EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of non-warlike service (Operation HEDGEROW)
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 (ADF) mission in the Sudan on Operation HEDGEROW as non-warlike service for the purpose of the Act in the specified area comprising Sudan.
This Determination applies to service commencing on 28 July 2008, the day ADF members were first approved to deploy on non-warlike service in Operation HEDGEROW.
This Determination takes effect on and from 28 July 2008 reflecting the date ADF personnel were first approved to deploy.
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 may have 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 any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date the Determination is registered.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) and is exempt from disallowance pursuant to item 10 of Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to item 7(a) of Schedule 3 of the Regulations.
Consultation was considered 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, benefits, and medical treatment for veterans and certain other individuals. The Act includes provisions for various entitlements, some of which require "warlike service" and others that only require "non-warlike service" for eligibility. The Veterans’ Entitlements Act 1986 Determination of non-warlike service (Operation HEDGEROW) was introduced to address the need to classify the service of Australian Defence Force members deployed on Operation HEDGEROW in Sudan as non-warlike service. This Determination, enacted by the Parliament of Australia, aims to ensure that ADF members who served in this operation are eligible for certain benefits under the VEA without being disadvantaged due to the timing of the legislation. The retrospective application of this Determination ensures that any claims related to service in the specified period are not prejudiced, reflecting the policy objective of protecting the rights of ADF members.
Scope and Application
The Veterans' Entitlements Act 1986 Determination of non-warlike service (Operation HEDGEROW) is a legislative instrument that specifically addresses the classification of service rendered by members of the Australian Defence Force (ADF) on Operation HEDGEROW in Sudan as non-warlike service for the purposes of the Act. This Determination is crucial for ADF members who participated in this mission, as it ensures their eligibility for certain pensions, benefits, and medical treatments under the Act, which otherwise require "warlike service" or "non-warlike service" for eligibility. The Determination applies to service that began on 28 July 2008, the date when ADF members were first approved to deploy on this operation, and it has retrospective effect to safeguard the entitlements of any ADF member who may have incurred death, injury, or disease during their service period prior to the registration of this Determination. This ensures that no member is disadvantaged in their claims related to their service. Notably, this Determination is exempt from disallowance and sunsetting under the Legislative Instruments Act 2003 and its associated regulations, and consultation was deemed unnecessary for its enactment.
Key Provisions
The Veterans’ Entitlements Act 1986, through its Determination of non-warlike service (Operation HEDGEROW), provides specific provisions that affect eligibility for veterans' benefits. Section 5C(1) of the Act empowers the making of such determinations, and in this case, it classifies service with the Australian Defence Force (ADF) mission in the Sudan during Operation HEDGEROW as non-warlike service for the purposes of the Act (sections 5C(1)). This determination applies to service commencing on 28 July 2008, the date when ADF members were first approved to deploy on this non-warlike operation (section 5C(1)). The retrospective effect of this Determination ensures that ADF members are not disadvantaged if they claim for death, injury, or disease that occurred between the commencement of their service and the date of registration of this Determination on the Federal Register of Legislative Instruments (section 5C(1)).
The Act imposes obligations on the parties it governs, ensuring that ADF members who served in the specified non-warlike operation are eligible for certain benefits under the Act. Specifically, it mandates that service in the determined area during Operation HEDGEROW is recognised as non-warlike, thereby extending eligibility for pensions, medical treatment, and other entitlements to those who served (section 5C(1)). This obligation is crucial for ensuring that veterans receive the benefits they are entitled to without unnecessary administrative hurdles.
Under the Veterans’ Entitlements Act 1986, breaches of its provisions, including misclassification of service, may have legal consequences. However, the Explanatory Statement does not detail specific offences or penalties related to this Determination. Generally, under the Act, offences related to the fraudulent claiming of benefits or misrepresentation of service could lead to civil or criminal penalties, including fines and imprisonment, as stipulated in other sections of the Act. The maximum penalties for such offences can vary, with civil penalties often including pecuniary penalties and criminal penalties including imprisonment terms as specified by the relevant legislation.