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Instrument of Allotment of Units of the Defence Force

Sarawak, Sabah and Brunei 8 December 1962 to 16 August 1964

Schedule 2 Item 6

1. This instrument is issued by the Defence Force under subsection 5B(2) of the Veterans' Entitlements Act 1986 (“the Act”) for use by the Repatriation Commission in determining a person's eligibility for entitlements under the Act.
2. Each Unit or part of a Unit of the Defence Force identified in the Schedule below is allotted for duty in the operational area described in Item 6 of column 1 of Schedule 2 of the Act for the period specified in column 2 of the Schedule below opposite the unit.

3.This Instrument of Allotment does not revoke any previous Instrument issued in relation to Schedule 2 of the Veterans' Entitlements Act 1986.

Dated this — 6 — th day of May 2007

K.J. GILLESPIE, AO, DSC, CSM

Lieutenant General

Vice Chief of the Defence Force

EXPLANATORY STATEMENT

Instruments of Allotment

The concept of 'allotment for duty' was developed following World War II in response to the existence of warlike situations for which Australia had made no formal declaration of war.

“Allotment” is a technical term that describes a special administrative procedure designed to accurately identify persons or units whose duties are directly related to warlike activities within a defined operational area.  Instruments of Allotment are required by legislation to determine eligibility for certain entitlements under both the Veterans' Entitlements Act 1986 and the Income Tax Assessment Act 1936.  Entitlements include the Disability Pension for any illness or injury resulting from that period of service, the Service Pension from age 60, additional home loan assistance and exemptions from income tax.

The current system whereby the Minister for Defence makes a declaration as to whether a deployment is warlike or non-warlike was established in 1993.  In relation to the Veterans' Entitlements Act 1986, a declaration of warlike service gives access to compensatory payments, such as the disability pension.  It is also qualifying service for the service pension and associated benefits.  A declaration of non-warlike service gives access to compensatory payments such as the disability pension, but is not qualifying service for service pension and associated benefits purposes.

In considering whether to allot a unit or person for operational service prior to 1993, it is therefore necessary to assess the nature o — f that unit's/person's service to determine whether it is either warlike or non-warlike.  It follows that not all personnel who enter an operational area will have access to the full suite of benefits available under the Veterans' Entitlements Act 1986.

Instruments made for the purposes of the Veterans' Entitlements Act 1986, depending on the operational theatre concerned, must be issued by either 'the Defence Force' or signed by the Vice Chief of the Defence Force (VCDF) in accordance with section 5B(2) of that Act.  Since the introduction of the current system of Allotment in Defence in 1990, it is customary for all Instruments of Allotment to be signed by the VCDF of the day.

Instruments of Allotment are not a legislative instrument for the purposes of the Legislative Instruments Act 2003 (the LIA) and are therefore not subject to the registration requirements and Parliamentary scrutiny regime outlined in the LIA.

Directorate of Service Conditions

Personnel Policy and Employment Conditions Branch

April 2007