EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Non-warlike Service – East Timor
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 declare service with the Australian Defence Force mission in East Timor, on Operation ASTUTE, as non-warlike service for the purposes of the VEA.
This Determination applies to service on or after the 12 May 2006, the day members of the Australian Defence Force (ADF) were deployed on non-warlike service in East Timor on Operation ASTUTE.
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.
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.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and became effective on 12 May 2006
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 (VEA) was enacted to provide pensions, medical treatment, and other benefits to veterans and their families, contingent on the nature of their service. To address the specific needs of members who served on Operation ASTUTE in East Timor, the Determination of Non-warlike Service – East Timor was introduced. This legislative instrument, which came into effect on 12 May 2006, was designed to classify the service of Australian Defence Force members in East Timor as non-warlike, thereby ensuring they are eligible for certain benefits under the VEA. The retrospective application of this Determination aims to prevent any veteran from being disadvantaged in claims related to injuries or illnesses occurring before its registration on the Federal Register of Legislative Instruments. This Determination was enacted without consultation as it pertains directly to ADF service, under the authority of subsection 5C(1) of the VEA.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) Determination of Non-warlike Service – East Timor outlines specific provisions for members of the Australian Defence Force (ADF) who served in East Timor from 12 May 2006 onwards, during Operation ASTUTE. This Determination classifies the service rendered by ADF members in East Timor as non-warlike service, thereby extending certain benefits and entitlements available under the VEA to these individuals. The benefits include pensions, medical treatment for prescribed conditions such as certain cancers and post-traumatic stress disorder, access to the Veterans' Counselling Service, funeral benefits, Service pension, and the Victoria Cross Allowance, among others. This legislative instrument ensures that ADF members, or their legal personal representatives, who were involved in this operation are not disadvantaged in claiming benefits for any death, injury, or disease that occurred during or after their service. The retrospective application of this Determination is crucial to safeguard the entitlements of affected members, while also ensuring that no other persons (other than the Commonwealth or its authorities) are disadvantaged or imposed liabilities before the Determination was registered.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) provides a range of benefits and entitlements for veterans, including pensions, medical treatment, and funeral benefits, among others. For certain benefits, service must be classified as "warlike," while for others, "non-warlike" service suffices. Section 5C(1) of the VEA empowers the Minister to declare specific service as non-warlike, and this Determination serves to classify service with the Australian Defence Force (ADF) mission in East Timor on Operation ASTUTE as non-warlike service. This classification applies to service rendered on or after 12 May 2006, the date ADF members were deployed on this non-warlike operation.
This Determination imposes certain obligations on the parties involved, primarily ensuring that the service of ADF members on Operation ASTUTE in East Timor is recognised as non-warlike service for the purposes of the VEA. It mandates that any ADF member who served in East Timor from 12 May 2006 onwards, or their legal personal representatives, are eligible for benefits that require non-warlike service without any disadvantage. The retrospective application of this Determination is crucial to protect the rights of ADF members who might have suffered death, injury, or disease during their service period. It ensures that any claims related to such occurrences are not prejudiced by the timing of the Determination's registration.
Breaching the provisions of this Determination could lead to civil or criminal consequences, although the Determination does not explicitly outline these. However, under the Legislative Instruments Act 2003 (LIA), any failure to adhere to the legislative requirements could result in penalties as prescribed under the LIA. Given the nature of the Determination, any misinterpretation or misapplication of the non-warlike service classification might lead to disputes over entitlements, potentially resulting in legal challenges or administrative reviews. The Determination aims to avoid disadvantaging any individual or imposing liabilities on persons other than the Commonwealth or its authorities.
The maximum penalties for non-compliance with the LIA provisions, though not detailed in this Determination, could include fines or other penalties as prescribed by law. The retrospective nature of this Determination ensures that ADF members are not disadvantaged if they seek benefits for incidents that occurred before its registration, thereby protecting their rights and entitlements. The Determination’s legislative framework underscores the importance of recognising service accurately to ensure that veterans receive the benefits they are entitled to under the VEA.