Veterans' Entitlements Act 1986 - Determination of Warlike Service - OPERATION JURAL (15/10/2007)

Overview

The Veterans' Entitlements Act 1986 Determination of warlike service (Operation JURAL) was enacted to address the need for recognising service in specific military operations as warlike service for the purposes of the Act. This Determination, made under the authority of Subsection 5C(1) of the Veterans' Entitlements Act 1986, was introduced by the Parliament of Australia to ensure that service with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation JURAL is acknowledged as warlike service. The policy objective of this Determination is to prevent any member of the Australian Defence Force from being disadvantaged in their claims for death, injury, or disease that occurred between the commencement of their duty on the operation and the date of registration of this instrument. This legislative instrument is exempt from disallowance and sunsetting, and it took effect from 16 April 2007, reflecting the date the Minister for Defence agreed to classify the area of operations for this service in Iraq as warlike. Consultation was deemed unnecessary as the Determination pertains to the service of members of the ADF.

Scope and Application

The Veterans’ Entitlements Act 1986 Determination of warlike service (Operation JURAL) applies to members of the Australian Defence Force who engaged in service with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation JURAL, specifically for service commencing on 30 June 1991. This Determination aims to classify such service as warlike for the purposes of the Act, thereby ensuring that affected ADF members are eligible for benefits such as treatment for prescribed conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, and other allowances as stipulated in the Act. The retrospective application of this Determination is designed to prevent any disadvantage to ADF members who may have experienced death, injury, or disease during their service in Iraq prior to the date of the instrument's registration, without affecting the rights or imposing liabilities on any other persons except the Commonwealth. Furthermore, the Determination is exempt from disallowance and sunsetting under the Legislative Instruments Act 2003 and related Regulations, reflecting the Minister for Defence's agreement to classify the area of operations for this service in Iraq as warlike on 16 April 2007.

Key Provisions

The Veterans’ Entitlements Act 1986 (the Act) includes several key provisions that provide benefits to veterans, and the determination in question specifically addresses service in Operation JURAL. This operation, which commenced on 30 June 1991, involved the United Kingdom elements of the coalition force patrolling the Iraq No-Fly-Zones. Section 5C(1) of the Act is significant here, as it allows for the declaration of certain service as warlike, thus entitling the members of the Australian Defence Force (ADF) who served in this operation to the benefits outlined in the Act. These benefits include treatment for certain cancers and post-traumatic stress disorder, access to the Veterans' Counselling Service, funeral benefits, the Service pension, access to the gold card, and the Victoria Cross Allowance. The Act imposes specific obligations on the parties it governs. Firstly, it mandates that service in Operation JURAL be considered warlike service, providing automatic entitlement to the benefits listed above. It also requires that the determination be applied retrospectively to ensure that no ADF member is disadvantaged in claiming for death, injury, or disease that occurred during the period of service. This retrospective application is designed to protect the rights of the veterans without disadvantaging any other parties or imposing liabilities on them prior to the registration of this instrument. In terms of offences, penalties, or consequences for breach, the Act does not explicitly detail specific penalties within the determination itself. However, any breach of the provisions in the Act that govern the entitlements of veterans could lead to civil or criminal consequences, depending on the nature and severity of the breach. The penalties for such breaches would typically be in line with the general provisions of the Act, which may include fines or other legal actions. The Act’s provisions are designed to ensure that veterans receive the benefits to which they are entitled without undue delay or hindrance, and any failure to comply with these provisions could result in serious repercussions for the responsible parties.