Veterans' Entitlements Act 1986 - Determination of Warlike Service - OPERATION SLIPPER (16/12/2009)

Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to provide a range of benefits and services to veterans and their families, addressing the need to recognise and compensate individuals who have served in the Australian Defence Force. This legislation includes provisions for treatment of specific conditions, access to counselling and pension services, as well as funeral benefits. To address the evolving nature of military operations, the Act includes mechanisms to declare certain services as "warlike service," thus extending eligibility for benefits. The Veterans’ Entitlements Act 1986 Determination of warlike service (Operation SLIPPER) was introduced to specifically include service on Operation SLIPPER as warlike service, thereby ensuring that ADF members participating in this operation are eligible for the benefits provided under the VEA. This Determination was made by the relevant authority under subsection 5C(1) of the VEA and applies to service commenced on 31 July 2009, the date ADF members began their warlike service in Operation SLIPPER. The objective of this Determination is to formally recognise the service of ADF members in the International Coalition Against Terrorism, thereby ensuring they receive the appropriate benefits and support.

Scope and Application

The Veterans’ Entitlements Act 1986 (the Act) aims to provide various benefits and allowances to eligible veterans, including treatment for specific medical conditions, access to counselling services, funeral benefits, pensions, and allowances such as the Victoria Cross Allowance. This Act applies to persons who have served in the Australian Defence Force (ADF), including current and former members, as well as their dependents. The Act's jurisdiction extends throughout Australia, applying uniformly across all states and territories. This Determination under the Act specifically addresses service related to Operation SLIPPER, which was part of the International Coalition Against Terrorism, and seeks to classify such service as warlike for the purposes of the Act. It applies to service commenced on 31 July 2009, and is a legislative instrument exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003. The Determination is effective in recognising the service of ADF members in the specified operation and is considered an essential addition to the legislative framework without the need for further consultation due to its direct relation to service instruments.

Key Provisions

The main operative sections of the Determination (F2010L00178) pertain to the classification of service under Operation SLIPPER as warlike service under the Veterans’ Entitlements Act 1986 (the Act). Specifically, section 1 of the Determination declares that service with the Australian Defence Force (ADF) in contribution to the International Coalition Against Terrorism, specifically on Operation SLIPPER, is to be considered warlike service for the purposes of the Act. This declaration is crucial as it ensures that the ADF members who served on Operation SLIPPER are eligible for benefits outlined in the Act, such as automatic treatment for certain cancers, post-traumatic stress disorder, and other prescribed conditions, access to the Veterans' Counselling Service, funeral benefits, Service pension, access to the gold card, and the Victoria Cross Allowance (section 1(1)). The Determination applies to service that commenced on 31 July 2009, which marks the day that ADF members began their warlike service in the specified area under Operation SLIPPER (section 1(2)). The Determination imposes specific obligations and requirements on the parties it governs. Primarily, it mandates that ADF members who served on Operation SLIPPER from the specified start date onwards are recognised as having undertaken warlike service. This recognition is necessary to ensure that these individuals can access the full range of benefits provided under the Act. The Determination also necessitates that relevant authorities, such as the Department of Veterans' Affairs, consider these members as eligible for the various entitlements outlined in the Act. This requirement is crucial for the effective administration and distribution of benefits to the affected ADF members (section 1(1) and (2)). Furthermore, the Determination outlines the civil and criminal consequences for any breach of the provisions within the Act. While the Determination itself does not explicitly state penalties, the overarching Veterans’ Entitlements Act 1986 provides a framework within which breaches can be addressed. Under the Act, penalties for offences can include fines and imprisonment, with specific maximum penalties varying depending on the nature and severity of the offence. For instance, section 220 of the Act outlines penalties for fraud, which can include substantial fines and imprisonment terms that reflect the seriousness of the offence. The Determination, by ensuring that ADF members are correctly classified as having undertaken warlike service, indirectly supports the enforcement of these penalties by ensuring the accurate application of the Act's provisions.