Warlike service - OPERATION JURAL Declaration 2007

Overview

The Defence Force (Home Loans Assistance) Act 1990 was enacted to address the need for housing loan subsidies for members of the Australian Defence Force (ADF) who have served in warlike conditions. This legislation, along with the incorporated Agreement, aims to provide financial assistance to ADF members in the form of housing loan subsidies. The Act was enacted by the Australian Parliament and its primary policy objective is to support ADF members by offering them additional housing benefits when they have participated in warlike operations. The explanatory statement for the 1990 Act's 2007 amendment clarifies that the Act enables the Minister to declare specific duties as warlike service for the purposes of the Act, thereby extending the benefits to those who have participated in such operations. This particular amendment seeks to classify duty with the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation JURAL as warlike service, thereby extending the housing loan subsidies to ADF members who served in this capacity. The explanatory statement outlines that the Declaration of warlike service for Operation JURAL is intended to provide ADF members with additional housing subsidies and exemptions from certain qualifying periods. This is achieved by retroactively applying the Declaration to the period from 30 June 1991 to 12 January 2003, ensuring that ADF members already entitled to assistance under the Act and the Agreement can also benefit from the additional provisions. The retrospective effect of the Declaration does not affect the rights of any persons or impose liabilities on anyone other than the Commonwealth for actions taken before the Declaration was registered. This amendment aims to provide ADF members with additional years of housing subsidy based on the duration of their warlike service, ranging from two additional years for service of less than three months to five additional years for service of more than nine months.

Scope and Application

The Defence Force (Home Loans Assistance) Act 1990 applies to members of the Australian Defence Force who are allotted for duty on specific operations recognised as warlike service under the Act. The recent Declaration under this Act specifically pertains to ADF members participating in the United Kingdom elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation JURAL. This operation, which took place from 30 June 1991 to 12 January 2003, has been declared as warlike service to enable eligible ADF members to receive additional housing loan subsidies and exemptions from the five-year qualifying period of service. The extent of benefits varies based on the duration of warlike service, ranging from two additional years of subsidy for service of less than three months to five additional years for service exceeding nine months. The Declaration was registered under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments, applying retrospectively to ensure that ADF members already entitled to assistance under the Act and the Agreement could access these additional benefits without affecting any pre-existing rights or imposing liabilities prior to the registration date.

Key Provisions

The Defence Force (Home Loans Assistance) Act 1990, as supplemented by the attached Declaration, provides housing loan subsidies to certain members of the Australian Defence Force (ADF) for service deemed warlike. Subsection 3C(1) of the Act allows the Minister to declare specific military duties as warlike service, which entitles ADF members to additional benefits under the Act. The Declaration, specifically Clause 3(b), applies to ADF members assigned to Operation JURAL, the coalition force operation to patrol the Iraq No-Fly-Zones with United Kingdom elements. This operation is designated as warlike service from 30 June 1991 to 12 January 2003. Clause 3(a) of the Declaration specifies the area of operations as Iraq. The retrospective effect of the Declaration, as outlined in Clause 3(c), ensures that ADF members who served on Operation JURAL and are already entitled to assistance, can now access additional benefits. These benefits include extended periods of housing subsidy and exemptions from the five-year qualifying period of service, with the additional years of subsidy ranging from two to five years depending on the length of warlike service rendered. The Act imposes obligations on the parties it governs, particularly in ensuring that ADF members who qualify under the terms of the Declaration receive the benefits to which they are entitled. Clause 2 of the Declaration stipulates that it comes into effect the day after its registration on the Federal Register of Legislative Instruments, pursuant to the Legislative Instruments Act 2003 (LIA). The Declaration aims to streamline the process for ADF members to access housing loan subsidies by removing barriers such as the five-year qualifying period. The obligations include ensuring that the Commonwealth provides the additional benefits as outlined in the Declaration to eligible ADF members. There are specific consequences for breaches of the provisions set out in the Defence Force (Home Loans Assistance) Act 1990. While the Explanatory Statement does not detail specific penalties, breaches of statutory requirements under Australian law can result in civil or criminal penalties depending on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties can lead to imprisonment. The maximum penalties would depend on the specific breach and the relevant legislative provisions governing such breaches. The Act, through its Declaration, ensures that the rights of ADF members are protected and that they receive the benefits they are entitled to without undue delay or impediment.