{"id":"F2007L01654","name":"Veterans' Entitlements Act 1986 - Determination of Hazardous Service - Afghanistan (24/05/2007)","slug":"veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":66300,"registerId":"commonwealth-F2007L01654-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Veterans’ Entitlements Act 1986","sectionType":"part","heading":"Veterans’ Entitlements Act 1986","content":"# Veterans’ Entitlements Act 1986\n\nDetermination of Hazardous Service\n\nI, Bruce Billson, Minister for Veterans’ Affairs:\n\n1.  revoke the Determination made under paragraph 120(7) of the Veterans’ Entitlements Act 1986 (the Act) on 19 July 2006 in relation to service in Afghanistan with the United Nations Office for Co-ordinating Assistance to Afghanistan (UNOCA) or the United Nations Mine Clearing Training Team (UNMCTT) on or after 8 June 1992; and\n2.  determine that:\n\n(i). service rendered as a member of the Australian Defence Force with the United Nations Office for Co-ordinating Assistance to Afghanistan (UNOCA) or the United Nations Mine Clearing Training Team (UNMCTT) on or after 8 June 1991 in the specified area, is hazardous service for the purposes of the definition of “hazardous service” in paragraph 120(7) of the Act, and\n\n(ii). the specified area comprises Afghanistan.\n\nc. This Determination is taken to have commenced on 8 June 1991.\n\nDated 24th May 2007\n\nSigned Bruce Billson\n\nBRUCE BILLSON\n\nMinister for Veterans’ Affairs","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Determination changes the temporal scope of the hazardous-service classification compared with the earlier Determination it revokes. The earlier Determination (revoked at clause 1) related to service on or after 8 June 1992; the new Determination declares service with UNOCA or UNMCTT in Afghanistan to be hazardous service on or after 8 June 1991 (clause 2(i) and clause c), thereby extending coverage back by one year. The instrument also explicitly defines the specified area as Afghanistan (clause 2(ii))."},"complexity_factors":["Cross-reference to an external statutory definition (paragraph 120(7) of the Veterans’ Entitlements Act 1986) requires readers to consult the Act to see full legal consequences (clause 2(i)).","Revocation of a prior Determination requires comparing two instruments (clause 1), which raises archival and interpretation work for administrators.","Retrospective commencement to an earlier date (8 June 1991) creates potential need to re-open historical records and claim assessments (clause c).","The instrument is narrow in subject matter (specific units, locations and dates) and contains no procedural or financial detail, so implementation relies on existing administrative frameworks (clauses 2(i)–(ii)).","Ministerial discretion is exercised without accompanying policy explanation or limiting criteria in the text, requiring reliance on broader statutory context to judge scope (header, clause 1, clause 2)."],"plain_english_summary":"What this instrument changes, in plain terms\n\n- The Minister for Veterans’ Affairs (Bruce Billson) has revoked an earlier Determination (made 19 July 2006) that dealt with certain Australian Defence Force (ADF) service in Afghanistan (clause 1). The text of the earlier Determination is not reproduced here; the instrument simply revokes it.\n\n- The Minister then declares that, for the purposes of the definition of “hazardous service” in paragraph 120(7) of the Veterans’ Entitlements Act 1986, ADF service with either the United Nations Office for Co-ordinating Assistance to Afghanistan (UNOCA) or the United Nations Mine Clearing Training Team (UNMCTT) in the area specified is to be treated as hazardous service where that service was rendered on or after 8 June 1991 (clause 2(i)). The instrument also says the “specified area” is Afghanistan (clause 2(ii)).\n\n- The Determination is taken to have commenced on 8 June 1991 (commencement provision, clause labeled “c”). The instrument is signed and dated 24 May 2007 by the Minister (header and signature).\n\nWho is affected and how it matters mechanically\n\n- Who decides: the Minister for Veterans’ Affairs made the change (header and signature). The instrument exercises the Minister’s power under paragraph 120(7) of the Veterans’ Entitlements Act 1986 by revoking one Determination and making another (clause 1 and clause 2).\n\n- What changes for individuals: the instrument changes which periods and postings are defined as “hazardous service” for the legal purposes set out in paragraph 120(7) (clause 2(i)). By declaring service on or after 8 June 1991 with UNOCA or UNMCTT in Afghanistan to be hazardous service, it expands the temporal coverage of that classification back to 8 June 1991 (compare revoked instrument referenced at clause 1, which dealt with service on or after 8 June 1992).\n\n- Legal effect mechanism: this instrument alters the legal classification used by the Act (it modifies which service periods fall within the definition of hazardous service). Any rights, entitlements, or administrative decisions in the Act that turn on that definition will be applied with reference to the new Determination (clause 2(i) referencing paragraph 120(7)).