, from service pensions to funeral benefits and allowances like the Victoria Cross Allowance. For certain benefits, the Act requires that the service rendered be classified as "warlike," while other benefits only necessitate "non-warlike service." The application of this Act is national in scope, extending across the Commonwealth of Australia and impacting all relevant persons and entities. The Act’s provisions are subject to subordinate instruments, which may further define or refine its application, such as the Determination of Non-warlike Service – Cambodia, which clarifies eligibility criteria for specific deployments.
The Determination of Non-warlike Service – Cambodia, which is a legislative instrument under the Legislative Instruments Act 2003, applies to service rendered by members of the Australian Defence Force during Operation VISTA in Cambodia between 5 July 1997 and 14 July 1997. This Determination aims to ensure that ADF members are not disadvantaged in their claims for death, injury, or disease related to their service during this period. The Determination operates retrospectively from 5 July 1997, aligning with the commencement date of the original 1997 Determination. Its retrospective effect is crucial for safeguarding the rights of ADF members without disadvantaging other individuals or imposing liabilities on them for actions taken prior to the Determination's registration.
Key Provisions
The main operative sections of this Determination, as specified in the Veterans’ Entitlements Act 1986, relate to the provision of benefits for members of the Australian Defence Force (ADF) who were deployed on non-warlike service in Cambodia during the period of 5 July 1997 to 14 July 1997. This Determination revokes and replaces the previous Determination made on 23 December 1997, addressing minor administrative impediments under the Legislative Instruments Act 2003. It ensures that ADF members are eligible for certain benefits and entitlements under the Act, specifically by recognising their service in Cambodia as non-warlike. The Determination applies retrospectively from 5 July 1997, the date of the commencement of the original 1997 Determination, to avoid any disadvantage to ADF members who may have suffered injury, disease, or death during their service period.
The Act imposes obligations on the parties involved to ensure that ADF members who served in Cambodia during the specified period are eligible for benefits such as pensions, medical treatment, and funeral benefits, provided they meet the criteria for non-warlike service. This Determination also ensures that these members can access services like the Veterans' Counselling Service and the gold card scheme, without any additional administrative hurdles. It mandates that the Commonwealth or its authorities bear the liability for any claims arising from this service period, protecting the rights of ADF members and their representatives.
Breach of the provisions outlined in this Determination may lead to civil or criminal consequences, although specific offences and penalties are not detailed in the Determination itself. The maximum penalties for breaches would be in accordance with the Veterans’ Entitlements Act 1986 and any related legislation. The Determination is crafted to ensure that ADF members who served in Cambodia are not disadvantaged in their claims for benefits and that the Commonwealth remains accountable for any liabilities arising from this service period. The retrospective operation is designed to protect the rights of the ADF members, without imposing undue burdens on other parties.