EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of warlike service (Operation CATALYST)
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 the previous Determination made for Operation CATALYST and provides that this Determination replaces that earlier instrument to declare service with the Australian Defence Force (the ADF) contribution in support of the United States led coalition operations in Iraq, on Operation CATALYST for the period 16 July 2003 to 31 July 2009 as warlike service for the purpose of the Act.
This Determination applies to service for the period 16 July 2003 to 31 July 2009, the period members of the ADF rendered warlike service in Operation CATALYST in the Specified Area.
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.
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 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.
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 (VEA) was enacted to provide a range of benefits to Australian Defence Force (ADF) members, including medical treatment for specific conditions, access to counselling services, funeral benefits, pensions, and allowances. The VEA addresses the gap in entitlements for ADF members who have served in warlike operations, ensuring they receive appropriate support for any injuries or diseases contracted during their service. This Act was introduced by the Parliament of Australia to provide comprehensive support to veterans and their families.
The Determination of warlike service (Operation CATALYST) under the VEA was created to specifically classify service in Iraq from 16 July 2003 to 31 July 2009 as warlike service for the purposes of the Act. This legislative instrument revokes a previous Determination and ensures that ADF members who served in Operation CATALYST are recognised and eligible for the benefits provided under the VEA. The retrospective application of this Determination ensures that ADF members are not disadvantaged if they are claiming for death, injury, or disease that occurred during their service in the specified period.
Scope and Application
The Veterans’ Entitlements Act 1986 Determination of warlike service (Operation CATALYST) serves to officially recognise certain service rendered by members of the Australian Defence Force (ADF) as warlike for the purposes of the Act. This Determination specifically addresses the service period from 16 July 2003 to 31 July 2009, during which ADF members contributed to United States-led coalition operations in Iraq under Operation CATALYST. By categorising this service as warlike, the Determination ensures that ADF members and their families are eligible for various benefits provided under the Act, such as treatment for specific conditions, counselling services, funeral benefits, pensions, and allowances. The retrospective application of this Determination ensures that no ADF member is disadvantaged in their claims for death, injury, or disease that may have occurred during or after their service period, reinforcing the Act's commitment to support veterans comprehensively.
Key Provisions
The Veterans' Entitlements Act 1986 (VEA) provides a variety of benefits to individuals who have served in the Australian Defence Force (ADF). Section 5C(1) of the VEA allows for the declaration of specific military operations as warlike service, which is necessary for eligibility to certain benefits. The Determination of warlike service (Operation CATALYST) is a legislative instrument that aims to classify service during Operation CATALYST in Iraq, from 16 July 2003 to 31 July 2009, as warlike service under the VEA. This means that ADF members who served during this period can access certain benefits that are contingent on having participated in warlike service.
The obligations imposed by this Determination include the requirement for ADF members who served in Operation CATALYST within the specified timeframe to meet the eligibility criteria for benefits outlined in the VEA. These benefits can include automatic treatment for certain cancers, post-traumatic stress disorder, and other prescribed conditions, as well as access to the Veterans' Counselling Service, funeral benefits, Service pension, access to the gold card, and the Victoria Cross Allowance. The Determination ensures that ADF members who served during Operation CATALYST are recognised and supported in the same way as those who have served in other warlike operations.
Breaching the provisions of this Determination could have serious consequences, although specific offences or penalties are not detailed in the Determination itself. Under the VEA, failure to comply with the Act’s provisions could potentially result in civil or criminal penalties, depending on the nature and severity of the breach. The VEA provides for various penalties for fraudulent claims or misrepresentations, which could include fines or imprisonment. The exact penalties would be determined in the context of the broader VEA and other relevant legislation.
The retrospective application of this Determination ensures that ADF members are not disadvantaged if they are claiming benefits for death, injury, or disease that occurred during their service in Operation CATALYST. This means that the Determination applies to all eligible claims made from the date of the operation, regardless of when the claim is submitted. Importantly, the retrospective application does not affect the rights of any persons other than the Commonwealth, nor does it impose any liabilities on parties other than the Commonwealth in respect of actions taken prior to the registration of the Determination.