EXPLANATORY STATEMENT
Veterans’ Entitlements Act 1986
Revocation of Determination of Warlike Service – North East Thailand (including Ubon)
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 access to disability and service pensions, access to Repatriation health cards, automatic treatment for certain cancers, post traumatic stress disorder and some other prescribed conditions, access to the Veterans and Veterans Families Counselling Service, funeral payments and other benefits. Eligibility for these entitlements and benefits under the Act is in most cases dependent on the nature of the service rendered by the veteran or former member of the Defence Force.
The purpose of this Determination is to revoke the Determination of warlike service made on 28 November 2005 ("the 2005 Determination") by then Minister for Veterans' Affairs, the Honourable De-Anne Kelly, in relation to service in North East Thailand (including Ubon). 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 commences on the day after the day it is registered on the Federal Register of Legislative Instruments.
Eligibility for the benefits previously associated with the Determination of warlike service are provided through the inclusion of service in North-East Thailand (including Ubon) from and including 25 June 1965 to and including 31 August 1968 in Schedule 2 of the Act, thus granting the personnel concerned qualifying service, effective from 1 July 2010. The revocation therefore does not affect the rights of a person so as to disadvantage that person, nor does it impose liabilities on a person in respect of anything done or omitted to be done before the date this Determination is registered on the Federal Register of Legislative Instruments.
The Department of Defence was consulted in relation to the Determination but additional 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 (service instrument).
Authority: Subsection 5C(1) of the Veterans’ Entitlements Act 1986