Veterans' Entitlements (Warlike Service—Operation Okra) Determination 2016

Administered by Department of Veterans' Affairs

Legislation au F2016L00991 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Veterans' Entitlements (Warlike Service - Operation Okra)

Determination 2016

 

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, (ADF Contribution to the Iraq and Syria crisis), as warlike service for the purpose of the Act.

 

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

 

Clause 2 provides that the Instrument commences in accordance with column 2 of the table, which is the day after this instrument is registered.

 

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

 

Clause 4 specifies that each instrument in the Schedule is amended or repealed as set out in the applicable items in the Schedule concerned.

 

Clause 5 makes clear the definition of certain acronyms and abbreviations used throughout this Instrument.

 

Clause 6 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 includes a new item, Operation Okra in an amended area with a commencement date of 9 September 2015 and adds an end date to service in the previous area of 8 September 2015.  Any retrospective operation of this Instrument is required to ensure that no ADF member is disadvantaged by the provision of entitlements that may have occurred between the period when they commenced service on the operation and the date that this Instrument is registered.  

 

Schedule 1 repeals the Veterans' Entitlements (Warlike Service-Operation Okra) Determination 2014 in its entirety.

 

This Instrument does not affect the rights of any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date this Instrument commences.

 

This Instrument 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.

 

Consultation

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

 

The Human Rights (Parliamentary Scrutiny) Act 2011 section 9(1) states that a legislative instrument subject to disallowance requires a Statement of Compatibility to be prepared. Though this Instrument is not subject to disallowance it 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 contribution to the Iraq and Syria crisis), 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).

 

This Veterans' Entitlements (Warlike Service - Operation Okra) Determination 2016 establishes that service provided by ADF personnel deployed to Iraq and Syria, 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 member's 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 Instrument 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.

 

The retrospective application of this Instrument does not affect the rights of any persons (other than the Commonwealth) so as to disadvantage those persons nor does it impose liabilities (other than on the Commonwealth) in respect of anything done before the date the Instrument is registered. It is a beneficial legislative instrument.

 

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 2016 was enacted to address the issue of defining the nature of service provided by Australian Defence Force personnel during Operation Okra, which was the ADF's contribution to the Iraq and Syria crisis. This legislative instrument was introduced under the authority of Subsection 5C(1) of the Veterans' Entitlements Act 1986, which provides for the payment of pensions, medical treatment, and other benefits to veterans. The policy objective of this Determination is to ensure that ADF members who served in warlike conditions receive the appropriate level of support and benefits as veterans, recognising the increased health care and other needs that may arise from such service. The retrospective operation of this Instrument aims to prevent ADF members from being disadvantaged by the provision of entitlements, ensuring that their service is accurately reflected in the benefits they may be eligible for. This Determination also engages with several human rights, including the right to health, social security, and the prohibition on interference with privacy and attacks on reputation, while maintaining that any limitations on these rights are reasonable, necessary, and proportionate to the legitimate objectives of the Act. The enactment of this Instrument by the Parliament is designed to provide necessary support and benefits to veterans, while ensuring compatibility with human rights and international obligations.

Scope and Application

The Veterans' Entitlements (Warlike Service - Operation Okra) Determination 2016 applies to Australian Defence Force personnel who have served in Operation Okra, which involves the ADF's contribution to the crisis in Iraq and Syria. The Instrument ensures that such service is recognised as "warlike service" under the Veterans' Entitlements Act 1986, thereby qualifying these individuals for specific veterans' benefits. This includes pensions, medical treatment for certain conditions such as cancer and post-traumatic stress disorder, and other entitlements outlined in the Act. The Instrument's retrospective operation ensures that ADF members who began their service prior to the date of registration of this Instrument are not disadvantaged. The Determination is a legislative instrument exempt from disallowance and sunsetting, meaning it is not subject to disallowance by Parliament and does not have a sunset clause that would require periodic renewal. The decision-making process for classifying the nature of service is subject to bipartisan consultation and does not impact business or competition.

Key Provisions

The Veterans' Entitlements (Warlike Service - Operation Okra) Determination 2016 (the Determination) primarily serves to classify service rendered by Australian Defence Force (ADF) personnel during Operation Okra as "warlike service" under section 5C(1) of the Veterans' Entitlements Act 1986 (the Act). This classification ensures that ADF personnel who served in the ADF's contribution to the Iraq and Syria crisis receive the appropriate benefits and support as veterans, aligning with their operational experiences and the risks encountered. The commencement of the Determination is specified in the Schedule, with a retroactive application to ensure no ADF member is disadvantaged concerning entitlements accrued before the Determination's registration. The Determination imposes several obligations on the ADF personnel who served during Operation Okra. It mandates that their service be recognised as warlike service for eligibility purposes under the Act, which includes access to a range of benefits such as pensions, medical treatment, counselling services, and funeral benefits. This recognition facilitates the provision of targeted support tailored to the unique needs of veterans who have served in conflict zones. The Determination also ensures that any retrospective application of these benefits does not negatively affect the rights of other parties, maintaining fairness and equity in the distribution of entitlements. The Determination delineates specific offences and consequences for breaches of the provisions it sets out. While the Determination itself does not explicitly detail penalties for non-compliance, breaches of the Veterans' Entitlements Act 1986, which it supports, may result in various civil or criminal penalties. For example, providing false information to obtain benefits could lead to fines or imprisonment under the broader legislative framework. Additionally, any misuse of entitlements could result in the recovery of improperly paid benefits and potential disqualification from further entitlements. The overarching objective is to maintain the integrity of the benefits system and ensure that support is appropriately directed to those who have genuinely served in warlike conditions. The Determination is designed to be compatible with human rights as it ensures that veterans receive the necessary support for their health and social security needs, aligning with international human rights standards. It respects the right to health, social security, and privacy, ensuring that any limitations on these rights are reasonable, necessary, and proportionate. This compatibility ensures that the Determination supports the well-being of veterans without unduly infringing on their human rights. By providing a clear framework for recognising warlike service, the Determination upholds the principle of fairness in the provision of veteran support, thereby reinforcing the social contract between the nation and its defence personnel.

Legal classification tags

Area of Law
Veterans' Entitlements Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Offence Provisions
Reporting & Disclosure Obligations
Rights & Protections

Interactions

Authorises

All Versions

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.