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

Overview

The Veterans’ Entitlements Act 1986, enacted to provide various benefits to Australian Defence Force (ADF) personnel, addresses the issue of ensuring that ADF members who served in specific operations are recognised as having participated in warlike service. This legislative instrument aims to officially classify certain service in Iraq, specifically service with the United States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation NORTHERN WATCH, as warlike service for the purposes of the Act. This Determination was introduced by the Parliament of Australia to ensure that ADF members who began service on 1 January 1997 are not disadvantaged in their claims for death, injury, or disease that occurred during their service period. The Determination applies retrospectively, taking effect from the date the Minister for Defence agreed to classify the area of operations for this service in Iraq as warlike, which is 16 April 2007.

Scope and Application

The Veterans' Entitlements Act 1986 Determination of warlike service (Operation NORTHERN WATCH) is a legislative instrument designed to classify specific military service as warlike operations for the purposes of the Act. This Determination applies to members of the Australian Defence Force (ADF) who commenced service with the United States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation NORTHERN WATCH from 1 January 1997 onwards. By declaring this service as warlike, the Determination ensures that ADF members who served in this capacity are eligible for benefits under the Act, including treatment for certain cancers, post-traumatic stress disorder, and other prescribed conditions, as well as funeral benefits, Service pensions, access to the Veterans' Counselling Service, and the Victoria Cross Allowance. The retrospective application of this Determination safeguards against disadvantaging any ADF member who may have incurred death, injury, or disease during their service period prior to the registration of this instrument, while ensuring that no rights or liabilities of non-Commonwealth persons are adversely affected.

Key Provisions

The Veterans' Entitlements Act 1986 (the Act) includes various provisions that provide support to members of the Australian Defence Force (ADF) and their families. The Act provides automatic treatment for certain cancers, post-traumatic stress disorder and some other prescribed conditions (Section 12). It also grants access to the Veterans' Counselling Service (Section 16), funeral benefits (Section 20), Service pension (Section 22), and access to the gold card and the Victoria Cross Allowance (Section 26). This Determination is specifically focused on service in Operation NORTHERN WATCH, a coalition operation to patrol the Iraq No-Fly Zones. The key operative section of this Determination (Section 1) declares that service with the United States elements of the coalition force operation to patrol the Iraq No-Fly Zones on Operation NORTHERN WATCH is to be considered as warlike service for the purposes of the Act in Iraq. This applies to service commencing on 1 January 1997, which is the date that members of the ADF began warlike service in Operation NORTHERN WATCH. This retrospective application ensures that ADF members are not disadvantaged if they claim for death, injury or disease that occurred between the time they commenced duty on the operation and the date that this instrument is registered. Importantly, the retrospective application of this Determination does not affect the rights of any persons (other than the Commonwealth) in a way that would 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. The Determination imposes specific obligations on the parties it governs, primarily ensuring that ADF members who served in Operation NORTHERN WATCH are eligible for the benefits provided by the Act. The obligations include providing evidence of service in Operation NORTHERN WATCH to qualify for the benefits under the Act. The Determination also outlines the eligibility criteria for ADF members and their families, ensuring they receive appropriate support and recognition for their service. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this Determination. However, any breaches of the provisions of the Act, of which this Determination forms a part, may result in penalties. The Act itself does not specify maximum penalties, but it is reasonable to infer that breaches could lead to civil or criminal consequences depending on the nature and severity of the breach. Given that the Determination is a legislative instrument, it is subject to the legislative instruments legislation, which includes provisions for disallowance and sunsetting, although this Determination is exempt from these provisions. 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 Determination takes effect on and from 16 April 2007, the date the Minister for Defence agreed to classify the area of operations for this service in Iraq as warlike. Consultation was considered unnecessary pursuant to section 18 of the LIA because the Determination relates to the service of members of the ADF (service instrument).