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
Overview
The Veterans’ Entitlements Act 1986, enacted to provide pensions, medical treatment, and other benefits to veterans and their families, has been subject to amendments over the years to ensure its provisions remain relevant and fair. One such amendment is the revocation of the Determination of Warlike Service – North East Thailand (including Ubon), which was originally made on 28 November 2005 by the Minister for Veterans' Affairs. This legislative instrument, F2011L00380, aims to revoke the 2005 Determination concerning the service period in North East Thailand from 25 June 1965 to 31 August 1968, but does not affect the eligibility for benefits of those who served during that time, as their service has been incorporated into Schedule 2 of the Act. The revocation is subject to the registration and scrutiny requirements of the Legislative Instruments Act 2003 and follows consultation with the Department of Defence, with further consultation deemed unnecessary under section 18 of the LIA. This legislative change ensures the Act continues to accurately reflect the service conditions of veterans.
Scope and Application
The Veterans’ Entitlements Act 1986, which provides for the payment of pensions, benefits, and medical treatment to veterans and certain other persons, has undergone a significant revision through the Revocation of Determination of Warlike Service – North East Thailand (including Ubon). This legislative instrument revokes the 2005 Determination concerning warlike service in North East Thailand, impacting the eligibility criteria for benefits previously associated with that service. By revoking the 2005 Determination, the Act now includes service in North-East Thailand from 25 June 1965 to 31 August 1968 in Schedule 2, thereby ensuring that personnel who served in this period receive qualifying service, effective from 1 July 2010. This change is designed to maintain the rights of individuals without disadvantaging them or imposing new liabilities for actions taken prior to the registration of this Determination on the Federal Register of Legislative Instruments. The revocation is a legislative instrument under the Legislative Instruments Act 2003, subject to the registration and Parliamentary scrutiny regime, ensuring transparency and accountability in the legislative process.
Key Provisions
The Veterans' Entitlements Act 1986 (the Act) includes a provision to determine periods of warlike service, which entitles veterans to certain benefits. This act provides a comprehensive framework for the payment of pensions and other benefits to veterans and certain other persons, as well as for medical treatment and other purposes (s. 3). The Act includes specific sections detailing the types of pensions and benefits available, such as disability and service pensions, access to Repatriation health cards, treatment for certain conditions, counselling services, funeral payments, and other benefits (s. 5, 5A, 5B). Eligibility for these entitlements generally depends on the nature of the service rendered by the veteran.
The revocation of the Determination of warlike service in North East Thailand (including Ubon) (s. 5C) was made to clarify and correct the eligibility criteria for veterans' benefits. This determination was initially made on 28 November 2005 but has been revoked by the current legislative instrument. This revocation ensures that veterans who served in North East Thailand between 25 June 1965 and 31 August 1968 are recognised and eligible for the benefits provided under the Act. This change was made to ensure that the rights of affected veterans are not disadvantaged and that no new liabilities are imposed on them retroactively.
The Act imposes certain obligations on the parties it governs, including the requirement to provide accurate and complete information about service and eligibility for benefits. The Department of Defence was consulted in relation to this determination, ensuring that the changes align with the service records of the Australian Defence Force members. The revocation of the 2005 Determination ensures that the Act accurately reflects the service periods for which veterans are eligible for benefits, without creating any new liabilities for those who served before the revocation.
The Legislative Instruments Act 2003 (LIA) governs the creation and operation of legislative instruments such as this revocation. The LIA outlines the registration and Parliamentary scrutiny regime, ensuring that any changes to existing legislation are properly vetted and communicated. There are no specified offences or penalties for breaching this revocation directly, as it is a clarification of existing entitlements rather than a new regulatory framework. However, any failure to comply with the requirements of the Veterans' Entitlements Act 1986 could result in civil or criminal consequences as outlined in other sections of the Act. The Act aims to protect the rights of veterans and ensure they receive the benefits they are entitled to without imposing undue burdens or liabilities.