{"id":"F2006L02872","name":"Veterans' Entitlements Act 1986 - Determination of Hazardous Service - Haiti (19/07/2006)","slug":"veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":60113,"registerId":"commonwealth-F2006L02872-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 21 November 1994 in relation to service in Haiti as part of the United Sates of America led multi-national force on or after 17 September 1994; and\n2.  determine that:\n\n(i). service rendered as a member of the Australian Defence Force as part of the United States of America led multi-national force on or after 17 September 1994 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 Haiti.\n\nc. This Determination is taken to have commenced on 17 September 1994.\n\nDated 19 July 2006\n\nBRUCE BILLSON\n\nMinister for Veterans’ Affairs\n\nfor the Minister for Defence","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This instrument revokes the earlier Determination dated 21 November 1994 (item 1) and replaces it by declaring that ADF service as part of the United States‑led multi‑national force in Haiti on or after 17 September 1994 is \"hazardous service\" for the purposes of paragraph 120(7) of the Veterans' Entitlements Act 1986 (item 2(i)–(ii)). The Determination is backdated to 17 September 1994 (c). The practical scope thus changes from whatever legal position applied under the revoked 1994 Determination to the current position that such service is treated as hazardous from 17 September 1994 onwards."},"complexity_factors":["Very narrow subject‑matter: single determination about one theatre (Haiti) and a single start date (17 September 1994) (item 2(ii), c).","Cross‑reference to external statutory provision (paragraph 120(7) of the Veterans' Entitlements Act 1986) for substantive legal effects (item 2(i)).","Retrospective effect requiring administrative application to past service and claims (c).","Revocation of a specific earlier determination (21 November 1994) and replacement by new legal position (item 1).","Ministerial decision‑making power is exercised, with no procedural detail in the instrument about how decisions under the Act are implemented (opening line)."],"plain_english_summary":"What this instrument does\n\n- It revokes an earlier determination made on 21 November 1994 (item 1).  \n- It then declares that certain Australian Defence Force (ADF) service in Haiti is \"hazardous service\" for the purposes of paragraph 120(7) of the Veterans' Entitlements Act 1986 (item 2(i)–(ii)).  \n- The Determination is treated as having commenced on 17 September 1994 (c).\n\nWho it affects\n\n- Members of the Australian Defence Force who served as part of the United States of America‑led multi‑national force in Haiti on or after 17 September 1994 (item 2(i)–(ii)).\n\nWhy it matters (mechanics, not policy)\n\n- This instrument changes the legal label applied to that specified service: it is now classified as \"hazardous service\" for the limited legal purpose stated (item 2(i)).  The legal consequences of that label flow from paragraph 120(7) of the Veterans' Entitlements Act 1986 (the Act), which the Determination expressly references.\n- The Determination is retrospective: it is treated as having commenced on 17 September 1994 (c). That means the classification applies to qualifying service from that date forward, including past service.\n\nPractical effects, incentives and administrative implications (source‑grounded)\n\n- Who decides: the instrument is made by the Minister for Veterans' Affairs acting for the Minister for Defence (opening line). That identifies the ministerial office as the decision‑maker for this Determination.\n- Who is affected financially or administratively: the Act sets entitlement rules; by changing the classification that the Act uses (item 2(i)), this Determination can change how the Act applies to affected personnel. Any change in entitlement outcomes follows the Act's rules (the Determination itself does not state the specific benefits or payments).\n- Retrospective application (c) requires administrators to apply the new classification to service records and any past or pending claims for service on or after 17 September 1994. That creates a concrete administrative task to reassess eligibility where relevant.\n- Revocation of the earlier determination (item 1) replaces the previous legal position about the same service period and area with the new position that the service is hazardous (item 2). The concrete effect is that, for the legal tests in paragraph 120(7) of the Act, the service in the specified area (Haiti) is now treated as hazardous.\n\nTrade‑offs, risks and compliance burdens (derived from the instrument's mechanics)\n\n- Narrow scope reduces complexity: the Determination targets a specific cohort (ADF personnel serving with the US‑led multi‑national force in Haiti on or after 17 September 1994) and a single legal issue (whether that service is \"hazardous service\") (item 2(i)–(ii)).\n- Administrative implementation costs: because the Determination is retrospective (c) and revokes a prior 1994 instrument (item 1), government administrators will need to update records and apply the new classification to past service and claims. The instrument does not set offsets, caps, or procedural detail; application follows from the Act's existing framework (item 2(i)).\n- Ministerial discretion: the instrument illustrates that the Minister makes determinations under the Act (opening line). The text does not constrain how the Minister reached the conclusion or impose procedural steps in this instrument itself.\n\nSource references: opening line (identity of Minister and who the instrument is made for); item 1 (revocation of 21 November 1994 Determination); item 2(i)–(ii) (statement that the specified service is hazardous and that the specified area is Haiti); paragraph c (commencement backdated to 17 September 1994)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination operates exactly within its intended scope: classifying specific military service as 'hazardous' under the Veterans' Entitlements Act. It does not expand beyond the Act's framework or introduce new categories of entitlement."},"complexity_factors":["Very short document (under 300 words)","Only 2 operative provisions (revocation and new determination)","Single defined term reference ('specified area' defined simply as 'Haiti')","No nested exceptions or conditional logic","Straightforward retroactive commencement date","Minimal cross-referencing (only references to section 120(7) of the parent Act)"],"plain_english_summary":"This is a ministerial determination that changes how Australian Defence Force members who served in Haiti in 1994 are classified for veterans' benefits.\n\n**What it does:**\n- **Revokes (cancels)** an earlier 1994 decision about service in Haiti\n- **Replaces it** with a new classification: service in Haiti from 17 September 1994 onwards is now officially \"hazardous service\"\n\n**Who it affects:**\n- Australian Defence Force members who served in Haiti as part of the US-led multinational force from 17 September 1994 onwards\n\n**Why it matters:**\n- **\"Hazardous service\"** is a special legal category under the Veterans' Entitlements Act. When service is classified this way, veterans may be eligible for **additional benefits or different compensation rules** compared to regular service.\n- The determination **backdates** to 1994, meaning it applies to service that happened over a decade earlier. This ensures affected veterans can claim benefits they may have been entitled to all along.\n- This appears to correct or update the classification of this particular peacekeeping/humanitarian mission to ensure proper recognition and entitlements for those who served."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006","history":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006/history","analysis":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006/analysis","conflicts":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006/conflicts","importantCases":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006/important-cases","documents":"/api/acts/veterans-entitlements-act-1986-determination-of-hazardous-service-haiti-19-07-2006/documents"}}