EXPLANATORY STATEMENT
Veterans’ Entitlements (Warlike Service – Operation OKRA) 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 OKRA, the ADF operation to support Australian national interests in Iraq in response to the rapidly deteriorating security situation, as warlike service for the purpose of the Act. This support commenced on
9 August 2014.
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 OKRA, the ADF operation to support Australian national interests in Iraq in response to the rapidly deteriorating security situation, 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 (Wwarlike Service – Operation OKRA) Determination 2014 establishes that service provided by ADF personnel on the supporting operation in relation to the ADF operation to support Australian national interests in Iraq in response to the rapidly deteriorating security situation, 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 OKRA) Determination 2014 was enacted to address the need to recognise specific military operations as warlike service for the purposes of the Veterans’ Entitlements Act 1986. This determination was made by the Parliament of Australia to ensure that ADF personnel who served in Operation OKRA, an operation aimed at supporting Australian national interests in Iraq due to a rapidly deteriorating security situation, receive the appropriate level of support and benefits upon their return. The primary objective of this legislation is to align the nature of service with the benefits and support available to veterans, ensuring that those who have served in warlike conditions receive commensurate assistance and care.
The determination ensures that ADF personnel involved in Operation OKRA are acknowledged as having performed warlike service, thereby qualifying them for specific entitlements under the Act, such as pensions, medical treatment, and other benefits. This legislative instrument reflects the government's commitment to providing necessary support to veterans, taking into account the unique challenges they face. The legislation is also aligned with human rights principles by ensuring that any limitations on rights are reasonable, necessary, and proportionate to the legitimate objective of supporting veterans who have served in warlike conditions.
Scope and Application
The Veterans’ Entitlements (Warlike Service – Operation OKRA) Determination 2014 applies to ADF personnel who served on Operation OKRA, an operation undertaken in response to the deteriorating security situation in Iraq to support Australian national interests. This legislative instrument classifies the service provided by these personnel as warlike service under the Veterans’ Entitlements Act 1986, thus ensuring that they are eligible for specific pensions, benefits, and medical treatments as outlined in the Act. The purpose of this determination is to ensure that the nature of the service rendered by these veterans is accurately reflected in the level and type of support they are eligible for upon their return. This encompasses a range of entitlements including pensions, medical treatment for specific conditions, access to counselling services, and funeral benefits. The application of this Instrument is limited to the Commonwealth jurisdiction and does not extend to state or territory laws unless explicitly stated.
The determination does not introduce any exclusions, exemptions, or thresholds beyond those already stipulated in the Veterans’ Entitlements Act 1986. Its scope is confined to the specific ADF personnel involved in Operation OKRA and does not impact broader business or competition. Furthermore, the Instrument is exempt from disallowance and sunsetting provisions under the Legislative Instruments Act 2003 and the Legislative Instruments Regulations 2004. This determination is compatible with human rights, ensuring that any limitations on personal privacy or access to benefits are reasonable, necessary, and proportionate to the special needs of veterans.
Key Provisions
The Veterans’ Entitlements (Warlike Service – Operation OKRA) Determination 2014 (the Determination) primarily serves to classify the service provided by Australian Defence Force (ADF) personnel on Operation OKRA as warlike service under the Veterans’ Entitlements Act 1986 (the Act). This determination is made to ensure that ADF members who participated in this operation receive the appropriate level of support and benefits as veterans (Section 5). This includes access to pensions, medical treatment, and other entitlements that are available under the Act. The operation in question began on 9 August 2014 and was conducted to support Australian national interests in Iraq amidst a deteriorating security situation.
The Determination imposes specific obligations on the parties involved. It mandates that the service rendered on Operation OKRA be recognised as warlike service, which entitles ADF personnel to the benefits outlined in the Act. This includes ensuring that these veterans receive appropriate medical treatment for conditions such as certain cancers, post-traumatic stress disorder, and other prescribed conditions. Additionally, it requires that these veterans have access to services such as the Veterans and Veterans Families Counselling Service, funeral benefits, and the Service pension. The Determination also specifies that the benefits extend to the veterans' dependants, recognising the broader impact of a veteran's service on their families.
There are significant consequences for breaches of the Determination. While the Determination itself does not explicitly outline offences or penalties, violations of the Veterans’ Entitlements Act 1986 can result in substantial penalties. Under the Act, fraudulent claims or misrepresentation of service to obtain benefits can lead to criminal charges, with penalties including fines and imprisonment. For instance, Section 140 of the Act stipulates that a person who knowingly makes a false statement or representation to obtain a benefit may face a penalty of up to five years imprisonment. Additionally, civil consequences may include the recovery of any benefits improperly received, as well as potential fines. The penalties are designed to deter fraudulent activities and ensure that benefits are distributed fairly and appropriately to those who have genuinely served on warlike operations.