EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination 2022 (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 provide a cessation date of 8 October 2021 for Operation Highroad.
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 omits and substitutes item 29 of Schedule 1 of the Principal Determination which provides that service on Operation Highroad is warlike Service for the purposes of the definition in subsection 5C(1) of the Act. The item has been amended to provide that Operation Highroad ceased on 8 October 2021.
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 2022 (No. 1) was enacted to address the need for a cessation date for Operation Highroad, which was previously classified as warlike service under the Veterans' Entitlements Act 1986. The Act was introduced by the Australian Parliament to ensure that veterans receive appropriate recognition and benefits for their service in warlike operations. This amendment determination modifies the Veterans' Entitlements (Warlike Service) Determination 2019, which was made under the authority of the Act. The policy objective is to reflect the unique and hazardous nature of military service by applying a more beneficial standard of proof when assessing claims related to warlike service. The Department of Veterans’ Affairs was consulted during the classification process, and it was determined that further external consultation was not necessary. This legislative instrument is exempt from disallowance and sunsetting provisions as per the relevant regulations.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination 2022 (No. 1) amends the Veterans' Entitlements (Warlike Service) Determination 2019, which itself is established under the Veterans’ Entitlements Act 1986. This Act applies to individuals who have served in the Defence Force and their families, providing benefits and pensions contingent upon the nature of their service. Specifically, the Amendment Determination addresses the cessation date of Operation Highroad, modifying the Principal Determination to reflect that this operation concluded on 8 October 2021. This legislative instrument is crafted to streamline the process for veterans to claim benefits, ensuring that the more favourable standard of proof is applied when assessing claims related to warlike service. The Amendment Determination also ensures that any veterans who served during Operation Highroad are recognised for their service, thereby maintaining the integrity of their entitlements. The application of this Act is national, as it is enacted under the Commonwealth's authority, and the benefits extend to veterans and their families across Australia.
Key Provisions
The Veterans' Entitlements (Warlike Service) Amendment Determination 2022 (No. 1) primarily amends the Veterans' Entitlements (Warlike Service) Determination 2019 (Principal Determination) by changing the cessation date of Operation Highroad to 8 October 2021 (section 4). This amendment, specified in Schedule 1, involves the substitution of item 29 of the Principal Determination, which originally classified service on Operation Highroad as warlike service. This legislative instrument is exempt from disallowance and sunsetting as per the relevant regulations.
The key obligations under this Act concern the definition and classification of warlike service, which is pivotal in determining the eligibility of veterans for certain benefits. For instance, veterans who have undertaken warlike service are entitled to a more beneficial standard of proof when claiming for service-related injuries, diseases, or deaths (subsection 5C(1) of the Veterans' Entitlements Act 1986). Furthermore, veterans with warlike service are eligible for the Service Pension at age 60 or at any age if they are permanently incapacitated for work. Additionally, they become automatically eligible for the Veteran Gold Card at age 70, which provides access to treatment for any medical condition listed on the Medicare Benefits Schedule.
The Amendment Determination imposes specific requirements on the Department of Veterans' Affairs (DVA) in terms of classification and assessment of warlike service. It mandates that the DVA applies the beneficial standard of proof and acknowledges the unique risks associated with military service in its assessments. The DVA is also responsible for the administration of the Veteran Gold Card and ensuring that eligible veterans are aware of and can access these entitlements.
Breaches of the provisions set out in this Determination may not be explicitly detailed within the text; however, under the general legislative framework, violations can lead to civil and criminal penalties. The specific consequences for non-compliance would be governed by the broader provisions of the Veterans’ Entitlements Act 1986 and any applicable administrative or judicial review processes. Given the nature of the entitlements involved, significant penalties could include fines or other civil sanctions, potentially impacting the delivery of benefits to eligible veterans.