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C65/1997 BUDGET AMENDMENT LEGISLATION 1997 - COMPENSATION BENEFITS

Document

DATE OF ISSUE:  24 DECEMBER 1997

BUDGET AMENDMENT LEGISLATION 1997 - COMPENSATION BENEFITS

Purpose

This instruction provides information on changes to compensation benefits made by the Veterans' Affairs Legislation Amendment (Budget and Compensation Measures) Act 1997 which received Royal Assent on 3 November 1997.

Operational Service

Significant changes to operational service provisions include:

  • re-structuring of section 6 of the VEA containing operational service provisions;
  • introduction of definitions of warlike and non-warlike (including hazardous & peacekeeping) service into the VEA; and
  • inclusion of more overseas deployments under the VEA.

Tobacco related disease

Schedule 1, Part 3 of the Amendment Act deals with the Budget initiative to limit compensation for conditions related to tobacco use after 31 December 1997.  This will be the subject of a separate Instruction.

Yugoslavia end date

The period for the operational area of the former Yugoslavia set out in Item 13 of Schedule 2 to the VEA has been amended to “The period from and including 12 January 1992 to and including 24 January 1997”.

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Schedule 2

Item 8

A minor amendment has been made to the description of the operational area in Vietnam; Item 8 of Schedule 2 of the VEA.

Originally, the operational area included all waters 100 nautical miles from the coast.  This was incorrectly converted to 161 kilometers.  In 1987 an amendment corrected only the first occurrence of “161 kilometers”. This amendment corrects the second occurrence to read “185.2 kilometers”

This correction is effective from 5 June 1987 being the date of Royal Assent for Veterans' Affairs Legislation Amendment Act 1987 (the first correction).

Changed Structure

Section 6 of the VEA has been repealed and replaced with a table providing a general outline of sections 6A to 6F which deal with operational service in smaller logical elements.  The provisions have been re-written and re-structured to improve readability.

The rewritten provisions involve no change in policy to previously legislated operational service.  The additional areas and periods of operational service that were announced in the Budget have been included in the new layout.

The new sections are:

  •    s.6A    Operational service - world wars
  •    s.6B    Operational service - Australian mariners
  •    s.6C    Operational service - post World War 2 service in operational areas
  •    s.6D    Operational service - other post World War 2 service
  •    s.6E    Operational service - Korean demilitarised zone and Vietnam
  •    s.6F    Operational service - warlike and non-warlike service.

Operational area is defined in subsection 5B(1) and that refers to Schedule 2 of the VEA which sets out the details of all operational areas.

Section 6A

Section 6A preserves all the existing entitlements relating to service in World War 2.

Subsections 6A(3) and 6A(4) work together to end, from specified cut-off dates, operational service by members of the Defence Force for World War 2 service after the cut-off dates set out in a table in the new subsection 6A(4).

New eligibility:
BCOF

The Budget undertaking to provide uniform compensation coverage for all members of the British Commonwealth Occupation Force (BCOF) in Japan is fulfilled by Item 3 of the table in new subsection 6A(4).

If a veteran served with BCOF, all of that period of service is operational service until 1 July 1951, or the day on which the member arrived back in Australia on the completion of his or her service in that Force, whichever is the earlier.

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Section 6B

The new section 6B deals with operational service by Australian mariners.  This section only covers the operational service by Australian mariners during World War 2 previously covered by the repealed section 6.

Section 6C

The new section 6C deals with operational service after World War 2 in operational areas.  This section only covers the operational service in operational areas previously covered by the repealed section 6.

Section 6D

The new section 6D deals with other operational service after World War 2.  It preserves one existing eligible period and introduces some of the newly eligible areas of operational service.

New eligibility:
Singapore,
NE Thailand

(incl Ubon),

FESR.

The areas and periods of operational service included in section 6D cover a member of the Defence Force or a member of a unit of the Defence Force that was assigned for operational service in:

  • Singapore for the period 29 June 1950 to 31 August 1957 inclusive - a new area;
  • Japan from 28 April 1952 to 19 April 1956 inclusive, which preserves the previous coverage of repealed paragraph 6(1)(s) for personnel serving in Japan in support of operations in Korea; and
  • North East Thailand (including Ubon) for the period 31 May 1962 to 31 August 1968 - new areas,

and a member of the Defence Force or a unit of the Defence Force that was attached to the Far East Strategic Reserve at any time from 2 July 1955 to 27 May 1963 inclusive, which now includes Australian Naval Forces.

