EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination 2021 (No. 1)
This Determination amends the 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 extend the area of operation for Operation Augury to include Iraq and Syria.
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 Schedule inserts a row expanding the area recognised as warlike for Operation Augury to include Iraq and Syria in the table at Schedule 1 of the Principal Determination after item 30. Warlike Service for the purposes of the definition in subsection 5C(1) of the Act commences on 1 December 2020 in Iraq and Syria for Operation Augury.
Consultation
The Department of Veterans’ Affairs was 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.
The rule maker was satisfied that further external consultation was not required.
Authority: Subsection 5C(1) of the
Veterans’ Entitlements Act 1986
Overview
The Veterans' Entitlements (Warlike Service) Amendment Determination 2021 (No. 1) was enacted to address the gap in the recognition of warlike service for veterans who participated in Operation Augury in Iraq and Syria. This legislation amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under subsection 5C(1) of the Veterans' Entitlements Act 1986, by the Minister for Defence. The policy objective of this Determination is to extend the area of operation recognised as warlike to include Iraq and Syria, thereby ensuring that veterans who served in these regions under Operation Augury are eligible for the same benefits as those who served in previously recognised warlike operations. This includes eligibility for the Service Pension at an earlier age and the Veteran Gold Card, reflecting the unique nature of military service and the risks associated with such operations. The Determination was made by the Minister for Defence and is exempt from disallowance and sunsetting provisions as per the Legislation (Exemptions and Other Matters) Regulation 2015.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination 2021 (No. 1) amends the Veterans' Entitlements (Warlike Service) Determination 2019 to extend the geographic scope of warlike service recognition for Operation Augury to include Iraq and Syria. This amendment applies to veterans who have served in these areas as part of Operation Augury, thereby qualifying them for more favourable eligibility criteria for various pensions and benefits under the Veterans’ Entitlements Act 1986. These benefits include the Service Pension, which is available at age 60 or earlier than the Age Pension age for those with a service-related disability, and the Veteran Gold Card, which provides access to Medicare Benefits Schedule treatments at age 70 or earlier if the veteran is deemed to have a 50% or greater level of service-related disability. The amendment is effective from 1 December 2020 and is exempt from disallowance and sunsetting provisions under the Legislation (Exemptions and Other Matters) Regulation 2015. The Determination was made in consultation with the Department of Veterans’ Affairs, reflecting a bipartisan approach to service classification decisions.
Key Provisions
The Veterans' Entitlements (Warlike Service) Amendment Determination 2021 (No. 1) primarily amends the Veterans' Entitlements (Warlike Service) Determination 2019 by extending the geographical scope of Operation Augury to include Iraq and Syria. This change is detailed in Section 1 of Schedule 1, where a new row is added to the table at Schedule 1 of the Principal Determination after item 30. According to this amendment, warlike service for the purposes of the definition in subsection 5C(1) of the Veterans' Entitlements Act 1986 now includes service in Iraq and Syria for Operation Augury, commencing from 1 December 2020. This determination is made under the authority of subsection 5C(1) of the Act, which allows the Minister for Defence to determine, in writing, what constitutes warlike service.
This amendment imposes certain obligations on the Department of Veterans’ Affairs (DVA) and veterans. The DVA must now apply the more beneficial standard of proof when assessing claims related to injuries, diseases, or deaths that occurred during service in Iraq and Syria for Operation Augury. This standard of proof acknowledges the unique nature of military service and the associated risks. Veterans who have served in Iraq and Syria under Operation Augury, subject to meeting income and assets tests, can claim the Service Pension at age 60, which is earlier than the standard Age Pension age. Additionally, if a veteran is permanently incapacitated for work, they are eligible for the Service Pension regardless of age. Veterans who have served in these regions are also automatically eligible for the DVA Veteran Gold Card at age 70, allowing them to receive treatment for any medical condition on the Medicare Benefits Schedule, irrespective of its link to military service. Furthermore, veterans in receipt of the Service Pension with a service-related disability assessed at 50% or greater of the General Rate of Disability Pension are eligible for the Veteran Gold Card regardless of age.
Failure to comply with the provisions of the Veterans' Entitlements Act 1986 or the amendments introduced by this Determination may lead to various consequences. Although specific offences and penalties are not detailed in the text, breaches of veterans' entitlements legislation typically result in administrative or legal actions. The potential outcomes could include fines, imprisonment, or other civil or criminal penalties as prescribed by the relevant legislation. However, the exact penalties would depend on the specific nature of the breach and would be determined in accordance with the existing laws governing veterans' entitlements and administrative compliance.