EXPLANATORY STATEMENT
Veterans’ Entitlements (Warlike Service – Operation Paladin)
Determination 2011
The Veterans’ Entitlement 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’ Counselling Service, funeral benefits, Service pension, access to gold card and the Victoria Cross Allowance.
The purpose of this Determination is to declare service with the Australian Defence Force (ADF) contribution to the UN Truce Supervision Organisation on Operation Paladin as warlike service for the purpose of the Act.
Clause 1 sets out the manner in which the Determination can be cited.
Clause 2 provides that the Determination applies to service commencing on the day after it is registered.
Clause 3 makes clear the definition of an acronym used throughout the Determination.
Clause 4 specifies that service in an operation as described in Schedule 1 is warlike for the purposes of subsection 5C (1) of the Act.
The retrospective operation of this Determination is required to ensure that no ADF member (or his or her legal personal representative as the case may be) is disadvantaged if claiming for death, injury or disease that may have occurred between the period when they commenced service on the operation and the date that this Determination is registered on the Federal Register of Legislative Instruments. The retrospective application of this Determination 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 of the Determination is registered.
This Determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003 (LIA) 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 7 (a) of Schedule 3 of the Regulations.
The Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs were consulted during the reclassification 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: Paragraph 5C (1) of the
Veterans Entitlement Act 1986
Overview
The Veterans’ Entitlement (Warlike Service – Operation Paladin) Determination 2011 was enacted to address the need for a formal declaration of warlike service for members of the Australian Defence Force (ADF) who contributed to the United Nations Truce Supervision Organisation during Operation Paladin. This determination ensures that such service is recognised under the Veterans’ Entitlement Act 1986, which governs the provision of pensions, benefits, and medical treatment for veterans and other eligible persons. The enactment of this determination by the Parliament aims to rectify any gaps in the recognition of service that might otherwise disadvantage ADF members or their legal representatives who may have suffered injury, disease, or death during their service. The retrospective application of this determination ensures that ADF members are not prejudiced by the delay in its formal recognition, while also safeguarding the rights of other parties involved.
The determination was subject to consultation with the Department of the Prime Minister and Cabinet and the Department of Veterans’ Affairs, reflecting the bipartisan nature of such decisions. It is exempt from disallowance and sunsetting provisions, highlighting its significance and permanence in recognising the service of ADF members. This legislative instrument ensures that ADF members who participated in Operation Paladin are afforded the same entitlements and benefits as those who served in other recognised warlike operations.
Scope and Application
The Veterans’ Entitlement (Warlike Service – Operation Paladin) Determination 2011 serves to classify service in the Australian Defence Force (ADF) contribution to the UN Truce Supervision Organisation on Operation Paladin as warlike service for the purposes of the Veterans’ Entitlement Act 1986. This Determination applies to service commencing on the day after its registration, ensuring that ADF members who may have experienced death, injury, or disease during their service are not disadvantaged in their claims. It is crafted to provide clarity and retrospective application, thus safeguarding the rights of veterans and their representatives without imposing any disadvantage or liability on third parties prior to the Determination's registration. As a legislative instrument under the Legislative Instruments Act 2003, it is exempt from disallowance and sunsetting provisions, reflecting its critical role in veterans' entitlements. The reclassification process involved consultations between the Department of the Prime Minister and Cabinet and the Department of Veterans' Affairs, underscoring the bipartisan nature of such decisions.
Key Provisions
The Veterans’ Entitlement (Warlike Service – Operation Paladin) Determination 2011 (the Determination) is a legislative instrument under the Veterans’ Entitlement Act 1986 (the Act). This Determination, as outlined in Clause 4, specifies that service with the Australian Defence Force (ADF) in the United Nations Truce Supervision Organisation on Operation Paladin is to be recognised as warlike service for the purposes of the Act. This means that any ADF members who served in this capacity are eligible for the pensions, benefits, and medical treatment outlined in the Act, such as treatment for certain cancers, post-traumatic stress disorder, funeral benefits, Service pensions, and access to the Veterans’ Counselling Service.
The Determination, as stated in Clause 2, applies to service that commences on the day after it is registered, ensuring that there is no gap in the application of this recognition. Clause 3 clarifies the definition of an acronym used throughout the Determination, ensuring that there is no ambiguity in its interpretation or application. The Determination's retrospective operation, mentioned in the explanatory statement, ensures that ADF members are not disadvantaged if they are claiming for death, injury, or disease that occurred before the Determination was registered. This provision aims to protect the rights of ADF members without disadvantaging any other parties.
The Determination imposes certain obligations on the parties governed by it. Primarily, it requires that ADF members who served in Operation Paladin are eligible for the benefits specified under the Act. This includes ensuring that these members, or their legal personal representatives, are not disadvantaged in any way in their claims for benefits due to the service they performed. The Determination also specifies that the retrospective application does not affect the rights of any persons other than the Commonwealth, ensuring that the rights of non-Commonwealth entities are preserved.
Any breaches of the provisions of this Determination may result in civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed within the Determination itself, under the Act, breaches could potentially result in fines or other penalties as prescribed by law. The maximum penalties for such breaches would be determined in accordance with the relevant legislative provisions governing the Act. The Determination is exempt from disallowance and sunsetting, which means that it remains in effect unless otherwise repealed or amended by a subsequent legislative action.