Veterans’ Entitlements (Non-warlike Service – Operation Aslan) Determination 2012

Administered by Department of Veterans' Affairs

Legislation au F2012L00777 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Veterans’ Entitlements (Non-warlike Service - Operation Aslan) Determination 2012

 

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 with the Australian Defence Force (the ADF) in support of the United Nations Mission in the Republic of South Sudan, Operation Aslan 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 the day after it is registered.

 

Clause 3 makes clear the definition of a certain acronym used throughout the Determination.

 

Clause 4 specifies that service in an operation as described in Schedule 1 is           non-warlike service for the purposes of subsection 5C (1) of the Act.

The retrospective operation of this Determination is required to ensure that no ADF member (as a veteran), or his or her legal personal representative as the case may be, 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 date that this Determination is registered on the Federal Register of Legislative Instruments. The retrospective application of this Determination does not affect the rights of any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date the Determination is registered.

 

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 7(a) of Schedule 3 of the Regulations.

 

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 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 Aslan) Determination 2012 establishes that service provided by Australian Defence Force members on Operation Aslan, an operation to maintain peace and stability in the Republic of Southern Sudan, is within the definition of "non-warlike Service" in section 5C(1) of the Veteran's 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 than 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 member. 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.

 

The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were consulted (by telephone and e-mail) 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 – Operation Aslan) Determination 2012 was enacted to address the need for a clear classification of service performed by Australian Defence Force (ADF) members during Operation Aslan in the Republic of South Sudan. This legislation was enacted to ensure that ADF members who served on Operation Aslan are recognised as having provided non-warlike service, thereby qualifying them for certain benefits under the Veterans’ Entitlements Act 1986. The determination was made by the relevant authorities to provide a fair and consistent approach to the classification of service, ensuring that veterans receive appropriate support and benefits based on the nature of their service. This was achieved through the establishment of the criteria for determining non-warlike service, as outlined in the Act, to provide clarity and prevent any potential disadvantage to ADF members seeking benefits related to their service.

Scope and Application

The Veterans' Entitlements (Non-warlike Service – Operation Aslan) Determination 2012 applies to all Australian Defence Force members who served in support of the United Nations Mission in the Republic of South Sudan, Operation Aslan, ensuring that their service is classified as "non-warlike" for the purposes of the Veterans’ Entitlements Act 1986. This classification is essential in determining the extent and nature of benefits, such as pensions, medical treatment, and counselling services, available to these veterans. The Determination retroactively applies to service performed from the commencement of Operation Aslan up until the date of its registration, safeguarding the rights of veterans and their representatives by ensuring they are not disadvantaged when claiming benefits for any death, injury, or disease that occurred during their service. This Determination extends the scope of the Veterans’ Entitlements Act 1986 to cover specific services rendered during Operation Aslan and does not impose any new liabilities or disadvantages on entities or individuals other than the Commonwealth. This legislative instrument operates under the authority of the Legislative Instruments Act 2003 and is exempt from disallowance and sunsetting provisions as specified in the Legislative Instruments Regulations 2004.

Key Provisions

The Veterans' Entitlements (Non-warlike Service – Operation Aslan) Determination 2012 primarily focuses on the classification of service by Australian Defence Force (ADF) members in support of Operation Aslan as non-warlike service, as per section 5C(1) of the Veterans' Entitlements Act 1986 (the Act). Clause 4 of the Determination specifies that service provided during Operation Aslan, which was aimed at maintaining peace and stability in the Republic of Southern Sudan, is considered non-warlike service. This determination is crucial as it influences the level of benefits and support that veterans and their families may be eligible for. The retrospective effect of this Determination ensures that ADF members and their representatives are not disadvantaged if they claim for death, injury, or disease occurring between the commencement of their service and the registration of the Determination on the Federal Register of Legislative Instruments (Clause 2). The Act imposes several obligations and requirements on parties and entities it governs. Firstly, it requires ADF members who served in Operation Aslan to ensure their service is accurately classified as non-warlike. This classification is essential for determining their eligibility for various benefits, including pensions, medical treatment, and counselling services under the Act. The Department of Veterans' Affairs, in consultation with the Department of the Prime Minister and Cabinet, plays a key role in making these determinations, ensuring that the support provided aligns with the nature of the service rendered. The Determination also ensures that the rights of individuals, apart from the Commonwealth, are not adversely affected by this classification. Breaches or non-compliance with the provisions of this Determination can lead to various consequences. While the Determination itself does not explicitly outline specific offences or penalties, violations of the broader Veterans' Entitlements Act 1986 may result in civil or criminal penalties. For instance, under section 10 of the Act, fraudulent claims for benefits can lead to prosecution, with potential penalties including fines and imprisonment. The Act also includes provisions for the recovery of overpayments and other financial penalties that may be imposed in case of non-compliance. It is essential for all parties to adhere to the Act's requirements to avoid any legal repercussions. In summary, the Veterans' Entitlements (Non-warlike Service – Operation Aslan) Determination 2012 is a legislative instrument designed to classify specific ADF service as non-warlike, thereby influencing the level of support and benefits available to veterans and their families. It imposes obligations on ADF members to ensure accurate classification and requires the Department of Veterans' Affairs to make these determinations. Non-compliance with the Act's provisions can lead to civil or criminal penalties, including fines and imprisonment, thereby underscoring the importance of adherence to its stipulations.

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Veterans' Law
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Human Rights Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.