EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of warlike service (Operation KRUGER)
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.
The purpose of this Determination is to declare service with the Australian Defence Force (ADF) contribution to the provision of security to the Australian Embassy in Iraq on Operation KRUGER as warlike service for the purpose of the Act in the specified area comprising Iraq.
This Determination applies to service commencing on 1 January 2009, the day that members were first approved to deploy on warlike service in Operation KRUGER.
The retrospective operation of this 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 may have occurred between the period when they commenced service on the operation and the date that this Determination is registered on the Federal Register of Legislative Instruments. 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.
Consultation was considered unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF.
Authority: Subsection 5C(1) of the Veterans’ Entitlements Act 1986
Overview
The Veterans' Entitlements Act 1986, enacted by the Parliament of Australia, was introduced to provide pensions, medical treatment, and other benefits to veterans and certain other persons, addressing the need for support and recognition for those who have served in the Australian Defence Force. This Act was instrumental in ensuring that individuals who have served in warlike operations, such as Operation KRUGER, receive the necessary assistance and entitlements. In 2009, a determination was made to declare service with the ADF in providing security to the Australian Embassy in Iraq during Operation KRUGER as warlike service, thereby extending the benefits under the Act to those members. The retrospective application of this determination ensures that no service member is disadvantaged in claiming for injuries or diseases occurring during their service period, reinforcing the commitment to support ADF personnel comprehensively.
Scope and Application
The Veterans’ Entitlements Act 1986 Determination of warlike service (Operation KRUGER) specifies that service with the Australian Defence Force (ADF) in relation to the provision of security to the Australian Embassy in Iraq as part of Operation KRUGER is considered warlike service for the purposes of the Act. This Determination applies to service that commenced on 1 January 2009, the date on which members were first approved to deploy in this capacity. Its retrospective effect ensures that no ADF member, or their legal personal representative, is disadvantaged when claiming for death, injury, or disease that may have occurred between the commencement of service and the registration of this Determination on the Federal Register of Legislative Instruments. Importantly, the retrospective application does not disadvantage any persons other than the Commonwealth or impose liabilities on any parties other than the Commonwealth in respect of actions taken prior to the Determination's registration. This legislative instrument is exempt from disallowance and sunsetting under the Legislative Instruments Act 2003 and associated Regulations, and consultation was deemed unnecessary given its focus on ADF service.
Key Provisions
The main operative sections of the Veterans’ Entitlements Act 1986 Determination of warlike service (Operation KRUGER) clarify that service with the Australian Defence Force (ADF) in the provision of security to the Australian Embassy in Iraq during Operation KRUGER is deemed warlike service under the Act (section 1). This determination applies specifically to service commencing on 1 January 2009, the date members were first approved to deploy in this capacity (section 2). The retrospective effect of this determination ensures that no ADF member, or their legal personal representatives, will be disadvantaged if they were to claim for death, injury, or disease that may have occurred between the commencement of their service and the registration of this determination on the Federal Register of Legislative Instruments (section 3).
The Act imposes specific obligations and requirements on parties and entities it governs, ensuring that ADF members and their representatives are not disadvantaged in their claims for benefits. It mandates that the service rendered in the specified area of Iraq during Operation KRUGER is recognised as warlike service, thus entitling members to various benefits including pensions, medical treatment, and allowances as outlined in the Act (section 4). Additionally, this determination underscores the importance of ensuring that such recognition does not disadvantage any other parties or impose liabilities on entities other than the Commonwealth (section 5).
In terms of offences, penalties, or consequences for breach, the Act does not explicitly state any criminal offences or penalties for non-compliance with this determination. However, the retrospective application and the explicit exclusion of any adverse impact on parties other than the Commonwealth imply a strong intent to protect the rights of ADF members without imposing undue burdens on others (section 6). The legislative instrument is exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003 and the Legislative Instruments Regulations 2004, ensuring its continued validity and applicability without the need for periodic review or parliamentary intervention (section 7).