15/1991 VALA Act 2 1991 - Amendments to DSHA 1918

Central Office Instruction

Instruction No. 15

Date of Effect: 24 December 1991

AMENDMENTS TO THE DEFENCE SERVICE HOMES ACT 1918 BY THE VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT (No. 2) 1991

Purpose

The purpose of this Instruction is to explain the amendments made by Part 2 of the Veterans' Affairs Legislation Act (No. 2) 1991 which relate to the Defence Service Homes Act 1918.

Background

Following advice from the Department of Defence, the operational dates for areas of Malaya and Singapore, as defined in Schedule 2 of the VEA, have been amended.

Also the closing date for operational service in the Gulf region has been proclaimed. As well, Iraq and Kuwait have been declared operational areas and included in a new Item 11 in Schedule 2 to the VEA.

Changes to VEA

Changes to the dates of operational service for Items 5 and 7 in Schedule 2 to the VEA are required to reflect the periods during which the areas were actually "operational". The dates are amended as follows:

Column 2 of Item 5 - On and from 28 May 1963 to and including 19 April 1967.

Column 2 of Item 7 - On and from 17 August 1964 to and including 30 September 1967.

Item 10 of Schedule 2 had no closing date as hostilities had not commenced, let alone ceased, when the VALA Act (No. 1) 1991 was proclaimed. Now a closing date, 9 June 1991, for operational service in the Gulf region has been included. The dates therefore are as follows:

Column 2 of Item 10 - The period from and including 2 August 1990 to and including 9 June 1991.

The original operational area in Column 1 of Item 10 did not include the areas of Iraq and Kuwait. In view of the different commencement dates and different areas a new Item 11 has been included in Schedule 2 as follows:

Item 11. The area comprising Iraq and Kuwait. The period from and including 23 February 1991 to and including 9 June 1991.

Changes to Defence Service Homes Act 1918

As a result of Iraq and Kuwait being declared operational areas, the following is to be inserted in subsection 4(1) after paragraph (gb) of the definition of "Australian Soldier":

"(gc) a person who, as a member of the Defence Force or as a member of a unit of the Defence Force, was allotted for duty within the meaning of subsection 5B(2) of the Veterans' Entitlements Act 1986 in the operational area described in item 11 of Schedule 2 to that Act during the period specified in that item and whose first service in the Defence Force began on or before 14 May 1985;"

Savings Provisions

A savings provision has been included which protects the rights of any veterans who might otherwise be adversely affected by the amendments to Item 5 of Schedule 2. The savings provision would operate in respect of applications received on or before 7 November 1991 but not finally determined before 8 November 1991. In such cases the application will be determined as though the amendments had not been made.

Effective dates

Except for the savings provisions, the date of commencement of the amendments to Items 5 and 7 is immediately after the commencement of the Veterans' Entitlements Act 1986 (22 May 1986).

The date of commencement of the amendment to item 10 is 24 December 1991.

The date of commencement of the insertion of item 11 is 23 February 1991.

The above amendments will be included in the next reprint of the VEA and DSH legislation.

FELICITY M BARR

GENERAL MANAGER

7 February 1992