EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
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 declare service with the International Military Advisory and Training Team in Sierra Leone, on OPERATION HUSKY, as warlike service for the purpose of the Act.
This Determination applies to service commenced on 15 January 2001, the day that members of the Australian Defence Force (ADF) began warlike service in OPERATION HUSKY.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA). The Determination takes effect retrospectively from 15 January 2001, which is the date specified in the instrument.
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.
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: Paragraph 5C(1) of the Veterans’ Entitlements Act 1986