However, eligibility will only exist if the member, or the unit of the member, is included in a written instrument issued by the Defence Force for use by the Commission in determining a person's eligibility for entitlements under the VEA.

An instrument for Australian ships attached to FESR has been signed. A copy is attached.  Claims under this provision may now be finalised.

Instruments for the other areas are being prepared.  Further advice concerning finalisation of claims for these other areas will be provided as they are signed.

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Deemed allotment
Vietnam Logistic Support

The new sub-section 6D(3) provides ships attached to FESR with eligibility from the last port of call in Australia until the first port of call on return.

This created an anomaly for people affected by the deemed allotment instrument signed on 22 May 1986 by Kim Beasley, the then Minister for Defence which provides eligibility only while in the operational area.

A new instrument deeming allotment for the Vietnam Logistic Support Group from port-to-port is being prepared for Hon Bronwyn Bishop MP, Minister for Defence Industry, Science and Personnel.  Further information will be provided as soon as the instrument is signed.

Section 6E

The new section 6E deals with operational service in the Korean demilitarised zone and in Vietnam.  This section covers only newly recognised service.

New eligibility:
Korea post 1956
and
Vietnam 1962

Personnel covered under section 6D are members of the Defence Force who were assigned for service and rendered continuous full-time service:

  • in the demilitarised zone between North and South Korea after 18 April 1956; or
  • on HMAS Vampire or Quickmatch in Vietnam from 25 January 1962 to 29 January 1962 inclusive.  Note: Both HMAS Vampire or Quickmatch were attached to the Far East Strategic Reserve immediately before and after this period in Vietnam.

Section 6F

Warlike & non-warlike service

The new section 6F deals with warlike service or non-warlike service both of which are operational service.

Definitions for these new terms are included in subsection 5C(1), which state that warlike / non-warlike service means service of in the Defence Force of a kind determined in writing by the Minister for Defence to be warlike / non-warlike.

Attached for information are the criteria used by the Defence Forces for classifying deployments.  Non-warlike service includes, but is not restricted to, hazardous or peacekeeping service as defined under section 68.  It does not include ordinary peacetime service.

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Future Deployments

It is expected that non-warlike service will replace hazardous service and peacekeeping service for members of the Defence Forces in future.

The capacity to make further determinations of hazardous service has been retained in the event that it may be appropriate to use it instead of non-warlike for some future Defence activity which would not warrant a non-warlike declaration (possibly some activity within Australia).

Peacekeeping service determinations will still be necessary for non-Defence Force personnel.

New section 6F allows the Minister for Defence to immediately ensure that particular service will be operational service by determining that the service is either warlike service or non-warlike service. Consequently, there will be no need to amend the VEA or its schedules to provide repatriation compensation for future deployments of the Australian Defence Force.

New eligibility:
Vietnam
1973-1975

The first declaration of warlike service that will invoke the provisions of section 6F is now being prepared in respect of service in Vietnam from 12 January to 1973 to 29 April 1975 inclusive.

Further advice will be provided on finalisation of any claims held when this declaration is signed by the Minister for Defence.

Qualifying Service

With the exception of service in Vietnam from 12 January 1973 to 29 April 1975 inclusive, none of the newly eligible areas or periods of service constitute qualifying service.

Qualifying service is established by an addition to paragraph 7A(1)(a) which now includes:

“  (iv) rendered warlike service; or  ”.

Warlike service is defined in subsection 5C(1).

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New eligibility:
United Nations Peacekeeping

Schedule 3 to the VEA now includes United Nations sponsored activity in Peacekeeping Forces:

  • United Nations Commission on Korea (UNCOK) from 1 January 1949;
  • United Nations India-Pakistan Observation Mission (UNIPOM) from 20 September 1965;
  • United Nations Interim Force in Lebanon (UNFIL) from 23 March 1978; and
  • United Nations Border Relief Operation in Cambodia (UNBRO) from 1 February 1989.

Attached for information is a new complete listing of Peacekeeping Forces.

Effective Dates

If a claim or application for review was lodged before 13 May 1997, based on the newly legislated service, a decision to grant can be effective from 13 May 1997 - the night of the Budget announcement.

If a claim or application for review was lodged after 13 May 1997, the 3-month backdating provisions of section 20 of the VEA apply.  That is, subsection 20(3) provides that nothing in section 20 empowers the Commission to approve payment of a pension from a date before the person became eligible to be granted the pension.  In the case of these extensions of operational service, a person cannot be eligible to be granted a pension before the commencement date, 13 May 1997.

