Veterans' Entitlements Act 1986 - Determination of warlike service - OPERATION TAMAR (26/03/2006)

Overview

The Veterans' Entitlements Act 1986 (VEA) was enacted to provide various benefits and entitlements to veterans who have served in warlike or prescribed conditions. The Act includes provisions for treatment of certain conditions, access to counselling services, funeral benefits, pensions, and allowances. This Act was introduced to address the need for a comprehensive legal framework to support veterans in Australia. The determination, which was issued in 2006, specifically aims to classify service with the United Nations Assistance Mission in Rwanda, under Operation TAMAR, as warlike service for the purposes of the VEA. This reclassification was enacted by the Commonwealth of Australia, reflecting a shift in policy to recognise the hazardous nature of the service provided by the Australian Defence Force in Rwanda. The determination ensures that veterans who served in this operation are eligible for benefits and entitlements under the VEA, without any retrospective disadvantage.

Scope and Application

The Veterans’ Entitlements Act 1986 Determination of warlike service (Operation TAMAR) applies to members of the Australian Defence Force who commenced service on 25 July 1994 as part of the United Nations Assistance Mission in Rwanda, also known as Operation TAMAR. This legislative instrument aims to classify such service as warlike for the purposes of eligibility under the Veterans’ Entitlements Act 1986, ensuring that ADF members are not disadvantaged in claiming benefits for death, injury, or disease occurring between their commencement of duty and the date of registration of this instrument. The retrospective effect ensures that the classification takes into account any claims that may have been pending or could arise in the future, without imposing any new liabilities or disadvantages on individuals or entities other than the Commonwealth. This Determination revokes a previous declaration regarding hazardous service and is effective from 13 February 2006, aligning with the date when the reclassification of Rwandan service was announced.

Key Provisions

The main operative sections of the Determination of Warlike Service (Operation TAMAR) under the Veterans’ Entitlements Act 1986 (VEA) focus on reclassifying service in the United Nations Assistance Mission in Rwanda (UNAMIR) during Operation TAMAR as warlike service. This is significant as it allows for certain entitlements under the VEA that require warlike service, such as specific treatments, counselling services, and pensions. The Determination takes effect from 13 February 2006, which is the date the reclassification of Rwandan service was announced, and it applies retrospectively to service commenced on 25 July 1994, the day ADF members began their duties in Operation TAMAR. This retrospective effect ensures that no member of the Australian Defence Force (ADF) is disadvantaged if they are claiming for death, injury, or disease that occurred between the commencement of the operation and the registration of the Determination. The Act imposes certain obligations and requirements on the parties it governs, particularly the ADF members who served in Operation TAMAR. These members now qualify for warlike service benefits under the VEA, including the treatment of certain cancers, post-traumatic stress disorder, and other prescribed conditions. They are also eligible for access to the Veterans' Counselling Service, funeral benefits, Service pension, and the Victoria Cross Allowance. Furthermore, the retrospective nature of this Determination ensures that ADF members who might have already claimed or are yet to claim for conditions related to their service are not disadvantaged due to the timing of the reclassification. Breaching the provisions of the Determination could lead to serious consequences. Under the Legislative Instruments Act 2003 (LIA), this Determination is a legislative instrument that is not subject to disallowance or sunsetting. The consequences for non-compliance would typically involve legal actions against the Commonwealth or its agencies for any liabilities imposed by the Determination. The Act ensures that the retrospective application of the Determination does not adversely affect the rights of any persons other than the Commonwealth or impose liabilities on anyone other than the Commonwealth for actions taken before the Determination was registered. It is clear that the focus of this Determination is to protect the rights and entitlements of ADF members without unfairly impacting other parties.