Veterans' Entitlements (Non-warlike Service - Operation Paladin) Determination 2011

Overview

The Veterans’ Entitlement (Non-warlike Service – Operation Paladin) Determination 2011 was enacted to address the classification of service within the Australian Defence Force (ADF) for the purposes of the Veterans’ Entitlement Act 1986. This determination was introduced to ensure that ADF members serving with the UN Truce Supervision Organisation on Operation Paladin were correctly identified as engaged in non-warlike service, thereby qualifying them for specific benefits under the Act. The determination was enacted by the Commonwealth of Australia and its objective is to rectify the classification of such service to avoid any disadvantage to ADF members who may have been affected by injuries or diseases during their service period. The retrospective application of the determination ensures that no member is disadvantaged in claiming for such issues from the time they commenced service until the determination was registered. The determination specifies that the service in question is to be considered non-warlike for the purposes of the Act, and it revokes the previous Veterans’ Entitlement Act 1986 – Determination of Non-warlike Service (Operation Paladin). It is noted that the retrospective operation does not disadvantage any persons other than the Commonwealth nor does it impose any liabilities other than on the Commonwealth. This legislative instrument is exempt from disallowance and sunsetting as per the Legislative Instruments Act 2003 and related regulations. The reclassification process involved consultation with the Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs, ensuring bipartisan consideration of the matter.

Scope and Application

The Veterans’ Entitlements (Non-warlike Service – Operation Paladin) Determination 2011 pertains to the Veterans’ Entitlement Act 1986 and specifically aims to declare service with the Australian Defence Force (ADF) as part of the UN Truce Supervision Organisation on Operation Paladin as non-warlike service for the purposes of the Act. This Determination applies to ADF members who commenced service on the operation following its registration, effectively ensuring that no ADF member or their legal personal representatives are disadvantaged if they are claiming for death, injury, or disease that may have occurred between the commencement of their service and the registration date of the Determination on the Federal Register of Legislative Instruments. The retrospective application of this Determination is designed to avoid disadvantaging any ADF member while ensuring that it does not adversely affect the rights of other persons or impose liabilities on entities other than the Commonwealth for actions taken prior to the Determination’s registration. The Determination is a legislative instrument under the Legislative Instruments Act 2003 and is exempt from disallowance and sunsetting provisions under the Legislative Instruments Regulations 2004. The Determination does not specify exclusions, exemptions, or thresholds but extends its application to ADF members involved in Operation Paladin, ensuring they receive the appropriate benefits and entitlements as outlined in the Veterans’ Entitlement Act 1986. The scope of this Determination is confined to the specific ADF service in Operation Paladin, and any broader application would be established through subordinate instruments or further legislative amendments. The decision-making process for the nature of service, including the reclassification, involves bipartisan consultation through the Government and does not impact business or competition.

Key Provisions

The main sections of the Veterans' Entitlement (Non-warlike Service – Operation Paladin) Determination 2011 (F2011L00517) define the scope and application of the legislation. Clause 1 outlines the citation of the Determination, while Clause 2 specifies that the Determination applies to service commencing on the day after it is registered (Clause 2). Clause 3 revokes the previous Determination of Non-warlike Service (Operation Paladin) under the Veterans’ Entitlement Act 1986. Clause 4 provides a definition of an acronym used throughout the Determination, and Clause 5 specifies that service in an operation described in Schedule 1 is considered non-warlike service for the purposes of the Act (Clause 5). The Act imposes certain obligations on the parties it governs. It ensures that no member of the Australian Defence Force (ADF) or their legal personal representative is disadvantaged when claiming for death, injury, or disease that occurred between the commencement of service on the operation and the date of registration of this Determination. The retrospective application of the Determination does not affect the rights of any persons other than the Commonwealth or impose liabilities on anyone other than the Commonwealth in respect of anything done before the Determination was registered. The Determination includes provisions for offences, penalties, or civil/criminal consequences for breach, although specific maximum penalties are not stated in the text. The Determination is a legislative instrument under the Legislative Instruments Act 2003 (LIA) and is exempt from disallowance pursuant to item 10 of Schedule 2 of the Legislative Instruments Regulations 2004. It is also exempt from sunsetting pursuant to item 7(a) of Schedule 3 of the Regulations. The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were consulted during the reclassification process, and it is noted that decisions about the nature of service are subject to bipartisan consultation through Government and do not impact business or competition.