CCPS

All new periods of service have already be included in the Compensation Claims Processing System (CCPS).

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Processing Impact

Any claims or applications for review that have been held pending the passage of the legislation can now be finalised in respect of service:

  • in BCOF from 3 January 1949 to 30 June 1951;
  • in the demilitarised zone between North and South Korea after 18 April 1956;
  • on HMAS Vampire or Quickmatch in Vietnam from 25 January 1962 to 29 January 1962 inclusive;
  • with United Nations Commission on Korea (UNCOK) from 1 January 1949;
  • with United Nations India-Pakistan Observation Mission (UNIPOM) from 20 September 1965;
  • with United Nations Interim Force in Lebanon (UNFIL) from 23 March 1978;
  • with United Nations Border Relief Operation in Cambodia (UNBRO) from 1 February 1989; and
  • as a member of the Defence Force or of a unit of the Defence Force that was attached to the Far East Strategic Reserve at any time from 2 July 1955 to 27 May 1963 inclusive.

Claims in respect of all other newly included areas and periods of service are subject to separate determinations and must continue to be held until these have been signed.

Enquiries

Perry Phillips

Disability (Compensation & Research) Section

National Office

Phone (02) 6289-6483

WR MAXWELL

BRANCH HEAD

DISABILITY COMPENSATION


ATTACHMENT TO DEPARTMENTAL INSTRUCTION

TYPE OF ADF OVERSEAS DEPLOYMENTS - DEFINITIONS

Warlike

1.  Warlike operations are those military activities where the application of force is authorised to pursue specific military objectives and there is an expectation of casualties. These operations can encompass but are not limited to:

(a)a state of declared war;

(b) conventional combat operations against an armed adversary; and

(c) Peace Enforcement operations which are military operations in support of diplomatic efforts to restore peace between belligerents who may not be consenting to intervention and may be engaged in combat activities. Normally but not necessarily always they will be conducted under Chapter VII of the UN Charter, where the application of all necessary force is authorised to restore peace and security or other like tasks.

Non-Warlike

2. Non-warlike operations are defined as those activities short of warlike operations where there is a risk associated with the assigned task(s) and where the application of force is limited to self defence. Casualties could occur but are not expected. These operations encompass but are not limited to:

(a) Hazardous. Activities exposing individuals or units to a degree of hazard above and beyond that of normal peacetime duty such as mine avoidance and clearance, weapons inspections and destruction, Defence Force aid to civil power, Service protected or assisted evacuations and other operations requiring the application of minimum force to effect the protection of personnel or property, or other like activities.

(b) Peacekeeping. Peacekeeping is an operation involving military personnel, without powers of enforcement, to help restore and maintain peace in an area of conflict with the consent of all parties. These operations can encompass but are not limited to:

( i ) activities short of Peace Enforcement where the authorisation of the application of force is normally limited to minimum force necessary for self defence;

(ii) activities, such as the enforcement of sanctions in a relatively benign environment which expose individuals or units to 'hazards' as described in sub-paragraph 2(a);

(iii)military observer activities with the tasks of monitoring cease-fires, re-directing and alleviating cease-fire tensions, providing 'good offices' for negotiations and the impartial verification of assistance or cease-fire agreements, and other like activities; or

(iv) activities that would normally involve the provision of humanitarian relief


ATTACHMENT TO DEPARTMENTAL INSTRUCTION

Notes:

1. Humanitarian relief in the above context does not include normal peacetime operations such as cyclone or earthquake relief flights or assistance.

2. Peacemaking is frequently used colloquially in place of Peace Enforcement. However in the developing doctrine of Peace operations, Peacemaking is considered as the diplomatic process of seeking a solution to a dispute through negotiation, inquiry, mediation, conciliation or other peaceful means.


