EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Non-warlike Service – Lebanon
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) in the Middle East in support of the Australian whole-of-Government response to the crisis in Lebanon, on Operation RAMP, as non-warlike service for the purposes of the Act.
This Determination applies to service on or after 20 July 2006, the day members of the ADF were deployed on non-warlike service in Lebanon on Operation RAMP.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA). The Determination is taken to have commenced on 20 July 2006, which is the date specified in this instrument.
The retrospective operation of this Determination is required to ensure that no ADF member 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 any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities on any persons (other than the Commonwealth) in respect of anything done or omitted to be done before the date this Determination is registered.
This Determination is exempt from disallowance pursuant to Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to Schedule 3 of the Regulations.
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