B05/1992 1991 AMENDMENTS TO VETERANS' AFFAIRS LEGISLATION AFFECTING COMPENSATION MATTERS.

DATE OF ISSUE:  17 January 1992

1991 AMENDMENTS TO VETERANS' AFFAIRS LEGISLATION AFFECTING COMPENSATION MATTERS.

INTRODUCTION

The purpose of this Instruction is to advise of changes to Compensation matters which have been introduced by the Veterans' Affairs Legislation Amendment Bill (No.2) 1991.

2.The amending legislation received Royal Assent on 24 December 1991.  This will also be the date of commencement, unless otherwise stated.

AMENDMENTS OF DATES TO SCHEDULE 2 - OPERATIONAL AREAS

3.Schedule 2 of the VEA describes the operational areas and the periods during which service in such areas are to be regarded as operational service for the purposes of determining eligibility for benefits under the Act.

Amendments to Items 5 and 7 - Areas of Malaya and Singapore

4.Changes were required to Items 5 and 7 to amend the dates for operational service in Column 2. The changes to the dates are required to reflect the periods during which the areas defined were actually "operational".  The dates are amended as follows:

.Column 2 of Item 5 - omit dates from 31 July 1962 -11 January 1973 and substitute 28 May 1963 - 19 April 1967.

.Column 2 of Item 7 - omit date 7 July 1965 and substitute 17 August 1964.

The revised commencing dates for the operational areas in Items 5 and 7 of Schedule 2 are based on advice from the Department of Defence.  The dates represent the periods during which the areas described are considered to be "operational" and cover the relevant periods during which elements of the Forces were in the areas concerned.  However, savings provisions have been included to protect the interests of any persons who have already lodged claims for the old periods for Items 5 and 7 (see paragraph 12).

5.Except for the savings provisions, these amendments commence immediately after the commencement of the Veterans' Entitlements Act 1986 (22 May 1986).

Amendment to Item 10

6.Item 10 of the Schedule was added by the Veterans' Affairs Legislation Amendment Act 1990 to include the operational area for the Gulf, excluding Iraq and Kuwait, with effect from 2 August 1990.  As at that time hostilities had not commenced, an end date could not be inserted.

7.A closing date of 9 June 1991 for operational service in the Gulf region has now been included.

.Column 2 of Item 10 - Insert "to and including 9 June 1991" after "1990".

Any service in the Gulf area after that date will be hazardous service.

Inclusion of Item 11

8.The original operational area in Column 2 of Item 10 excluded the areas of Iraq and Kuwait.

9.In view of the different commencement dates and different areas a new item (Item 11) has been included in Schedule 2 to provide that the area comprising Iraq and Kuwait is an operational area for the period 23 February 1991 to and including 9 June 1991.

10.The Allotted for Duty provisions in section 5(B)(2)(b) have also been amended to include the new Item 11 in the procedures whereby the Vice Chief of the Defence Force may issue a written instrument of allotment.

11.The commencement date of Item 11 and the amendment of section 5(B)(2)(b) is 23 February 1991, which was the date of the beginning of the ground offensive in the Gulf war.

Savings and Transitional provisions

Processing of claims

12.A savings provision has been included which protects the rights of any veterans who might otherwise be adversely affected by the proposed amendments to Item 5 of Schedule 2.  The savings provision would operate in respect of claims, applications or benefits granted on or before 7 November 1991 and claims or applications not finally determined before 8 November 1991, in which case the claim or application will be determined as though the amendments had not been made.

PETER HAWKER

NATIONAL PROGRAM DIRECTOR

BENEFITS