EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of non-warlike service (Operation QUICKSTEP)
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 Fiji on Operation QUICKSTEP as non-warlike service for the purpose of the Act in the specified area comprising Fiji and its land, internal waters, archipelagic waters, territorial sea and superjacent airspace and the exclusive economic zone of Fiji.
This Determination applies to service commencing on 31 October 2006, the day that members of the ADF began non-warlike service in Operation QUICKSTEP.
This Determination takes effect on and from 11 September 2007 reflecting the date the Minister for Defence agreed to classify service as non-warlike.
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 aims to provide pensions, benefits, and medical treatment to veterans and certain other individuals, addressing the need for support and recognition of service rendered. The Act outlines various entitlements including automatic treatment for specific medical conditions, access to counselling services, and funeral benefits, among others. The 1986 Act distinguishes between warlike and non-warlike service, with eligibility for certain benefits hinging on the nature of the service rendered. To address a specific gap, the Determination of Non-Warlike Service (Operation QUICKSTEP) was enacted to classify service in Operation QUICKSTEP in Fiji as non-warlike for the purposes of the Act. This Determination, effective from 11 September 2007, was established by the Parliament of Australia to ensure that members of the Australian Defence Force who served in Fiji were not disadvantaged in their claims for benefits related to their service, even if those claims were made before the Determination was registered. This legislative instrument, exempt from disallowance and sunsetting, was deemed not to require consultation due to its specific application to ADF service members.
Scope and Application
The Veterans’ Entitlements Act 1986 Determination of non-warlike service (Operation QUICKSTEP) applies to members of the Australian Defence Force who began service in Fiji as part of Operation QUICKSTEP on 31 October 2006. This Determination classifies their service as non-warlike for the purposes of the Act, thus entitling them to certain benefits and entitlements under the Act, including pensions, medical treatment, funeral benefits, and access to the Veterans' Counselling Service, provided they meet the eligibility criteria. The geographic scope of this Determination encompasses Fiji, including its land, internal waters, archipelagic waters, territorial sea, superjacent airspace, and exclusive economic zone. It was made effective from 11 September 2007, despite its retrospective operation, to ensure 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 the Determination's registration. This legislative instrument is exempt from disallowance and sunsetting provisions, reflecting its specific application to ADF service members.
Key Provisions
The Veterans’ Entitlements Act 1986 (the Act) governs the payment of pensions and other benefits to veterans and certain other persons, including those rendered in warlike and non-warlike service. Specifically, section 5C(1) of the Act allows for the determination of non-warlike service, which is what this Determination addresses. This Determination declares service with the Australian Defence Force (ADF) mission in Fiji on Operation QUICKSTEP as non-warlike service for the purposes of the Act (section 1). It applies to service commencing on 31 October 2006, the day that ADF members began their non-warlike service in Operation QUICKSTEP (section 2).
Under the Act, non-warlike service is a requirement for eligibility for certain entitlements and benefits, such as automatic treatment for certain conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, and the Victoria Cross Allowance (section 1). By declaring the service in Fiji as non-warlike, this Determination ensures that ADF members who served in Operation QUICKSTEP can access these benefits without having to meet the higher threshold of warlike service (section 1). The Determination's retrospective operation is designed to protect ADF members from disadvantage if they claim for death, injury, or disease that may have occurred between the commencement of service and the date of the Determination's registration (section 3).
The Act imposes obligations on the parties involved, ensuring that ADF members who served in the declared non-warlike service are eligible for the specified benefits. The Determination aims to avoid disadvantaging ADF members in their claims for benefits related to their service (section 3). Furthermore, the Determination is exempt from disallowance and sunsetting under the Legislative Instruments Act 2003, ensuring its continued applicability and enforcement (section 5). The retrospective effect of this Determination ensures that ADF members are not disadvantaged if they claim benefits for occurrences during their service period before the Determination was registered (section 3).
Breach of the provisions outlined in this Determination could potentially lead to legal consequences, although specific offences, penalties, or consequences are not detailed in the text. The Determination's primary focus is on ensuring that ADF members are not disadvantaged in their claims for benefits related to their service in Operation QUICKSTEP. However, the legislative framework under which this Determination operates may provide for civil or criminal penalties for non-compliance with the Act's provisions, though these are not explicitly mentioned in the text. The retrospective application ensures that any claims for benefits related to the period before the Determination's registration are not prejudiced, thereby upholding the rights of ADF members under the Act.