EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Non-warlike Service – Guatemala
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 Guatemala. 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 13 February 1997 to 12 May 1997, the period that members of the Australian Defence Force (ADF) were deployed on non-warlike service in Guatemala. This Determination is expressed to commence retrospectively, from 13 February 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 was enacted to provide a framework for the payment of pensions, benefits, and medical treatment to veterans and certain other individuals, addressing the need for formal recognition and support of those who have served. The Act distinguishes between warlike and non-warlike service to determine eligibility for various entitlements. This legislation was introduced by the Australian Parliament to ensure that those who have served are appropriately compensated for their contributions. In response to a specific operational deployment, the Determination of Non-warlike Service – Guatemala was issued to classify service in Guatemala from 13 February 1997 to 12 May 1997 as non-warlike, thereby clarifying the eligibility of Australian Defence Force members for certain benefits under the Act. This Determination was necessary to rectify administrative issues from a previous Determination and to ensure that service members are not disadvantaged in their claims for benefits related to their service.
Scope and Application
The Veterans' Entitlements Act 1986 Determination of Non-warlike Service – Guatemala applies specifically to members of the Australian Defence Force who were deployed on non-warlike service in Guatemala during the period from 13 February 1997 to 12 May 1997. This legislation seeks to ensure that ADF members are not disadvantaged in their claims for death, injury, or disease that may have occurred during their service in the specified period. The retroactive application of this Determination, which is designed to commence from 13 February 1997, aims to safeguard the interests of these service members without affecting the rights of other individuals or imposing liabilities prior to the Determination's registration on the Federal Register of Legislative Instruments. The scope of this Determination is limited to the specified geographic and temporal context and does not extend to other periods or locations of service, unless explicitly covered by other provisions or subordinate instruments.
Key Provisions
The Veterans' Entitlements Act 1986 (the Act) encompasses a broad range of provisions for the payment of pensions, medical treatment, and other benefits to veterans and certain other individuals. Section 5C of the Act allows for the determination of specific periods of non-warlike service that qualify for certain entitlements. In this context, the Determination of Non-warlike Service – Guatemala is particularly relevant as it specifies the period from 13 February 1997 to 12 May 1997 during which Australian Defence Force (ADF) members were engaged in non-warlike service in Guatemala. This service period is critical as it establishes eligibility for certain benefits under the Act.
This Determination obligates the ADF members who served in Guatemala during the specified period to adhere to the provisions outlined. It ensures that their service qualifies them for benefits such as pensions, medical treatment for prescribed conditions, and other entitlements. Furthermore, it mandates that these benefits be considered retrospectively from the commencement date of 13 February 1997, ensuring that no member is disadvantaged in the event of a claim related to injury, disease, or death occurring during or after their service in Guatemala.
The Determination also imposes specific requirements on the parties involved. For instance, ADF members who served in Guatemala must ensure they meet the eligibility criteria established by the Act. This includes maintaining records and documentation that substantiate their service during the specified period. Additionally, the Commonwealth is obligated to process claims and provide the specified benefits to eligible members without undue delay, ensuring that the entitlements are accessible and administered fairly.
Failure to comply with the provisions of this Determination can result in significant legal consequences. While the specific offences and penalties are not detailed within the text, the Act generally provides for both civil and criminal penalties for non-compliance. These may include fines and imprisonment for more severe breaches, depending on the nature and extent of the violation. The precise penalties would be determined based on the relevant sections of the Act and other applicable laws. The Determination ensures that all parties are aware of the potential consequences of non-compliance, thereby encouraging adherence to the established guidelines.