Veterans' Entitlements (Non-warlike Service—Operation Augury) Determination 2015

Administered by Department of Veterans' Affairs

Legislation au F2015L00290 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Veterans’ Entitlements (Non-warlike Service – Operation AUGURY) Determination 2015

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 Instrument is to declare service provided by Australian Defence Force (ADF) personnel on Operation AUGURY, an operation that supports Defence’s understanding of Islamist terrorist threats to Australia and the region in order to support national counter terrorism efforts to protect Australian national security interests. This support will occur in Jordan.

Clause 1 sets out the manner in which this Instrument may be cited.

Clause 2 provides that the Instrument commences on the day after it is registered.

Clause 3 provides the authority under which this Instrument is made.

Clause 4 makes clear the definition of certain acronyms used throughout the Instrument.

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.

Any retrospective operation of this Instrument is required to ensure that no ADF member (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 Instrument is registered on the Federal Register of Legislative Instruments. The retrospective application of this Instrument 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 Instrument is registered.

This Instrument 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 this instrument commences.


This Instrument 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 Instrument 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 Instrument has the following purpose:

  • to declare service provided by Australian Defence Force (ADF) personnel on Operation AUGURY, is an operation that supports the ADF’s understanding of Islamist terrorist threats to Australia and the region in order to support national counter terrorism efforts to protect Australian national security interests, as non-warlike service for the purpose of the Act. 

This Instrument 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 AUGURY) Determination 2015 establishes that service provided by ADF personnel on the operation supporting Defence’s understanding of Islamist terrorist threats to Australia and the region in order to support national counter terrorism efforts to protect Australian national security interests, 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 Instrument 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 AUGURY) Determination 2015 was enacted to address the specific needs of Australian Defence Force (ADF) personnel who served on Operation AUGURY. This operation, which focuses on understanding Islamist terrorist threats to Australia and the region to bolster national counter-terrorism efforts, has been identified as non-warlike service under the Veterans’ Entitlements Act 1986. The determination ensures that ADF members involved in such operations are eligible for appropriate benefits and support as veterans, aligning with the policy objective of providing necessary assistance and benefits based on the nature of their service. The determination was made by the Executive and is exempt from disallowance and sunsetting provisions, reflecting the importance of this support for national security interests. The policy objective is to ensure that ADF members are not disadvantaged in their claims for benefits related to any injuries, diseases, or deaths occurring during their service on Operation AUGURY.

Scope and Application

The Veterans’ Entitlements (Non-warlike Service – Operation AUGURY) Determination 2015 applies to Australian Defence Force (ADF) personnel who provided service on Operation AUGURY, an operation supporting Defence’s understanding of Islamist terrorist threats to Australia and the region to protect national security interests. This Instrument aims to ensure that such service is classified as non-warlike service under subsection 5C(1) of the Veterans’ Entitlements Act 1986. This classification is crucial for determining the level of benefits that veterans may be eligible for, including pensions, medical treatment, and other support services. The retrospective application of this Instrument ensures that no ADF member is disadvantaged in claiming benefits for death, injury, or disease that may have occurred before the Instrument was registered. This determination does not affect the rights of any persons other than the Commonwealth, nor does it impose liabilities on any persons other than the Commonwealth in respect of anything done before the Instrument commenced. The determination is subject to the Veterans’ Entitlements Act 1986, which governs the payment of pensions and other benefits to veterans and certain other persons. It applies across the Commonwealth of Australia, ensuring that ADF personnel who served on Operation AUGURY receive appropriate recognition and support for their service. The Instrument is exempt from disallowance and sunsetting under the Legislative Instruments Act 2003 and the Legislative Instruments Regulations 2004, respectively. The compatibility with human rights is affirmed as the limitations imposed by the Instrument are considered reasonable, necessary, and proportionate, ensuring that the right to health, social security, and protection of privacy are upheld.

Key Provisions

The Veterans' Entitlements (Non-warlike Service – Operation AUGURY) Determination 2015, made under the Veterans' Entitlements Act 1986, primarily serves to classify the service provided by Australian Defence Force (ADF) personnel during Operation AUGURY as non-warlike service. This determination is critical as it aligns with subsection 5C(1) of the Act, ensuring that the nature of the service is accurately reflected in the level and type of benefits available to veterans (Clause 5). This is particularly significant for ADF members who may require special assistance and support upon returning from duty, which could increase as they age. By recognising the nature of their service, the determination ensures that the appropriate level of additional support is provided to meet their health care and other needs. The Act imposes specific obligations on the parties involved. The primary obligation is the accurate classification of service to ensure that veterans receive the appropriate level of benefits. This involves the Executive making decisions about whether the nature of the service is warlike or non-warlike, and the Department of Veterans’ Affairs ensuring that these decisions are implemented correctly. Furthermore, the Act requires that any retrospective application of this Instrument does not disadvantage ADF members or their legal personal representatives who may have suffered injury, disease, or death during the period before the Instrument was registered (Clause 4). There are no explicit offences, penalties, or civil/criminal consequences outlined in the Determination itself. However, the broader Veterans’ Entitlements Act 1986 provides a framework within which penalties could be imposed for fraudulent claims or misrepresentation of facts to obtain benefits. The Act ensures that the rights of any persons other than the Commonwealth are not disadvantaged and that no liabilities are imposed other than on the Commonwealth in respect of anything done before the Instrument commences. The legislative instrument is exempt from disallowance and sunsetting, reinforcing its binding nature without the need for legislative approval or periodic review. This ensures that the benefits and protections outlined are consistently applied and upheld.

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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.