EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination (No. 1) 2026
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 insert the new operation of Operation HYDRANTH.
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 inserts a new table item into the table in section 1 of Schedule 1 of the Principal Determination. The new table item 33 identifies Operation HYDRANTH as an operation on and after 11 April 2025 for the purposes of the Principal Determination. This operation supports the defensive actions of the United States and United Kingdom in targeting the Houthi rebel attacks in the Red Sea.
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) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under the Veterans' Entitlements Act 1986. The purpose of this Determination is to address the gap in recognising the service of Australian Defence Force personnel involved in Operation HYDRANTH, which commenced on 11 April 2025, as warlike service. This amendment was enacted by the Australian Government to ensure that veterans involved in this operation are eligible for the benefits associated with warlike service, such as earlier access to the Service Pension and eligibility for the Department of Veterans’ Affairs Veteran Gold Card. The Determination was made under the authority provided by subsection 5C(1) of the Veterans' Entitlements Act 1986, which empowers the Minister for Defence to define warlike service in writing. The Department of Veterans’ Affairs was consulted during the classification process, affirming that the amendment aligns with existing policy objectives and does not affect business or competition.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination (No. 1) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, altering the definition of warlike service under the Veterans' Entitlements Act 1986. This Determination, made under the authority of subsection 5C(1) of the Act, is designed to extend eligibility for warlike service-related benefits to veterans who have participated in Operation HYDRANTH, which began on and after 11 April 2025. This operation, supporting the defensive actions of the United States and United Kingdom against Houthi rebel attacks in the Red Sea, is now classified as warlike service, thereby qualifying participating veterans for more advantageous standards of proof in claims related to their service. The determination ensures that veterans who meet the criteria for warlike service are eligible for earlier access to the Service Pension, the Veteran Gold Card, and other associated benefits, irrespective of age or level of service-related disability. This legislative instrument is exempt from disallowance and sunsetting under the relevant regulations, solidifying its legal standing and longevity.
Key Provisions
The Veterans' Entitlements (Warlike Service) Amendment Determination (No. 1) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under subsection 5C(1) of the Veterans' Entitlements Act 1986 (the Act). The primary focus of this Amendment Determination is to classify Operation HYDRANTH, starting from 11 April 2025, as warlike service. This classification applies to the Australian Defence Force's (ADF) involvement in supporting the defensive actions of the United States and United Kingdom against Houthi rebel attacks in the Red Sea (section 4, Schedule 1, item 1). By identifying Operation HYDRANTH as warlike service, this amendment ensures that any ADF personnel involved in this operation will benefit from the more favourable conditions outlined in the Principal Determination, such as eligibility for the Service Pension at age 60 and the Veteran Gold Card at age 70.
The Act imposes specific obligations on the Repatriation Commission to apply a more beneficial standard of proof when assessing claims for liability of a veteran's injury, disease, or death related to warlike service. This higher standard of proof recognises the unique nature of military service and the risks associated with warlike operations. The eligibility criteria for veterans with warlike service include receiving the Service Pension at age 60, or at any age if permanently incapacitated for work, and obtaining the Veteran Gold Card, which provides Medicare benefits for any medical condition at age 70, or earlier if the veteran has a service-related disability assessed at 50% or greater of the General Rate of Disability Pension. These provisions ensure that veterans who have engaged in warlike service receive the support and recognition they deserve.
Breach of the provisions outlined in the Act may result in civil or criminal consequences, depending on the nature and severity of the non-compliance. For instance, providing false information or engaging in fraudulent activities related to the eligibility for veterans' entitlements could lead to penalties under the relevant legislation. The maximum penalties for such offences are not explicitly stated in the provided text but would typically be determined by the specific provisions of the Veterans' Entitlements Act 1986 and any related laws. The determination also highlights that it is exempt from disallowance and sunsetting, ensuring its continued applicability and enforcement.
In summary, this Amendment Determination updates the classification of warlike service to include Operation HYDRANTH, thereby extending the benefits and protections provided under the Veterans' Entitlements Act 1986 to ADF personnel involved in this operation. The Repatriation Commission is required to apply a higher standard of proof for claims related to warlike service, and eligible veterans can access the Service Pension and the Veteran Gold Card under specified conditions. Non-compliance with the Act may lead to civil or criminal penalties, although the exact penalties are not detailed in the provided text.