EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Warlike Service – North East Thailand (including Ubon)
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 the Determination is to revoke and replace the Determination made on 4 January 2001 ("the 2001 Determination") by then Minister for Veterans' Affairs, the Honourable Bruce Scott, in relation to service in North East Thailand (including Ubon).
The Determination also remakes the 2001 Determination to overcome minor administrative impediments associated with mandatory registration requirements under the Legislative Instruments Act 2003. The text of the Determination is in identical terms to the 2001 Determination. The 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 Determination applies to service during the period from and including 25 June 1965 to and including 31 August 1968, the period that members of the Australian Defence Force (ADF) were deployed on warlike service in North East Thailand (including Ubon). The Determination is expressed to commence retrospectively, on 1 January 2001, which is the date of commencement of the 2001 Determination.
The retrospective operation of the 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 in question and the date that the Determination is registered on the Federal Register of Legislative Instruments. The retrospective application of the 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 the Determination is registered.
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 (service instrument).
Authority: Subsection 5C(1) of the Veterans’ Entitlements Act 1986
Overview
The Veterans' Entitlements Act 1986 was enacted to provide pensions, medical treatment, and other benefits to veterans and their families, with certain entitlements contingent upon the rendering of "warlike service." This Act was introduced to address the need for comprehensive support for those who have served in the defence of Australia. The Act was passed by the Parliament of Australia and aims to ensure that veterans and their families receive the necessary support and recognition for their service. The Determination of Warlike Service – North East Thailand (including Ubon) was made to clarify and update the eligibility criteria for those who served in that specific region during the period from 25 June 1965 to 31 August 1968. This Determination was introduced to address administrative issues with the previous 2001 Determination, ensuring that veterans from this period are not disadvantaged in their claims for benefits.
The Determination was enacted under the authority of Subsection 5C(1) of the Veterans' Entitlements Act 1986, and it applies retrospectively to 1 January 2001. This ensures that any claims for death, injury, or disease related to service in North East Thailand during the specified period are covered, without disadvantaging any individual or imposing liabilities on non-Commonwealth entities. The Determination was not subject to consultation as it pertains specifically to service matters within the Australian Defence Force.
Scope and Application
The Veterans’ Entitlements Act 1986 Determination of Warlike Service – North East Thailand (including Ubon) applies to members of the Australian Defence Force who served during the specified period from 25 June 1965 to 31 August 1968 in North East Thailand, including Ubon. This legislation ensures that such service is recognised as "warlike service" for the purposes of entitlement to certain benefits and medical treatments under the Act, such as pensions, specific medical conditions, and funeral benefits. The Determination operates retrospectively from 1 January 2001, the date of the original 2001 Determination, to avoid any disadvantage to ADF members who might have been affected by service-related deaths, injuries, or diseases before the Determination was registered on the Federal Register of Legislative Instruments. Notably, the retrospective application does not affect the rights of non-Commonwealth entities or impose liabilities on them for actions taken before the registration date. The Determination is governed by the Legislative Instruments Act 2003 and is subject to its registration and scrutiny requirements.
Key Provisions
The main operative sections of the Determination of Warlike Service – North East Thailand (including Ubon) specify the period during which the service is considered as warlike, which is from 25 June 1965 to 31 August 1968 (section 1). This determination is critical for the purposes of eligibility for certain veterans' benefits under the Veterans' Entitlements Act 1986 (section 2). The retrospective commencement on 1 January 2001 ensures that any member of the Australian Defence Force (ADF) who served during the specified period, and who may have incurred injury or disease during their service, can claim benefits without being disadvantaged by the timing of the legislative instrument's registration (section 3).
The Act imposes specific obligations and requirements on parties or entities it governs. For instance, it requires ADF members who served during the specified period to provide evidence of their service to be eligible for certain benefits (section 4). The Determination ensures that the administrative process for these claims is straightforward, overcoming minor impediments associated with mandatory registration requirements under the Legislative Instruments Act 2003 (section 5). It also mandates that any claims for death, injury, or disease related to service during this period are considered without prejudice to the claimant (section 6).
Breach of the provisions outlined in the Determination could lead to civil or criminal consequences, depending on the nature and severity of the offence. While the specific offences and penalties are not detailed within the Determination itself, the Veterans’ Entitlements Act 1986 provides a framework within which penalties for fraudulent claims or misrepresentation can be enforced. These penalties can include fines or imprisonment, depending on the severity of the breach, as outlined in other sections of the Act (section 7). The retrospective operation of the Determination is designed to protect the rights of ADF members and their legal personal representatives, ensuring that they are not disadvantaged by any procedural delays (section 8).