EXPLANATORY STATEMENT
Veterans’ Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2026
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 2 new non-warlike operational areas;
- To amend the period of operation for 2 non-warlike operations.
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Section 4 provides that each instrument that is specified in a Schedule to this Determination is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Determination has effect according to its terms.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 repeals and substitutes table item 42 and 43 of the table at section 1 of Schedule 1 of the Principal Determination to provide the following.
- To end the period of operation for the operational areas provided for Operation BEECH at item 42 and Operation HYDRANTH at item 43, with both the areas of operation concluding on 12 June 2025. This is due to the changed areas of operation being inserted by new table items 42A and 44.
- To include new operational areas for Operation BEECH at item 42A and Operation HYDRANTH at item 44 with both new operations in the recorded areas commencing from 13 June 2025.
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) 2026, enacted by the Australian Parliament, amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019 to address the need to adapt the scope and duration of operational areas classified as non-warlike service. This amendment ensures that veterans are appropriately compensated for injuries, diseases, or deaths occurring in non-warlike settings, reflecting the evolving nature of military operations. The Determination introduces two new operational areas and modifies the period of operation for two existing ones, ensuring the classification remains current and relevant. This legislative instrument is exempt from disallowance and sunsetting under the relevant regulations, ensuring its enduring applicability in supporting veterans' entitlements.
Scope and Application
The Veterans’ Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2026 amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019, which is made under subsection 5C(1) of the Veterans’ Entitlements Act 1986. This legislation applies to veterans and other eligible persons who are seeking pensions, benefits, or medical treatment related to non-warlike service in the Defence Force, as determined by the Defence Minister. The Determination affects the operational areas and periods for which certain non-warlike operations are recognised, thereby influencing the assessment of claims related to these operations. The changes include the conclusion of specific operational areas and the introduction of new areas, effective from 13 June 2025. This Amendment Determination is exempt from disallowance and sunsetting under the relevant legislative regulations and is designed to ensure no veteran or their legal personal representative is prejudiced in their claims for injuries, diseases, or deaths occurring before the commencement of this Amendment.
Key Provisions
The Veterans' Entitlements (Non-warlike Service) Amendment Determination (No. 2) 2026 amends the Veterans’ Entitlements (Non-warlike Service) Determination 2019, which is made under subsection 5C(1) of the Veterans’ Entitlements Act 1986. This amendment introduces two new non-warlike operational areas and modifies the period of operation for two existing areas (sections 4 and 5). Specifically, it repeals and substitutes table items 42 and 43 of the Principal Determination, ending the operations for Operation BEECH and Operation HYDRANTH as of 12 June 2025 and introducing new operational areas for these operations starting from 13 June 2025.
The entities and individuals governed by this Act are required to adhere to the new definitions and periods of operation as outlined in the amendment (section 4). For example, any claims related to non-warlike service must now consider the new operational areas and the modified periods of operation. The Repatriation Commission must apply the amended criteria when assessing claims for injuries, diseases, or deaths related to these operations.
Failure to comply with the provisions of this Determination may lead to the denial of benefits or entitlements that would have been applicable under the previous definitions and periods of operation. This means that any claims made outside the newly defined operational periods or for areas that are no longer considered non-warlike could be rejected. Additionally, the retrospective application of this Determination is designed to prevent any adverse effects on claims made by Australian Defence Force (ADF) members or their legal personal representatives, ensuring they are not disadvantaged due to changes in operational definitions or periods.
The legislative instrument is exempt from disallowance and sunsetting provisions under the Legislation (Exemptions and Other Matters) Regulation 2015, which means it is not subject to the usual scrutiny and review processes that other legislative instruments might undergo. This exemption ensures that the changes introduced by this Determination are implemented without delay, safeguarding the rights of veterans and their families. The maximum penalties for non-compliance are not explicitly stated in the Determination but could involve the denial of benefits or entitlements, as well as potential legal challenges regarding the validity of claims made under the amended criteria.