EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination (No. 2) 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 make the following changes:
- To amend the period of operation for Operation STEADFAST;
- To insert the new operation of Operation INHERENT RESOLVE.
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 omits and substitutes the period at table item 31 at section 1 of Schedule 1 of the Principle Determination to end the determined period of operation for Operation STEADFAST on 31 December 2025.
Item 2 inserts a new item 34 into the table at section 1 of Schedule 1 of the Principal Determination which provides that from 13 February 2025 service in support of US operations against ISIS is a warlike operation for the purposes of the definition of warlike service in subsection 5C(1) of the Act.
Consultation
The Department of Veterans’ Affairs were consulted and were supportive of the amendments made by this Determination.
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. 2) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, which was made under subsection 5C(1) of the Veterans’ Entitlements Act 1986. This Act, enacted in 1986, aims to provide benefits to veterans and their families by defining the conditions under which military service is considered warlike, thereby qualifying veterans for specific pensions and healthcare benefits. This particular amendment was introduced to address the need to update the classification of warlike operations to reflect current and past military activities accurately. The determination was made by the rule maker under the authority granted by subsection 5C(1) of the Act and was supported by the Department of Veterans' Affairs, with no further external consultation deemed necessary. The policy objective is to ensure that veterans receive appropriate benefits and recognition for their service, especially considering the evolving nature of military operations.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination (No. 2) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under the Veterans’ Entitlements Act 1986, to adjust the classification of specific military operations as warlike service. This change is pivotal for veterans who may seek benefits and pensions related to injuries, diseases, or death arising from their service. This Determination applies to veterans who served in the Defence Force and to operations specifically identified as warlike service by the Minister for Defence. The geographic scope of the Act is national, affecting all veterans across Australia. The changes introduced by this Determination include the cessation of Operation STEADFAST as a warlike operation by 31 December 2025 and the introduction of Operation INHERENT RESOLVE as a warlike operation from 13 February 2025, which recognises service in support of US operations against ISIS. The Determination is exempt from disallowance and sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015, ensuring its continued effect without the need for periodic review or parliamentary scrutiny.
Key Provisions
The main operative sections of the Veterans' Entitlements (Warlike Service) Amendment Determination (No. 2) 2026, such as section 3, identify the legal basis of the Determination, which is grounded in subsection 5C(1) of the Veterans' Entitlements Act 1986. This subsection empowers the Minister for Defence to classify certain military service as "warlike service," which then triggers a more favourable standard of proof for veterans when claiming benefits related to injuries, diseases, or deaths occurring during their service. Section 4 further explains how the Determination amends existing provisions by specifying which instruments are altered or repealed and how these changes are to be applied.
This Act imposes specific obligations and requirements on the parties it governs, primarily the Department of Veterans’ Affairs (DVA) and veterans themselves. The DVA is tasked with implementing the changes specified in the Determination, ensuring that the new classifications of warlike service are correctly applied when assessing claims. Veterans, on the other hand, must meet certain eligibility criteria to benefit from these changes, such as proving the period and nature of their service to qualify for the Service Pension or the Veteran Gold Card. For example, to be eligible for the Service Pension at age 60, a veteran must have served in a classified warlike operation and meet income and assets tests.
In terms of consequences for breach, the Determination does not explicitly outline criminal or civil penalties. However, any misuse or fraudulent claims related to the benefits provided by this Act could result in legal action under other relevant laws, such as the Crimes Act 1914. The Determination itself is exempt from disallowance and sunsetting, ensuring its continued application unless otherwise legally altered. The DVA's support for these amendments indicates a streamlined process for their implementation, reducing the likelihood of non-compliance due to administrative oversight.