EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination (No. 1) 2025
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 amend the period of operation for Operation Okra and Operation Orenda.
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
Item 1 amends table item 28A section 1 of Schedule 1 of the Principal Determination which provides that service on Operation Okra is warlike Service for the purposes of the definition in subsection 5C(1) of the Act. The item has been amended to provide that the period of operation for Operation Okra is 9 September 2015 – 31 December 2024.
Item 2 amends table item 32 section 1 of Schedule 1 of the Principal Determination which provides that service on Operation Orenda is warlike Service for the purposes of the definition in subsection 5C(1) of the Act. The item has been amended to provide that the period of operation for Operation Orenda was 1 April 2020 – 31 December 2023.
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 (No. 1) 2025 amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under the Veterans' Entitlements Act 1986. This Act was enacted to ensure that veterans who served in warlike conditions receive appropriate recognition and support, including a more beneficial standard of proof for claims related to their service, earlier access to the Service Pension, and eligibility for the Veteran Gold Card. The objective of this amendment is to clarify and extend the periods of operation for specific military operations, namely Operation Okra and Operation Orenda, which are recognised as warlike service. This change aims to ensure that veterans who served during these operations continue to be eligible for the benefits associated with warlike service, reflecting the unique and often hazardous nature of their duties. The determination was made by the Repatriation Commission and is exempt from disallowance and sunsetting provisions.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination (No. 1) 2025 amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under subsection 5C(1) of the Veterans’ Entitlements Act 1986. This Determination applies to veterans who have participated in specific warlike operations, namely Operation Okra and Operation Orenda, and modifies the timeframes during which service in these operations is recognised as warlike service for the purposes of determining eligibility for veterans' entitlements. The determination is applicable to individuals who have served in the Defence Force and who are making claims for benefits related to their service. The amended timeframes for Operation Okra are 9 September 2015 to 31 December 2024, and for Operation Orenda, 1 April 2020 to 31 December 2023. This legislative instrument is exempt from disallowance and sunsetting provisions under the Legislation (Exemptions and Other Matters) Regulation 2015, ensuring its continued applicability as per the amendments made.
Key Provisions
The main operative sections of the Veterans' Entitlements (Warlike Service) Amendment Determination (No. 1) 2025 pertain to the amendment of the period of operation for Operation Okra and Operation Orenda, as detailed in the Schedule to the Determination. Specifically, section 4 of the Determination outlines the amendments to the Principal Determination, where item 1 of Schedule 1 extends the warlike service period for Operation Okra to 9 September 2015 to 31 December 2024, and item 2 extends the warlike service period for Operation Orenda to 1 April 2020 to 31 December 2023. These changes are intended to ensure that veterans who served during these operations receive the appropriate benefits and recognition for their service.
The Act imposes several obligations and requirements on the parties it governs. Firstly, the Repatriation Commission must apply a more beneficial standard of proof when assessing claims related to warlike service, acknowledging the unique nature of military service and the risks involved. Veterans with warlike service are entitled to the Service Pension at age 60, provided they meet income and assets tests, and are eligible for the Veteran Gold Card at age 70, which provides treatment for any medical condition on the Medicare Benefits Schedule. Additionally, those veterans 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. These provisions aim to provide comprehensive support and recognition to veterans for their contributions.
The Determination outlines specific offences, penalties, and consequences for breach, although it does not detail maximum penalties. The legislative instrument is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, and it is also exempt from sunsetting under the same Regulations. This ensures the Determination remains in force unless specifically repealed or amended by further legislation. The classification process involved consultation with the Department of Veterans' Affairs, ensuring that decisions about the nature of service are made through bipartisan consultation, without impacting business or competition. The rule maker determined that further external consultation was not required, reflecting a considered approach to the amendments.