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C10/1996 ALLOTTED FOR DUTY - SERVICE IN THE OPERATIONAL AREA
DATE OF ISSUE: 24 JANUARY 1996
ALLOTTED FOR DUTY - SERVICE IN THE OPERATIONAL AREA
This instruction notifies the changes to the VEA made by the Veterans Affairs (1995-96 Budget Measures) Legislation Amendment Act 1995 in so far as they affect disability pensions under Part II of the VEA. Service Pension matters arising from the Act are covered in DI B67/95.
The amendments were foreshadowed in B06/95 which also advised States to maintain records of claimants who would be affected by the changes. Royal Assent was given to the Amendment Bill on 14 November 1995 and States may now finalise outstanding claims.
Section 6 of the VEA covering operational service, has been changed by Schedule 2 of the Amendment Act. The substantive changes reword paragraph 6(1)(e) and add new paragraph 6(1)(s) and sub-section 6(10).
Paragraph 6(1)(e) rearranges the existing words by bringing together the words “service” and “in an operational area” closer together. The new arrangement is to make it explicit that for this paragraph to apply both allotment for duty and actual service in the operational area is necessary. This amendment involves no policy change but more clearly states the original intention.
The new paragraph 6(1)(s) makes special provisions extending the definition of operational service to cover people who served only in Japan although their units were allotted for duty in Korea. The instruments by the Defence Force allotting these units for duty in Korea are sufficient for current purposes. However it is anticipated that the Defence Force will now issue new instruments, expressly referring to the new provisions, listing for the purposes of the Repatriation Commission those units that were assigned for service in Japan. This will mean that members of these particular units who served in Japan will have operational service and will be eligible for Pensions under Part II.
Paragraph 6(1)(s) also introduces the expression assigned for service. This expression refers only to service that was not in an operational area, leaving the words allotted for duty to refer to service in operational areas.
The new sub-section 6(10) is very similar to the existing sub-section 6(5) and sets out commencement and end dates of operational service. The provisions apply only to operational service in Japan as described in paragraph 6(1)(s).
The eligibility guide in the research library is being amended to reflect these changes.
The Contact Officer for this instruction is Perry Phillips, Compensation (Policy & Review) Section. Telephone (06) 289- 6483.
Ag DIVISION HEAD