Warlike service - OPERATION RIVERBANK Declaration 2009

Overview

The Defence Force (Home Loans Assistance) Act 1990 was enacted to address the need for housing loan subsidies for certain members of the Australian Defence Force (ADF) who undertake warlike service. The Act, along with the incorporated agreement, provides a framework for such subsidies, and section 3C(1) specifically allows the Minister to declare duty as warlike service for the purposes of the Act. The recent Declaration of warlike service, specifically concerning Operation RIVERBANK, aims to recognise the ADF's contribution to the United Nations Assistance Mission in Iraq as warlike service, thereby entitling eligible members to additional benefits under the Act. This includes periods of housing subsidy and an exemption 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. The Declaration, which has retrospective effect, ensures that ADF members already entitled to assistance under the Act can access these additional benefits. Enacted by the Commonwealth Parliament, the policy objective is to support ADF members who participate in warlike operations by providing them with financial assistance to alleviate the burden of housing loans.

Scope and Application

The Defence Force (Home Loans Assistance) Act 1990 applies to members of the Australian Defence Force who are involved in warlike service, with the specific application to members participating in Operation RIVERBANK in Iraq. The Act, supplemented by the Agreement incorporated within it, facilitates the payment of housing loan subsidies to eligible ADF members, and the recent declaration extends the application of the Act to include ADF members who served in Iraq as part of Operation RIVERBANK. This declaration, which was made on 21 July 2008, has retrospective effect to ensure that those already entitled to benefits under the Act and the Agreement are eligible for additional housing loan subsidies and exemptions from the usual five-year qualifying service period. The extent of the additional benefits is contingent on the duration of the warlike service, ranging from two to five additional years of subsidy. The declaration does not affect the rights of any individuals and does not impose any liabilities other than on the Commonwealth in respect of actions taken before the declaration was registered.

Key Provisions

The Defence Force (Home Loans Assistance) Act 1990 (the Act) provides for the payment of housing loan subsidies for certain members of the Australian Defence Force (ADF) under specific circumstances. Section 3C(1) allows the Minister to declare that particular duties are considered warlike service for the purposes of the Act. This is particularly relevant in the context of the Declaration of warlike service for Operation RIVERBANK, which pertains to the ADF's contribution to the United Nations Assistance Mission in Iraq. According to the explanatory statement, the Declaration aims to classify the service rendered in Operation RIVERBANK as warlike service, thereby entitling eligible ADF members to additional benefits under the Act. Clause 2 of the Declaration specifies that it commences on 21 July 2008, the date when ADF members were first approved to deploy on Operation RIVERBANK. Clause 3(a) identifies Iraq as the area of operations covered by the Declaration, while Clause 3(b) limits its applicability to ADF members allotted for duty on Operation RIVERBANK. This Declaration is retrospective, allowing ADF members who have already rendered warlike service and are entitled to assistance to also qualify for additional benefits under the Act. Importantly, the retrospective effect does not affect the rights of any persons nor does it impose liabilities, other than on the Commonwealth, in respect of actions taken before the Declaration was registered. The obligations imposed by the Act and the Declaration are primarily on the Commonwealth to provide housing loan subsidies and additional benefits to eligible ADF members. These benefits include extended periods of housing subsidy, which range from two additional years for warlike service of less than three months to five additional years for warlike service of more than nine months. Additionally, the five-year qualifying period of service is exempted for those who have served in warlike conditions. The Act and Declaration require the Commonwealth to ensure that these benefits are accurately calculated and provided to the eligible ADF members. Failure to comply with the provisions of the Act and the Declaration could lead to civil or criminal consequences, although specific offences and penalties are not detailed in the explanatory statement. The maximum penalties, however, would likely be stipulated in the primary legislation or associated regulations. It is important for the Commonwealth to adhere strictly to the requirements of the Act to avoid any potential legal ramifications and to ensure that the ADF members receive the benefits to which they are entitled.