Veterans' Entitlements Regulations (Amendment)

Overview

The Veterans' Entitlements Regulations (Amendment) 1991 No. 33 was enacted to amend the Veterans' Entitlements Regulations 1987 under the Veterans' Entitlements Act 1986. This regulation was introduced to address the gap in the list of eligible decorations for the grant of a fortnightly allowance to veterans awarded such decorations for gallantry during war or warlike operations. The regulation was issued by authority of the Minister for Veterans' Affairs and seeks to rectify an oversight by including the British Empire Medal as an eligible decoration for the purposes of granting decoration allowance. The policy objective is to ensure that all eligible veterans, regardless of the specific decoration received, are appropriately recognised and compensated for their gallantry.

Scope and Application

The Veterans' Entitlements Regulations (Amendment) 1991 No. 33EXPLANATORY STATEMENT Statutory Rules 1991 No. 33 applies to the administration and implementation of the Veterans' Entitlements Act 1986, which governs the entitlements of veterans and their families. This amendment specifically addresses the provision of a fortnightly allowance to veterans who have been awarded eligible decorations for gallantry during a war or warlike operations. The Act applies to veterans who have been awarded specific decorations, with the amendment expanding the list to include the British Empire Medal for gallantry actions in war or warlike operations. This amendment is designed to ensure that all deserving veterans are recognised and appropriately compensated for their service and bravery. The regulation extends the application of the Act by adding a new eligible decoration, thereby broadening the scope of individuals who may be eligible for the fortnightly allowance. The geographic and jurisdictional reach of the Act is national, applying across Australia, and is enforced by the Commonwealth government through the Minister for Veterans' Affairs. The amendment does not specify any exclusions or exemptions, thereby ensuring that the criteria for eligibility are inclusive and reflective of the diverse experiences of Australian veterans.

Key Provisions

The Veterans' Entitlements Regulations (Amendment) 1991 No. 33 introduces a new regulation (regulation 6A) under the Veterans' Entitlements Act 1986, which amends the eligibility criteria for the decoration allowance. Specifically, it adds the British Empire Medal to the list of eligible decorations for which a fortnightly allowance may be granted to a veteran. This amendment ensures that veterans who have been awarded this particular medal for gallantry during war or warlike operations are eligible for the allowance (section 102(5)(d)). The new regulation imposes an obligation on the Department of Veterans' Affairs to recognise the British Empire Medal as a qualifying decoration for the purposes of the decoration allowance. This means that any veteran who has been awarded the British Empire Medal and meets the other eligibility criteria can now apply for and receive the fortnightly allowance as stipulated by the Act. The amendment ensures that the allowance is accessible to a broader group of veterans who have been recognised for their gallantry in war. Failure to comply with the provisions of the amended regulation could lead to legal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, it is implied that any breach of the regulations could result in civil or criminal liability under the Act. Typically, penalties for such breaches could include fines or other sanctions, depending on the severity and intent behind the non-compliance. The precise penalties would be determined in accordance with the Act's provisions on enforcement and penalties.