EXPLANATORY STATEMENT
Veterans’ Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2025
This Determination amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019 (the Principal Determination) made under subsection 5C(1) of the Veterans’ Entitlements Act 1986 (the Act), which provides for the payment of pensions and other benefits to, and medical treatment for, veterans and certain other persons, and for other purposes.
This Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is exempt from disallowance pursuant to item 33 in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 (the Regulations) and is also exempt from sunsetting pursuant to item 65 in section 12 of the Regulations.
Subsection 5C(1) of the Act defines non-warlike service as meaning service in the Defence Force of a kind determined in writing by the Defence Minister to be non-warlike service.
A determination of non-warlike service under the Act allows the Repatriation Commission to apply a more beneficial standard of proof when assessing a claim for liability of a veteran’s injury, disease or death in relation to a period of non-warlike service. This beneficial standard of proof reflects an understanding of the unique nature of military service and the risks associated with service on warlike or non-warlike operations.
The purpose of this Determination is to make the following changes:
- To include a new non-warlike operation.
- To amend the period of operation for 2 non-warlike operations.
- To include an operation name for a non-warlike operation.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this Determination commences on the day after registration.
Section 3 identifies that this Determination is made under the definition of non‑warlike service in subsection 5C(1) of the Veterans’ Entitlements Act 1986.
Section 4 provides that each instrument that is specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Determination has effect according to its terms.
The historical dates in this Determination do not affect the rights of a person (other than the Commonwealth) in a manner prejudicial to that person, nor does it impose any liability on such a person (other than the Commonwealth). The retrospective application of this Determination is required to ensure that no ADF member (or their legal personal representative) is disadvantaged if claiming for death, injury or disease that may have occurred between the period when they commenced service on the operation and the commencement of this Determination.
Schedule 1—Non-warlike service amendment
Item 1 amends item 32C of the table at section 1 of Schedule 1 of the Principal Determination to provide that service supporting Operation OKRA ended on 31 December 2024 for the purposes of the definition of non-warlike service in subsection 5C(1) of the Act.
Item 2 amends item 40 of the table at section 1 of Schedule 1 of the Principal Determination to provide that service supporting Operation LILIA ended on 31 August 2024 for the purposes of the definition of non-warlike service in subsection 5C(1) of the Act.
Item 3 amends item 41 of the table at section 1 of Schedule 1 of the Principal Determination to provide that the name of the operation provided by the item is Operation KUDU.
Item 4 inserts a new item 41A into the table at section 1 of Schedule 1 of the Principal Determination which provides that from 25 April 2024 service in support of Ukraine’s self-defence is a non-warlike operation for the purposes of the definition of non-warlike service in subsection 5C(1) of the Act.
Consultation
The Department of Veterans’ Affairs were consulted during the classification process. It is noted that decisions about the nature of service are subject to bipartisan consultation through Government and do not impact business or competition.
Authority: Subsection 5C(1) of the
Veterans’ Entitlements Act 1986
Overview
The Veterans’ Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2025 amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019, which provides for the payment of pensions, other benefits, and medical treatment to veterans and certain other persons under the Veterans’ Entitlements Act 1986. This legislative instrument, enacted by the Department of Veterans' Affairs, aims to address specific gaps in the definition of non-warlike service by including new operations and adjusting the periods for existing operations. This amendment ensures that the benefits and medical treatment provided under the Act are updated to reflect current and past military operations accurately, thereby maintaining the integrity and fairness of the entitlements system. The Determination is exempt from disallowance and sunsetting as specified in the Legislation (Exemptions and Other Matters) Regulation 2015.
Scope and Application
The Veterans’ Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2025 amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019, which was made under the Veterans’ Entitlements Act 1986. This Act provides for the payment of pensions and other benefits to, and medical treatment for, veterans and certain other persons. The amendment applies to persons who have served in non-warlike operations as defined by the Act, with the amendments specifying particular dates and operations. This Determination affects individuals who have provided service in support of specific operations, ensuring they are recognised for the purposes of receiving veterans’ benefits. The Amendment operates nationally, as it is based on a Commonwealth Act, and includes retrospective changes to ensure that no veteran is disadvantaged by the timing of this Amendment. Any instruments specified in the Schedule to this Determination are amended or repealed as detailed, with the changes reflecting the legislative intent to adjust the definition and scope of non-warlike service.
Key Provisions
The Veterans’ Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2025 amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019. Specifically, it introduces new provisions and modifies existing ones to better define and manage the scope of non-warlike service for pension and benefit purposes. This is achieved through changes to the schedule of operations considered non-warlike, as defined in subsection 5C(1) of the Veterans’ Entitlements Act 1986. Section 3 of the Determination clarifies that it operates under the definition of non-warlike service stipulated in the Act, ensuring that the amendments align with existing legal frameworks. Section 4 outlines how the specified instruments in the schedule are amended or repealed as per the items in the Schedule, while other items in the Schedule are to be applied according to their terms. It is crucial to note that these amendments do not adversely affect the rights of individuals or impose new liabilities on them, except for the Commonwealth, and the retrospective application ensures that no current or former service members are disadvantaged in their claims for service-related injuries or illnesses.
This Determination imposes specific obligations on the Repatriation Commission and veterans alike. The Repatriation Commission must apply a more beneficial standard of proof when assessing claims related to non-warlike service. This entails a nuanced understanding of military risks and service conditions to ensure that veterans receive fair consideration for their claims. For veterans, the new and amended definitions of non-warlike service require them to accurately identify the nature of their service to appropriately claim benefits. The inclusion of a new operation, Operation KUDU, and the amendment of existing operations' periods necessitate that veterans provide updated and relevant service details to support their claims. Additionally, the Repatriation Commission must ensure that the new operation related to Ukraine’s self-defence is correctly identified and assessed under the provisions of this Determination.
Breaches of the provisions set out in this Determination may have serious legal consequences. While the specific offences, penalties, and consequences are not detailed in the provided text, the overarching legislative framework under which this Determination operates—the Veterans’ Entitlements Act 1986—suggests that non-compliance could result in penalties for misrepresentation or fraud. Such offences could potentially lead to civil or criminal charges, with penalties varying based on the severity and intent of the breach. The legislative instruments and regulations underpinning this Determination aim to safeguard the integrity of the benefits system and ensure that all parties adhere to the prescribed standards. Consequently, failure to comply with these obligations could attract significant legal repercussions, including fines or imprisonment, depending on the jurisdiction and specific circumstances of the breach.