EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination 2020 (No. 1)
This Determination amends Veterans' Entitlements (Warlike Service) Determination 2019 (the Principal Determination) made under subsection 5C(1) of the Veterans’ Entitlements Act 1986 (the Act). Subsection 5C(1) of the Act defines warlike service as meaning service in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike service.
A determination of warlike service under the Act requires the Repatriation Commission to apply a more beneficial standard of proof when assessing a claim for liability of a veteran’s injury, disease or death in relation to a period of warlike service. This beneficial standard of proof reflects an understanding of the unique nature of military service and the risks associated with service on warlike operations. A veteran with warlike service will, subject to income and assets tests, be eligible for the Service Pension at age 60, which is earlier than Age Pension age. A veteran with warlike service will be eligible for the Service Pension at any age if permanently incapacitated for work. The warlike service classification also renders a veteran automatically eligible for receipt of the Department of Veterans' Affairs (DVA) Veteran Gold Card at age 70. In recognition of the unquantifiable effects of combat, the Veteran Gold Card provides treatment for any medical condition on the Medicare Benefits Schedule, irrespective of the link to military service. A veteran in receipt of the Service Pension, and with a level of service-related disability assessed at 50% or greater of the General Rate of Disability Pension, is also eligible for the Veteran Gold Card regardless of age.
This Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is exempt from disallowance pursuant to item 33 in Section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 (the Regulations) and is also exempt from sunsetting pursuant to item 65 in Section 12 of the Regulations.
The purpose of this Determination is to add Operation Orenda as a warlike operation to the Principal Determination.
Section 1 of this Determination sets out the manner in which this Determination may be cited.
Section 2 provides that this instrument commences on the day after registration.
Section 3 identifies that this Determination is made under the definition of warlike service in subsection 5C(1) of the Veterans’ Entitlements Act 1986.
Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Warlike Service amendment
Section 1 of this Determination inserts a new operation into the Principal Determination. Operation Orenda has been inserted into the table at Schedule 1 at item 32 and specifies the nature of operation, the area of operation and the period from which Service in that area is Warlike Service for the purposes of the definition in subsection 5C(1) of the Act.
Consultation
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
Overview
The Veterans' Entitlements (Warlike Service) Amendment Determination 2020 (No. 1) was enacted to amend the Veterans' Entitlements (Warlike Service) Determination 2019, which itself was made under subsection 5C(1) of the Veterans’ Entitlements Act 1986. This legislation was introduced to address the need to classify specific military operations as "warlike service" for the purposes of determining veterans' entitlements. The classification of an operation as warlike service entitles veterans who served in those operations to a more beneficial standard of proof when claiming for service-related injuries, diseases, or deaths. Additionally, such classification allows eligible veterans to access the Service Pension earlier than the standard Age Pension age and to receive the Veteran Gold Card, which provides comprehensive healthcare coverage under the Medicare Benefits Schedule. This Determination was enacted by the Commonwealth Parliament and aims to ensure that veterans who participated in Operation Orenda are appropriately recognised and supported.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination 2020 (No. 1) pertains to the classification of specific military operations as warlike service under the Veterans’ Entitlements Act 1986. This Determination applies to veterans who have served in operations classified as warlike service, granting them eligibility for enhanced pension benefits and medical treatment irrespective of the link to military service. The geographic and jurisdictional reach of this Determination is national, as it amends a Commonwealth Act, thereby applying across all states and territories in Australia. The Determination specifies Operation Orenda as a warlike operation, thereby extending the eligibility criteria for veterans who served in this operation to receive benefits such as the Service Pension at age 60, the Department of Veterans' Affairs Veteran Gold Card at age 70, and other related benefits. The Determination is exempt from disallowance and sunsetting, ensuring its ongoing application and effect. The scope of the Act is extended through this subordinate instrument, which clarifies and updates the classification of warlike operations.
Key Provisions
The Veterans' Entitlements (Warlike Service) Amendment Determination 2020 (No. 1) amends the Veterans' Entitlements (Warlike Service) Determination 2019. It specifically adds Operation Orenda as a warlike operation under the definition provided in subsection 5C(1) of the Veterans’ Entitlements Act 1986. This amendment is significant as it broadens the scope of military operations recognised as warlike service, thus extending the eligibility criteria for various benefits to veterans who served in Operation Orenda. The Act, through this amendment, ensures that service in Operation Orenda is recognised as warlike service, which entitles veterans to benefits such as the Service Pension at age 60, eligibility for the Veteran Gold Card at age 70, and treatment for any medical condition on the Medicare Benefits Schedule.
The obligations imposed by this Act on the parties it governs are primarily centred around the recognition and assessment of warlike service. The Repatriation Commission is required to apply a more beneficial standard of proof when assessing claims related to warlike service. This means that veterans who served in Operation Orenda must have their claims assessed with a recognition of the unique risks and circumstances associated with military service. Furthermore, the Department of Veterans' Affairs is responsible for implementing the provisions of this determination, including updating their records to reflect the inclusion of Operation Orenda as a warlike operation.
There are no specific offences, penalties, or consequences outlined in the text for breaches of this determination. However, the Veterans’ Entitlements Act 1986 and related legislation do provide for penalties for fraudulent claims and other breaches. Typically, such breaches could result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the offence. The specific maximum penalties would be detailed in the primary Act and related regulations, but they are not specified in this particular determination.