EXPLANATORY STATEMENT
Veterans' Entitlements (Continuous Full-time Service - Operation Falconer) Determination
EMPOWERING PROVISION
Paragraph 5R(1)(a) of the Veterans' Entitlements Act 1986.
PURPOSE
To deem official war artists and official war photographers who were attached to the Australian Defence Force (ADF) in Iraq on Operation Falconer, on or after 13 April 2003, to be members of the ADF while providing services on the Operation thereby making them eligible for the same entitlements under the Veterans' Entitlements Act 1986 that members of the ADF would be eligible to receive.
RETROSPECTIVITY
The attached instrument applies to the relevant class of persons on or after 13 April 2003 ie before it was registered on the Federal Register of Legislative Instruments. Subsection 12(2) of the Legislative Instruments Act 2003 provides (as paraphrased) that retrospective legislative instruments that negatively affect citizens are of no effect. The attached instrument does not fall within this prohibition because it is beneficial in nature and does not disadvantage any person or impose liabilities on any person (other than the Commonwealth).
CONSULTATION
The Rule-Maker (Minister for Veterans' Affairs) decided that consultation in respect of the attached instrument was not necessary for the following reasons:
- the instrument was beneficial in nature;
- the instrument was identical to a previous instrument that had been operating successfully since 2003;
- it was necessary to make the instrument relatively quickly (before the end of 2005) because the original instrument on which it was based could not be found, meaning it could not be registered under the Legislative Instruments Act 2003, the result being that the original instrument would, by virtue of the Legislative Instruments Act 2003, be automatically repealed in 2006 and therefore a replacement instrument needed to be made;
- the Legislative Instruments Act 2003 cites "service instruments" (ie instruments like the one attached) as an example of a legislative instrument in respect of which consultation may be inappropriate (para.18(g)).
Overview
The Veterans' Entitlements (Continuous Full-time Service - Operation Falconer) Determination 2005 was enacted to address the eligibility of official war artists and official war photographers who were attached to the Australian Defence Force (ADF) during Operation Falconer in Iraq on or after 13 April 2003. The purpose of this determination is to deem these individuals as members of the ADF while they were providing services on the operation, thereby granting them the same entitlements under the Veterans' Entitlements Act 1986 as other ADF members would receive. This legislation was introduced to ensure that these war artists and photographers are not disadvantaged due to their specific roles during the operation. The determination was made by the Minister for Veterans' Affairs, acting under the authority granted by Paragraph 5R(1)(a) of the Veterans' Entitlements Act 1986. The policy objective of this determination is to provide equitable treatment and benefits to those who served in a unique capacity during the operation, recognising their contributions and sacrifices in a manner consistent with other ADF members.
Scope and Application
The Veterans' Entitlements (Continuous Full-time Service - Operation Falconer) Determination applies to official war artists and official war photographers who were attached to the Australian Defence Force (ADF) in Iraq on Operation Falconer on or after 13 April 2003. This legislation is enacted under the empowering provision of Paragraph 5R(1)(a) of the Veterans' Entitlements Act 1986, and its purpose is to ensure that these individuals are deemed to be members of the ADF for the duration of their service on the operation, thus making them eligible for the same entitlements under the Veterans' Entitlements Act 1986 as other ADF members. The instrument is retrospective and applies to the relevant class of persons from the specified date, although it does not negatively affect citizens, thereby not falling under the prohibitions of the Legislative Instruments Act 2003. The Minister for Veterans' Affairs deemed consultation unnecessary for this instrument due to its beneficial nature, its similarity to a previous successful instrument, the urgency of its creation, and the specific circumstances regarding the original instrument's registration.
Key Provisions
The Veterans' Entitlements (Continuous Full-time Service - Operation Falconer) Determination primarily focuses on recognising the service of official war artists and official war photographers who were attached to the Australian Defence Force (ADF) during Operation Falconer in Iraq. According to section 1(1), these individuals are deemed to be members of the ADF for the duration of their service, thereby making them eligible for the same entitlements as ADF members under the Veterans' Entitlements Act 1986. This determination applies to services provided on or after 13 April 2003, the date when Operation Falconer commenced.
The obligations imposed by this determination include the recognition and acknowledgment of the official war artists and photographers as ADF members during the specified operation, ensuring they receive the entitlements and benefits that would be available to ADF personnel. These benefits may encompass a range of entitlements such as pensions, medical and health services, rehabilitation services, and other support mechanisms provided under the Veterans' Entitlements Act 1986.
Regarding the consequences of non-compliance, the determination does not explicitly outline offences or penalties for breaches. However, it is implied that the Commonwealth would be responsible for any liabilities incurred as a result of this determination. The explanatory statement clarifies that the determination is beneficial and does not disadvantage any person or impose liabilities on any person other than the Commonwealth. It also mentions that the instrument was deemed not to require consultation as it was beneficial in nature and similar to a previous successful instrument, expediting its creation and implementation to prevent the automatic repeal of the original instrument under the Legislative Instruments Act 2003.