{"id":"F2006L02842","name":"Veterans' Entitlements Act 1986 - Determination of Hazardous Service - Gulf War (19/07/2006)","slug":"veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60077,"registerId":"commonwealth-F2006L02842-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, for the Minister for Defence:\n\n1.  revoke the Determination made under paragraph 120(7)(b) of the Veterans’ Entitlements Act 1986 (the Act) on 17 May 1991 in relation to service by a member of the Australian Defence Force (ADF) or a member of the ADF serving on exchange or secondment with a foreign Defence Force in the operational area described in Item 10 of schedule 2 (in column 1) of the Act during the period 2 August 1990 to and including 9 June 1991; and\n2.  determine that:\n\n(i). service rendered:\n\n(1) as a member of the Australian Defence Force while proceeding on Defence Force duty from Australia to the specified area, being service commencing on the day on which the member departed from the last port of call in Australia or the 2 August 1990, whichever is the latter, is hazardous service for the purposes of the definition of “hazardous service” in paragraph 120(7) of the Act, and\n\n(2) as a member of the Defence Force serving on exchange or secondment with a foreign Defence Force while proceeding on duty in the course of that exchange or secondment form a place outside the specified area to the specified area, being service commencing on the day on which the member departed from the last port of deployment for that area or the 2 August 1990, whichever is the latter, is hazardous service for the purposes of the definition of “hazardous service” in paragraph 120(7) of the Act.\n\n(ii). the specified area comprises the following countries and sea areas:\n\n(1) Bahrain, Oman, Qatar, Saudi Arabia, the United Arab Emirates and the Island of Cyprus;\n\n(2) the sea areas contained within the Gulf of Suez, the Gulf of Aqaba, the Red Sea, the Gulf of Aden, the Persian Gulf and the Gulf of Oman;\n\n(3) the sea area contained within the Arabian Sea north of the boundary formed by the joining of each of the following points to the next:\n\n(a) 20° 30´ North 70° 40´ East\n\n(b) 14° 30´ North 67° 35´ East\n\n(c) 8° 30´ North 60° 00´ East\n\n(d) 6° 20´ North 53° 52´ East\n\n(e) 5° 48´ North 49° 02´ East\n\n(4) the sea area contained within the Suez Canal and the Mediterranean Sea east of 30° E.\n\nc. This Determination is taken to have commenced on 2 August 1990.\n\nDated 19 July 2006\n\nBRUCE BILLSON\n\nMinister for Veterans’ Affairs\n\nfor the Minister for Defence","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination remains tightly scoped to its original purpose: defining hazardous service for Gulf War veterans. It replaces an earlier determination on the same topic without expanding into new operational areas or entitlements."},"complexity_factors":["Retrospective commencement date (backdated to 1990) creating potential administrative complexity","Precise geographic coordinates requiring maritime boundary calculations","Dual triggering dates requiring 'whichever is later' comparisons for each service member","Cross-reference to paragraph 120(7) of the parent Act without reproducing the definition","Two distinct service pathways (direct ADF members vs exchange/secondment personnel) with slightly different rules"],"plain_english_summary":"This ministerial determination revokes the 1991 Gulf War ruling and redefines what Gulf War service counts as \"hazardous\" for ADF members (including those on exchange/secondment). It covers service and travel into the Gulf War zone from 2 August 1990 to 9 June 1991, including Gulf states, Cyprus and specified adjacent sea and eastern Mediterranean areas. The change affects veterans’ entitlement to disability pensions and other benefits and applies retrospectively to 2 August 1990."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Determination changes scope from the earlier 1991 instrument by revoking that determination (clause 1) and expressly treating transit to the specified operational area and service while on exchange/secondment as hazardous (clause 2(i)). It also specifies detailed geographic boundaries (clause 2(ii)) and applies retrospectively from 2 August 1990 (clause c), thereby expanding and clarifying who and which movements count as hazardous service."},"complexity_factors":["Retrospective commencement (clause c) creates look-back effects for entitlements and records.","Revocation of an earlier 17 May 1991 Determination and replacement (clause 1) requires administrators to reconcile prior decisions and files.","Extension to transit travel and return journeys: hazardous service explicitly includes travel from last port in Australia or last port of deployment (clause 2(i)(1)–(2)), adding evidentiary requirements about ports and departure dates.","Inclusion of members serving on exchange/secondment with foreign Defence Forces (clause 2(i)(2)) broadens covered personnel categories.","Detailed geographic definitions including country lists and sea-area boundaries with coordinates (clause 2(ii)(1)–(4)) raise mapping/interpretation work for claims.","Legal cross-reference to paragraph 120(7) of the Veterans’ Entitlements Act 1986 means final effect depends on statutory definitions and entitlement rules outside this Determination.","Finite date window (2 Aug 1990–9 Jun 1991) concentrates impact but requires precise date verification for eligibility."],"plain_english_summary":"This Determination revokes a 1991 instrument and declares that service by Australian Defence Force members (including those on exchange or secondment with foreign forces) travelling to, from or into the Gulf War operational area between 2 August 1990 and 9 June 1991 counts as “hazardous service” under paragraph 120(7) of the Veterans’ Entitlements Act 1986. The Determination lists the affected countries and sea areas (with precise coordinates) and operates retrospectively from 2 August 1990, affecting eligibility for veterans’ benefits tied to hazardous service."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006","history":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006/history","analysis":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006/analysis","conflicts":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006/conflicts","importantCases":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006/important-cases","documents":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-gulf-war-19-07-2006/documents"}}