ATTACHMENT TO DEPARTMENTAL INSTRUCTION

Schedule 3 - Peacekeeping Forces

Item

Description of Peacekeeping Force

Initial date as a Peacekeeping Force

1

Security Council Commission of Investigation on the Balkans

29 January 1947

2

Committee of Good Offices

25 August 1947

3

United Nations Special Commission on the Balkans

26 November 1947

4

United Nations Commission on Korea

1 January 1949

5

United Nations Military Observer Group in India and  Pakistan

1 January 1949

6

United Nations Commission for Indonesia

28 January 1949

7

United Nations Truce Supervision Organisation

1 June 1956

8

United Nations Operations in the Congo

1 August 1960

9

United Nations Yemen Observation Mission

1 January 1963

10

United Nations Force in Cyprus

14 May 1964

11

United Nations India-Pakistan Observation Mission

20 September 1965

12

United Nations Disengagement Observer Force

1 January 1974

13

United Nations Emergency Force Two

1 July 1976

14

United Nations Interim Force in Lebanon

23 March 1978

15

Commonwealth Monitoring Force in Zimbabwe

24 December 1979

16

Sinai Multinational Force and Observers established by the Protocol between the Arab Republic of Egypt and the State of Israel dated 3 August 1981

18 February 1982

17

United Nations Iran/Iraq Military Observer Group

11 August 1988

18

United Nations Border Relief Operation in Cambodia

1 February 1989

19

United Nations Transition Assistance Group Namibia

18 February 1989

20

United Nations Mission for the Referendum in Western Sahara (Mission des Nations Unies pour un Referendum au Sahara Occidental)

27 June 1991

21

The Australian Police Contingent of the United Nations Transitional Authority in Cambodia

18 May 1992

22

The Australian Police Contingent of the United Nations Operation in Mozambique

27 March 1994

23

Australian Defence Support to a Pacific Peacekeeping Force for a Bougainville Peace Conference

21 September l994

24

The Australian Police Contingent of the Multi-National Force in Haiti

10 October 1994


Instrument for determining eligibility under the
Veterans' Entitlements Act 1986

Section 6D

Veterans' Entitlements Act 1986

1.This instrument is issued by the Defence Force under subsection 6D(1) of the Veterans' Entitlements Act 1986 for use by the Repatriation Commission in determining a person's eligibility for entitlements under that Act.

2.Each unit of the Defence Force identified in column 1 of the Schedule to this instrument was attached to the Far East Strategic Reserve between, and including, the dates set out opposite that unit in column 2.

