EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Determination of Warlike Service – Vietnam (Southern Zone)
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. Some of these entitlements and benefits require a member to have rendered "warlike service"; others only require "non-warlike service" for eligibility under the Act.
The purpose of this Determination is to revoke and replace the Determination made on 23 December 1997 ("the 1997 Determination") by then Minister for Defence Industry, Science and Personnel, the Honourable Bronwyn Bishop, in relation to service in Vietnam (Southern Zone). This Determination also remakes the 1997 Determination to overcome minor administrative impediments associated with mandatory registration requirements under the Legislative Instruments Act 2003. The text of this Determination is in similar terms to the 1997 Determination. This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and is therefore subject to the registration and Parliamentary scrutiny regime outlined in the LIA.
This Determination applies to service during the period from and including 12 January 1973 to 29 April 1975, the period that members of the Australian Defence Force (ADF) were deployed on warlike service in Vietnam (Southern Zone). This Determination is expressed to commence retrospectively, from 12 January 1973, which is the date specified in the instrument (and the date of commencement of the 1997 Determination).
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 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 a person (other than the Commonwealth or an authority of the Commonwealth) so as to disadvantage that person nor does it impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date this Determination is registered.
Consultation was considered inappropriate and 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 (VEA) was enacted to provide pensions, benefits, and medical treatment to veterans and their families. This legislation includes provisions for specific conditions, access to support services, and funeral benefits. In this context, the 1997 Determination made by the Minister for Defence Industry, Science and Personnel, the Honourable Bronwyn Bishop, aimed to classify service in Vietnam (Southern Zone) as "warlike service." This Determination was revoked and replaced by the current one to address minor administrative issues under the Legislative Instruments Act 2003. This legislative instrument applies to ADF members who served in Vietnam (Southern Zone) from 12 January 1973 to 29 April 1975, ensuring that no member is disadvantaged when claiming for injuries or diseases from that period. The retrospective effect of this Determination is designed to protect the rights of service members and their representatives, while not imposing liabilities on non-Commonwealth entities for actions taken prior to its registration.
This Determination is a legislative instrument governed by the Legislative Instruments Act 2003, and it is subject to the registration and scrutiny processes outlined in that Act. The objective of this Determination is to maintain the integrity of veterans' entitlements by ensuring that ADF members who served in the specified period are appropriately recognised for their warlike service. The retrospective operation of this Determination is crucial in protecting the entitlements of service members, ensuring that any claims related to their service, including those for death, injury, or disease, are not hindered by administrative delays.
Scope and Application
The Veterans' Entitlements Act 1986 Determination of Warlike Service – Vietnam (Southern Zone) applies to members of the Australian Defence Force who served in Vietnam's Southern Zone between 12 January 1973 and 29 April 1975. The Determination, which revokes and replaces the 1997 version, is designed to ensure that ADF members are not disadvantaged in claiming for death, injury, or disease that occurred during their service. It is expressed to operate retrospectively from the date of commencement, 12 January 1973, to address any claims made prior to the registration of this Determination on the Federal Register of Legislative Instruments. The Determination is subject to the registration and scrutiny regime outlined in the Legislative Instruments Act 2003, although consultation was deemed unnecessary due to its specific application to ADF service. This Determination applies across the Commonwealth of Australia, extending its jurisdictional reach to all eligible ADF members who served in the specified period and zone.
Key Provisions
The main operative sections of this Determination (F2006L02932) focus on the recognition of warlike service rendered by Australian Defence Force (ADF) members in Vietnam's Southern Zone from 12 January 1973 to 29 April 1975. This determination seeks to replace and revoke the previous Determination made in 1997, addressing any administrative issues under the Legislative Instruments Act 2003. The primary objective is to ensure ADF members are not disadvantaged in their claims for death, injury, or disease that occurred during their service. This Determination applies retrospectively from 12 January 1973, the commencement date of the original 1997 Determination.
The Act imposes several obligations and requirements on the parties it governs. Firstly, ADF members who served in the specified period in Vietnam's Southern Zone are to be recognised as having rendered warlike service, thereby qualifying them for certain benefits under the Veterans' Entitlements Act 1986. This includes automatic treatment for certain conditions such as specific cancers and post-traumatic stress disorder. The determination also mandates that the Commonwealth and its authorities are not to be disadvantaged or imposed with new liabilities for actions or omissions before the Determination was registered. The retrospective operation ensures that all ADF members can claim benefits without prejudice, provided the service period falls within the specified timeframe.
Breach of the provisions outlined in this Determination can lead to various civil or criminal consequences. While specific offences and penalties are not detailed in this Determination, it is understood that violations of the Veterans' Entitlements Act 1986 can lead to substantial penalties. For instance, fraudulent claims or misrepresentation of service can result in fines or imprisonment. The maximum penalties can vary depending on the severity of the breach, but they are designed to ensure the integrity of the benefits system and the protection of veterans’ entitlements. The retrospective application is crafted to avoid disadvantaging ADF members or imposing liabilities on others for actions prior to the Determination's registration.