\n\nOfficial rationale and what the text actually says\n\n- The text itself does not set out reasons or a policy explanation. It records administrative actions: revocation of a prior Determination and the new declaration that certain service is hazardous for the purposes of paragraph 120(7) (clause 1; clause 2(i)–(ii)). The instrument takes effect retrospectively to 8 June 1991 (clause c).\n\nPractical implications, trade-offs and implementation points (mechanisms, not judgments)\n\n- Expansion of coverage: by moving the qualifying date back one year to 8 June 1991 (clause 2(i) and clause c), the Determination increases the set of service periods classified as hazardous service. The mechanism is the change in the legal definition that administrative decision-makers must apply (clause 2(i)).\n\n- Administrative and compliance effects: agencies and decision-makers administering the Veterans’ Entitlements Act will need to apply the new definition for the specified services and years (clause 2(i), clause c). That can produce additional administrative work (identifying affected records and reassessing claims tied to the hazardous-service classification). The instrument itself does not specify administrative processes or timelines.\n\n- Discretion exercised: the instrument demonstrates ministerial exercise of the power to make or revoke Determinations under paragraph 120(7) (clause 1 and clause 2). The text does not limit or detail how that discretion will be exercised in other cases.\n\n- Concentration of change: the immediate statutory effect is concentrated on people who served with UNOCA or UNMCTT in Afghanistan on or after 8 June 1991 (clause 2(i)–(ii)). The text does not state financial sums, ongoing administrative costs, or who will fund any downstream effects; it simply alters the legal classification used by the Act (clause 2(i)).\n\nSummary statement\n\nMechanically, this is a ministerial Determination that (1) revokes a specific earlier Determination and (2) declares that ADF service with UNOCA or UNMCTT in Afghanistan on or after 8 June 1991 is “hazardous service” for the purposes of paragraph 120(7) of the Veterans’ Entitlements Act 1986, with the Determination taken to have commenced on 8 June 1991 (clauses 1, 2(i)–(ii), and c). The instrument does not include an explanation of reasons, nor does it set out administrative arrangements or financial details; it changes only the legal classification that decision-makers must apply under the Act (clause 2(i))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination operates exactly within its intended scope: declaring specific UN peacekeeping/service missions as hazardous service for veterans' benefits purposes. It does not expand beyond the original purpose of the Veterans' Entitlements Act framework for classifying service types."},"complexity_factors":["Very short document (under 300 words)","Only 2 operative provisions plus commencement clause","Single defined term ('the Act')","No cross-references to other legislation beyond the parent Act section","Simple chronological logic (revoke old, replace with new, backdate commencement)","No nested conditions or exceptions"],"plain_english_summary":"This is a ministerial determination that changes the rules for veterans who served in Afghanistan with two specific United Nations missions: the UN Office for Co-ordinating Assistance to Afghanistan (UNOCA) and the UN Mine Clearing Training Team (UNMCTT).\n\n**What it does:**\n- **Revokes (cancels)** an earlier decision from July 2006 that covered service from 8 June 1992 onwards\n- **Replaces it** with a new decision that backdates eligibility to **8 June 1991** — a full year earlier\n- Declares that service with these two UN missions in Afghanistan counts as **\"hazardous service\"** under the Veterans' Entitlements Act 1986\n\n**Who it affects:**\n- Australian Defence Force members who served with UNOCA or UNMCTT in Afghanistan between June 1991 and June 1992 (who were previously excluded)\n- These veterans may now qualify for disability compensation and other benefits under the \"hazardous service\" category, which typically offers more favourable treatment than standard service\n\n**Why it matters:**\nThe one-year backdate could mean significant financial and healthcare benefits for veterans who served in the early 1990s during a dangerous period in Afghanistan's history, including during the civil war following the Soviet withdrawal. The retrospective commencement date ensures no one misses out due to the administrative delay in making this determination."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007","history":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007/history","analysis":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007/analysis","conflicts":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007/conflicts","importantCases":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007/important-cases","documents":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-afghanistan-24-05-2007/documents"}}