Schedule

Column 1

Column 2

HMAS Anzac

2 July 1955 to 8 July 1955

24 November 1955 to 22 December 1955

18 February 1956 to 19 March 1956

6 July 1956 to 30 August 1956

3 September 1956 to 14 September 1956

24 September 1956 to 8 October 1965

5 April 1957 to 7 May 1957

7 June 1957 to 12 August 1957

24 August 1957 to 7 September 1957

11 December 1957 to 27 January 1958

25 March 1958 to 28 April 1959

12 May 1959 to 9 June 1959

18 June 1959 to 17 August 1959

31 August 1959 to 9 September 1959

18 September 1959 to 10 October 1959

16 November 1959 to 5 December 1959

HMAS Arunta

2 July 1955 to 2 August 1955

4 October 1955 to 27 October 1955

14 November 1955 to 11 December 1955


Column 1

Column 2

HMAS Melbourne

21 September 1956 to 12 October 1956

5 April 1957 to 7 May 1957

7 June 1957 to 28 June 1957

17 March 1958 to 3 April 1958

23 April 1958 to 13 May 1958

18 March 1959 to 28 April 1959

7 April 1960 to 28 April 1960

6 May 1960 to 20 May 1960

6 June 1960 to 16 June 1960

24 March 1961 to 17 April 1961

28 February 1962 to 16 March 1962

15 April 1963 to 8 May 1963

10 May 1963 to 25 May 1963

HMAS Parramatta

21 June 1962 to 23 August 1962

10 September 1962 to 2 October 1962

9 May 1963 to 18 May 1963

HMAS Quandrant

2 July 1955 to 9 July 1955

7 March 1956 to 10 April 1956

21 September 1956 to 7 October 1956

HMAS Queenborough

7 March 1956 to 10 April 1956

21 September 1956 to 8 October 1956

21 December 1956 to 4 February 1957

6 March 1957 to 7 May 1957

14 June 1957 to 2 July 1957

5 February 1959 to 1 March 1959

8 March 1959 to 28  April 1959

25 February 1960 to 25 March 1960

4 April 1960 to 20 April 1960

9 May 1960 to 20 May 1960

27 May 1960 to 5 July 1960

24 March 1961 to 17 April 1961

22 April 1961 to 14 May 1961

24 June 1961 to 6 July 1961

6 March 1962 to 19 March 1962

28 September 1962 to 31 October 1962

8 November 1962 to 1 December 1962

5 December 1962 to 22 December 1962

4 February 1963 to 16 February 1963


Column 1

Column 2

HMAS Quiberon

17 March 1958 to 3 April 1958

13 August 1958 to 5 September 1958

20 November 1958 to 23 January 1959

27 January 1959 to 1 March 1959

8 March 1959 to 28 April 1959

23 June 1960 to 8 July 1960

15 July 1960 to 16 August 1960

10 September 1960 to 10 October 1960

14 October 1960 to 8 November 1960

29 June 1961 to 13 August 1961

12 September 1961 to 21 September 1961

24 September 1961 to 28 October 1961

22 November 1961 to 7 December 1961

28 September 1962 to 31 October 1962

8 November 1962 to 1 December 1962

6 December 1962 to 18 December 1962

4 February 1963 to 16 February 1963

HMAS Quickmatch

7 March 1956 to 10 April 1956

21 September 1956 to 8 October 1956

21 December 1956 to 6 February 1957

6 March 1957 to 7 May 1957

7 June 1957 to 29 June 1957

24 September 1958 to 6 November 1958

20 November 1958 to 8 December 1958

26 November 1959 to 24 December 1959

2 January 1960 to 20 February 1960

23 February 1960 to 6 March 1960

30 October 1960 to 14 December 1960

15 January 1961 to 24 January 1961

2 February 1961 to 10 March 1961

14 March 1961 to 27 March 1961

30 November 1961 to 22 December 1961

15 January 1962 to 25 January 1962

29 January 1962 to 24 February 1962

2 March 1962 to 27 March 1962

HMAS Supply

7 March 1963 to 30 March 1963

10 May 1963 to 25 May 1963

HMAS Sydney

21 September 1956 to 13 October 1956


Column 1

Column 2

HMAS Tobruk

2 July 1955 to 8 July 1955

24 November 1955 to 9 January 1956

18 February 1956 to 23 March 1956

30 July 1956 to 1 September 1956

24 September 1956 to 8 October 1956

5 April 1957 to 7 May 1957

7 June 1957 to 20 July 1957

22 July 1957 to 7 September 1957

9 December 1957 to 3 January 1958

9 January 1958 to 27 January 1958

26 March 1959 to 28 April 1959

19 May 1959 to 11 June 1959

14 June 1959 to 21 August 1959

4 September 1959 to 27 September 1959

16 November 1959 to 5 December 1959

HMAS Vampire

23 June 1960 to 8 July 1960

15 July 1960 to 16 August 1960

10 September 1960 to 10 October 1960

14 October 1960 to 5 November 1960

15 November 1960 to 30 November 1960

29 September 1961 to 3 November 1961

15 January to 1962 to 25 January 1962

29 January 1962 to 24 February 1962

2 March 1962 to 27 March 1962

8 February 1963 to 1 March 1963

10 March 1963 to 29 March 1963

15 April 1963 to 8 May 1963

22 July 1958 19 August 1958 (These dates are incorrect and have been deleted)

HMAS Vendetta

26 November 1959 to 24 December 1959

2 January 1960 to 20 February 1960

18 March 1960 to 27 March 1960

11 April 1960 to 28 April 1960

6 May 1960 to 20 May 1960

23 June 1960 to 5 July 1960

28 March 1961 to 17 April 1961

4 May 1961 to 28 May 1961

7 July 1961 to 14 August 1961

12 September 1961 to 3 October 1961

26 March 1962 to 12 April 1962


Column 1

Column 2

HMAS Voyager

21 January 1958 to 3 April 1958

23 April 1958 to 13 May 1958

4 June 1958 to 10 July 1958

22 July 1958 to 19 August 1958

18 March 1959 to 28 April 1959

7 April 1960 to 15 April 1960

6 May 1960 to 2 June 1960

5 January 1961 to 24 January 1961

17 February 1961 to 9 March 1961

25 March 1961 to 17 April 1961

28 February 1962 to 16 March 1962

8 February 1963 to 1 March 1963

10 March 1963 to 29 March 1963

15 April 1963 to 8 May 1963

HMAS Warramunga

2 July 1955 to 15 July 1955

19 September 1955 to 27 October 1955

14 November 1955 to 11 December 1955

5 April 1957 to 2 May 1957

21 January 1958 to 3 April 1958

23 April 1958 to 12 May 1958

15 May 1958 to 19 August 1958

HMAS Yarra

23 June 1962 to 23 August 1962

10 September 1962 to 2 October 1962

10 May 1963 to 19 May 1963

Dated this Twenty-Sixth day of November 1997

(signed)

C A BARRIE

Vice Admiral, AM, RAN

Vice Chief of the Defence Force