EXPLANATORY STATEMENT
Veterans' Entitlements (Non-warlike Service - Operation Accordion)
Determination 2014
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 automatic treatment for certain cancers, post traumatic stress disorder and some other prescribed conditions, access to the Veterans and Veterans Families Counselling Service, funeral benefits, Service pension, access to gold card and the Victoria Cross Allowance.
The purpose of this Determination is to declare service provided by Australian Defence Force (ADF) personnel on Operation Accordion, the supporting operation in relation to the ADF contribution to the International Coalition against Terrorism, as non-warlike service for the purpose of the Act.
Clause 1 sets out the manner in which this Determination may be cited.
Clause 2 provides that the Determination commences on 1 July 2014.
Clause 3 provides the authority under which this determination is made.
Clause 4 makes clear the definition of certain acronyms used throughout the Determination.
Clause 5 specifies that service in an operation as described in the table is non-warlike service for the purposes of subsection 5C (1) of the Act.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is exempt from disallowance pursuant to item 10 of Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to item 47 of Schedule 3 of the Regulations.
The Department of the Prime Minister and Cabinet and 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
Statement of Compatibility with Human Rights
This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
This Determination has the following purpose:
- to declare service provided by Australian Defence Force (ADF) personnel on Operation Accordion, the supporting operation in relation to the ADF contribution to the International Coalition against Terrorism, as non-warlike service for the purpose of the Act.
This Determination engages the following human rights:
- The right to health is the right to the enjoyment of the highest attainable standard of physical and mental health (article 12(1) International Covenant on Economic, Social and Cultural Rights),
- The right to social security requires a social security system be established and that a country must, within its maximum available resources, ensure access to a social security scheme (article 9 International Covenant on Economic, Social and Cultural Rights),
- The prohibition on interference with privacy and attacks on reputation (article 17 of the International Covenant on Civil and Political Rights).
The Veterans' Entitlements (Non-warlike Service - Operation Accordion) Determination 2014 establishes that service provided by ADF personnel on the supporting operation in relation to the ADF contribution to the International Coalition against Terrorism, is within the definition of "non-warlike service" in section 5C(1) of the Veterans' Entitlements Act 1986.
Legitimate objective: Defence members who perform duty on operations may require special assistance and support on return from that duty. The requirement for support may increase as members age. Different levels of support are available depending on the nature of the service that the member has been required to perform. The actual decision about whether the nature of service will be warlike or non-warlike is made by the Executive. This declaration simply ensures that the nature of service that a member provides is reflected in the level and type of benefits that they may be eligible for as a veteran.
Reasonable, necessary and proportionate: Determining the nature of service that a member has provided allows the relevant level of additional support to be provided to assist the member with the health care and other needs that they may have as a veteran. Benefits may also be provided to a member's dependant partner, who is directly affected by the additional needs that a member may have as a result of their status as a veteran.
Although the application for benefits may require some provision of personal information and some limitation on the suppliers of health treatment and benefits that are provided, these restrictions are considered proportional:
- The personal information is treated in accordance with legislated privacy protections, and
- The benefits are additional to those provided to the general public to address veterans' special needs.
This Determination is compatible with human rights because, to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate
Overview
The Veterans' Entitlements (Non-warlike Service - Operation Accordion) Determination 2014 was enacted to address the classification of service performed by Australian Defence Force (ADF) personnel on Operation Accordion, a supporting operation related to the ADF's contribution to the International Coalition against Terrorism, as non-warlike service under the Veterans' Entitlements Act 1986. This Determination was introduced to ensure that ADF members who served on Operation Accordion receive appropriate benefits and support upon their return, commensurate with the nature of their service. The objective of this legislative instrument is to provide a legitimate basis for the determination of the level of support required by veterans, thereby aligning the benefits provided with the specific needs arising from their service. This legislative instrument was enacted by the Australian Government and is exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003 and related regulations.
The policy objective of this Determination is to ensure that veterans who served on Operation Accordion receive appropriate support and benefits reflective of their non-warlike service. By classifying such service as non-warlike, the Determination facilitates access to relevant entitlements and assistance, including health care and social security provisions. This approach ensures that ADF members receive the necessary support as they transition back to civilian life, while also considering the implications for their dependants. The Determination is compatible with human rights, ensuring that any limitations on personal freedoms are reasonable, necessary, and proportionate to the legitimate objectives of providing support to veterans.
Scope and Application
The Veterans' Entitlements (Non-warlike Service - Operation Accordion) Determination 2014 applies to Australian Defence Force (ADF) personnel who have served in Operation Accordion, which is the supporting operation for the ADF's contribution to the International Coalition against Terrorism. This Determination classifies such service as non-warlike for the purposes of the Veterans' Entitlements Act 1986, thereby determining the eligibility of veterans for specific pensions, benefits, and medical treatments. The determination ensures that ADF personnel who were involved in this operation can access the appropriate level of support and assistance as they transition back to civilian life and age, recognising the potential for increased health and welfare needs over time. The Determination operates nationally, affecting ADF personnel across Australia, and is exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003 and the Legislative Instruments Regulations 2004.
Key Provisions
The Veterans' Entitlements (Non-warlike Service - Operation Accordion) Determination 2014 (the Determination) sets out the conditions under which service provided by Australian Defence Force (ADF) personnel on Operation Accordion is classified as non-warlike service for the purposes of the Veterans' Entitlements Act 1986 (the Act) (section 5). This classification is significant as it determines the eligibility and type of benefits that these veterans and their dependents can access. Specifically, the Determination aims to ensure that ADF personnel who participated in Operation Accordion, which supports the ADF's contribution to the International Coalition against Terrorism, receive appropriate benefits and support tailored to the nature of their service (section 5). The Determination clarifies that these individuals will not be eligible for the same level of benefits as those who served in warlike operations but will still receive necessary support and assistance as veterans.
The Determination imposes certain obligations on the relevant parties, including the classification of service as non-warlike. This classification is made under the authority granted by section 5C(1) of the Act, ensuring that the nature of the service is accurately reflected in the benefits provided (section 3). The Determination also specifies that the commencement date of this classification is 1 July 2014 (section 2). It mandates that ADF personnel who served on Operation Accordion must be recognised as having performed non-warlike service, which will influence the scope and type of benefits they can claim under the Act. The obligations also include ensuring that the determination is compliant with human rights obligations, including the right to health, social security, and protection against interference with privacy (Statement of Compatibility with Human Rights).
Under the Determination, any breach of the provisions regarding the classification of service could potentially lead to civil or criminal consequences, although the Determination does not explicitly outline specific offences or penalties. However, given the nature of the Act and related legislation, any non-compliance or misuse of the benefits could result in penalties as outlined in the Veterans' Entitlements Act 1986 or other relevant legislation. The maximum penalties for offences under the Act could include fines or imprisonment, depending on the severity of the breach. It is important for parties to adhere to the obligations set out in the Determination to avoid any legal repercussions.