EXPLANATORY STATEMENT
Veterans' Entitlements (Warlike Service) Amendment Determination (No. 3) 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 include a new warlike operation.
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 item 35 into the table at section 1 of Schedule 1 of the Principal Determination which provides that from 10 March 2026 service in support of the self-defence of the United Arab Emirates 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. 3) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, made under the Veterans’ Entitlements Act 1986. This Act defines warlike service, allowing for a more beneficial standard of proof when assessing claims for veterans' injuries, diseases, or deaths related to such service. The 2026 Amendment aims to address the evolving nature of military operations by incorporating new types of warlike operations into the existing framework. The determination is made by the Minister for Defence and is supported by the Department of Veterans’ Affairs, reflecting a policy objective to ensure that veterans receive appropriate recognition and benefits for their service, particularly in light of the unique risks and challenges they face. This legislative instrument is exempt from disallowance and sunsetting under specific regulations, ensuring its continued applicability.
Scope and Application
The Veterans' Entitlements (Warlike Service) Amendment Determination (No. 3) 2026 amends the Veterans' Entitlements (Warlike Service) Determination 2019, which was made under the Veterans' Entitlements Act 1986. This Amendment Determination applies to veterans who have performed service in the Defence Force of a kind determined by the Minister for Defence to be warlike service. Specifically, this amendment classifies service in support of the self-defence of the United Arab Emirates from 10 March 2026 as warlike service. By recognising this service as warlike, the Act ensures that veterans are eligible for certain benefits, including the Service Pension at age 60 or at any age if they are permanently incapacitated for work, and eligibility for the Department of Veterans' Affairs Veteran Gold Card at age 70 or under certain conditions regardless of age. The Determination is exempt from disallowance and sunsetting under the Legislation (Exemptions and Other Matters) Regulation 2015. The Department of Veterans' Affairs supported the amendments, and no further external consultation was deemed necessary by the rule maker.
Key Provisions
The Veterans' Entitlements (Warlike Service) Amendment Determination (No. 3) 2026 introduces significant changes to the existing framework governing warlike service under the Veterans' Entitlements Act 1986. This Amendment Determination (section 4) amends the Veterans' Entitlements (Warlike Service) Determination 2019 (the Principal Determination) by adding a new warlike operation. Specifically, from 10 March 2026, service in support of the self-defence of the United Arab Emirates is recognised as a warlike operation under subsection 5C(1) of the Act (Schedule 1, Item 1). This addition is crucial as it expands the definition of warlike service, potentially increasing the number of veterans who may qualify for enhanced benefits.
The Amendment Determination imposes specific obligations on the parties it governs. Primarily, it requires the Repatriation Commission to apply a more beneficial standard of proof when assessing claims related to veterans' injuries, diseases, or deaths associated with the newly classified warlike operation. This beneficial standard of proof (subsection 5C(1)) recognises the unique nature of military service and the risks inherent in warlike operations. Additionally, veterans with warlike service are entitled to earlier access to the Service Pension at age 60, provided they meet income and assets tests. Those permanently incapacitated for work can access the Service Pension at any age. The determination also ensures that veterans with warlike service are automatically eligible for the Department of Veterans’ Affairs (DVA) Veteran Gold Card at age 70, which covers any medical condition on the Medicare Benefits Schedule, regardless of its link to military service (subsection 5C(1)).
Breaching the provisions of this Amendment Determination can lead to various consequences. While the Determination itself does not explicitly outline offences, penalties, or criminal consequences, the underlying Veterans' Entitlements Act 1986 provides a framework for enforcement. Any fraudulent claims or misrepresentations related to warlike service could potentially lead to civil or criminal penalties under the Act. The specific penalties would depend on the nature and severity of the breach, as governed by other sections of the Act and related legislation. The determination's legislative instrument status, exempt from disallowance and sunsetting, underscores the importance and permanence of these provisions.