EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of warlike and non-warlike service (Operation BOLTON)
The Veterans’ Entitlements Act 1986 (the Act) 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. While some of these require warlike service, others only require non-warlike service for eligibility under the Act.
The purpose of this Determination is to revoke a previous declaration of non-warlike service made by the then Minister for Veterans’ Affairs in relation to this operation and to now declare service with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation BOLTON, as non-warlike service for the purpose of the Act in an amended area of operations by removing Iraq and inserting Incirlik airbase in Turkey and inserting warlike service for the purpose of the Act in Iraq.
This Determination applies to service commencing on 31 August 1992, the day that members of the Australian Defence Force (ADF) began warlike service in Operation BOLTON.
The retrospective application is required to ensure no ADF member is disadvantaged if claiming for death, injury or disease that occurred between the period when they commenced duty on the operation and the date that this instrument is registered. 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.
This Determination takes effect on and from 16 April 2007 reflecting the date the Minister for Defence agreed to amend the area of operations affected by this non-warlike declaration and reclassified service in Iraq as warlike.
Consultation was considered unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF (service instrument).
Authority: Subsection 5C(1) of the Veterans’ Entitlements Act 1986
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide a range of benefits to veterans, including treatment for certain conditions, access to counselling services, funeral benefits, pensions, and allowances. This Act aims to support veterans who have served in warlike or non-warlike operations. One of its key objectives is to ensure that service members are appropriately classified to access the benefits they are entitled to. The explanatory statement reveals that the Act has been amended to address a specific gap in the classification of service during Operation BOLTON, where the original classification of non-warlike service was revoked, and the area of operations was amended to better reflect the circumstances of the service.
The Determination of warlike and non-warlike service (Operation BOLTON) was introduced by the Minister for Defence and is a legislative instrument under the Legislative Instruments Act 2003. The Determination aims to rectify the classification of service in Operation BOLTON, ensuring that ADF members are not disadvantaged in their claims for death, injury, or disease. By amending the area of operations and reclassifying service in Iraq as warlike, the Determination aims to provide clarity and fairness in the application of the Veterans’ Entitlements Act 1986 to those who served. This legislative instrument is exempt from disallowance and sunsetting provisions, ensuring its ongoing relevance and effectiveness in supporting veterans.
Scope and Application
The Veterans’ Entitlements Act 1986 provides various benefits to eligible veterans, including automatic treatment for certain conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, access to gold card, and the Victoria Cross Allowance. These entitlements can depend on whether the service was warlike or non-warlike. The Act's scope extends to all individuals who have served in the Australian Defence Force, and it applies to both Commonwealth and state jurisdictions. This Determination, which revokes a previous declaration and reclassifies service related to Operation BOLTON, applies to service commencing on 31 August 1992. The retrospective application ensures that no ADF member is disadvantaged when claiming for death, injury, or disease that occurred during their service. This Determination is exempt from disallowance and sunsetting provisions and took effect on 16 April 2007. It specifically addresses service with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones by classifying service at Incirlik airbase in Turkey as non-warlike, while reclassifying service in Iraq as warlike.
Key Provisions
The Veterans’ Entitlements Act 1986 (VEA) outlines various benefits for veterans, including treatment for specific medical conditions, access to counselling services, funeral benefits, pensions, and allowances. Certain benefits require service in warlike conditions, while others only necessitate non-warlike service (section 5C). This Determination specifically addresses the reclassification of service under Operation BOLTON, which involved patrolling the Iraq No-Fly Zones, and aims to rectify a previous declaration of non-warlike service by reclassifying certain service areas and conditions.
The operative sections of this Determination focus on the reclassification of service areas and conditions for Operation BOLTON, which began on 31 August 1992. By removing Iraq and inserting Incirlik airbase in Turkey as areas of non-warlike service, and by reclassifying service in Iraq as warlike, the Determination aims to ensure that veterans are correctly classified for the purposes of the VEA (section 5C(1)). This reclassification is intended to provide accurate eligibility for benefits under the Act, ensuring that no veteran is disadvantaged in their claims for death, injury, or disease that occurred during the operation.
Under this Determination, the obligations imposed on the parties primarily involve the correct classification of service for eligibility under the VEA. Service members must be accurately assessed regarding the nature of their service to determine eligibility for specific benefits. The Determination requires that any service performed in Iraq under Operation BOLTON be classified as warlike, while service at Incirlik airbase in Turkey is classified as non-warlike (section 5C). The retrospective application of this Determination ensures that any claims for benefits related to service from the commencement date of 31 August 1992 are processed correctly, without disadvantaging any veteran.
Breach of the provisions outlined in this Determination could result in civil or administrative penalties, though the text does not specify any particular penalties. The focus of the Determination is on the correct classification of service rather than punitive measures. It is designed to ensure that veterans receive the benefits to which they are entitled under the VEA without the need for additional legislative action to address breaches. This Determination, being a legislative instrument, is exempt from disallowance and sunsetting, reinforcing its legal standing and permanence in governing the classification of service under Operation BOLTON.