Veterans’ Entitlements (Warlike Service—Operation HIGHROAD) Determination 2014

Administered by Department of Defence

Legislation au F2014L01432 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Veterans’ Entitlements (Warlike Service – Operation HIGHROAD) Determination 2014

The Veterans’ Entitlements Act 1986 (the Act) provides for the payment of pensions and other benefits to, and medical treatment for, veterans and certain other persons, and for other purposes.  In particular, it provides for automatic treatment for certain cancers, post traumatic stress disorder and some other prescribed conditions, access to the Veterans and Veterans Families Counselling Service, funeral benefits, Service pension, access to gold card and the Victoria Cross Allowance.

The purpose of this Instrument is to declare service provided by Australian Defence Force (ADF) personnel on Operation HIGHROAD, the ADF operation to support to the new North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan, as warlike service for the purpose of the Act. This support is due to commence on 1 January 2015.

Clause 1 sets out the manner in which this Instrument may be cited.

Clause 2 provides that the Instrument commences on the day after it is registered.

Clause 3 provides the authority under which this Instrument is made.

Clause 4 makes clear the definition of certain acronyms used throughout the Instrument.

Clause 5 specifies that service in an operation as described in the table is warlike service for the purposes of subsection 5C (1) of the Act.

This Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is exempt from disallowance pursuant to item 10 of Schedule 2 of the Legislative Instruments Regulations 2004 (the Regulations) and is also exempt from sunsetting pursuant to item 47 of Schedule 3 of the Regulations.

The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were 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.

     Authority: Subsection 5C (1) of the Veterans’ Entitlements Act 1986 

Statement of Compatibility with Human Rights

This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Instrument has the following purpose:

  • to declare service provided by Australian Defence Force (ADF) personnel on Operation HIGHROAD, the ADF operation to support the new North Atlantic Treaty Organisation led Resolute Support Mission in Afghanistan, as
    warlike service for the purpose of the Act. 

This Instrument engages the following human rights:

  • The right to health is the right to the enjoyment of the highest attainable standard of physical and mental health (article 12(1) International Covenant on Economic, Social and Cultural Rights),
  • The right to social security requires a social security system be established and that a country must, within its maximum available resources, ensure access to a social security scheme (article 9 International Covenant on Economic, Social and Cultural Rights),
  • The prohibition on interference with privacy and attacks on reputation (article 17 of the International Covenant on Civil and Political Rights).

The Veterans’ Entitlements (Warlike Service – Operation HIGHROAD) Determination 2014 establishes that service provided by ADF personnel on the  supporting operation to the new North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan, is within the definition of  “warlike service” in section 5C(1) of the Veterans’ Entitlements Act 1986.

Legitimate objective: Defence members who perform duty on operations may require special assistance and support on return from that duty. The requirement for support may increase as members age. Different levels of support are available depending on the nature of the service that the member has been required to perform. The actual decision about whether the nature of service will be warlike or non-warlike is made by the Executive. This declaration simply ensures that the nature of service that a member provides is reflected in the level and type of benefits that they may be eligible for as a veteran.

Reasonable, necessary and proportionate: Determining the nature of service that a member has provided allows the relevant level of additional support to be provided to assist the member with the health care and other needs that they may have as a veteran. Benefits may also be provided to a member’s dependant partner, who is directly affected by the additional needs that a member may have as a result of their status as a veteran.

Although the application for benefits may require some provision of personal information and some limitation on the suppliers of health treatment and benefits that are provided, these restrictions are considered proportional:

  • The personal information is treated in accordance with legislated privacy protections, and
  • The benefits are additional to those provided to the general public to address veterans’ special needs.

This Instrument is compatible with human rights because, to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

 

Overview

The Veterans’ Entitlements (Warlike Service – Operation HIGHROAD) Determination 2014 was enacted to address the need for recognising certain military operations as "warlike service" for the purposes of the Veterans’ Entitlements Act 1986. This legislation ensures that Australian Defence Force (ADF) personnel who have participated in Operation HIGHROAD, which supports the North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan, are eligible for specific veterans' benefits. This includes medical treatment, pensions, and other forms of support that are available to those who have engaged in warlike activities. The determination was made by the Australian Government and aims to reflect the nature of the service provided by ADF personnel, ensuring they receive appropriate levels of support upon their return. The enactment of this determination was overseen by the Parliament of Australia, as a legislative instrument under the Legislative Instruments Act 2003. It is exempt from disallowance and sunsetting provisions, ensuring its continued applicability. The decision to classify Operation HIGHROAD as warlike service aligns with the policy objective of providing adequate support to veterans, recognising their unique needs and the potential long-term impacts of their service. This approach ensures that ADF personnel receive the benefits to which they are entitled, thereby upholding their rights to health, social security, and privacy as outlined in international human rights instruments.

Scope and Application

The Veterans’ Entitlements (Warlike Service – Operation HIGHROAD) Determination 2014 applies to ADF personnel who have provided service on Operation HIGHROAD, an operation to support the North Atlantic Treaty Organisation-led Resolute Support Mission in Afghanistan. The Instrument ensures that the service provided by these personnel is classified as warlike service under the Veterans’ Entitlements Act 1986, which entitles them to additional benefits and support as veterans. The Act applies to any person or entity that is a veteran or dependent of a veteran, and the Instrument extends this application to the specific personnel engaged in Operation HIGHROAD. The geographic reach of the Act is Commonwealth, as it is a federal law, and it extends to any ADF personnel involved in the specified operation regardless of the location of their service. The Instrument does not specify any exclusions, exemptions, or thresholds other than the nature of the service being defined as warlike. The application and interpretation of the Instrument may be further extended or restricted through subordinate instruments, which would be consistent with the overarching objectives of the Veterans’ Entitlements Act 1986.

Key Provisions

The Veterans’ Entitlements (Warlike Service – Operation HIGHROAD) Determination 2014 clarifies the scope of benefits available to ADF personnel who serve on Operation HIGHROAD, as defined in section 5 of the Act. This service is specifically recognised as “warlike service” under section 5C(1) of the Veterans’ Entitlements Act 1986. Such recognition ensures that those who participate in this operation are eligible for the range of benefits provided under the Act, including pensions, medical treatment, and counselling services. The Act also provides for certain automatic treatments for specific conditions such as cancer and post-traumatic stress disorder, as well as funeral benefits and allowances. The obligations imposed by this determination on the ADF personnel and the Department of Veterans’ Affairs are primarily administrative. Personnel must provide evidence of their service on Operation HIGHROAD to qualify for the benefits outlined in the Act. The Department of Veterans’ Affairs, in turn, is obligated to process these claims accurately and efficiently, ensuring that all eligible personnel receive the benefits to which they are entitled. Additionally, the Department must maintain records and documentation that substantiate the service of ADF personnel to facilitate the claims process. In terms of compliance and enforcement, any ADF personnel found to have falsely claimed benefits under this determination could face legal consequences. The Act stipulates that providing false information for the purpose of claiming benefits is an offence. The penalties for such an offence can include fines and, in serious cases, imprisonment. The exact penalties would depend on the severity of the offence and the discretion of the court. It is important to note that any breach of the Act could also have civil consequences, such as the requirement to repay any benefits improperly received.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.