Commonwealth legislation

Veterans' Entitlements Act 1986 - Determination of Warlike and Non-warlike Service - OPERATION SOUTHERN WATCH (15/10/2007)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

2/10 complexity

This determination changes how Australian Defence Force (ADF) service during Operation Southern Watch is classified for veteran benefits. Operation Southern Watch was the coalition operation enforcing no-fly zones over southern Iraq between 1992 and 2003.

What changes:

Service in Iraq (31 August 1992 to 12 January 2003): Now classified as warlike service. This covers ADF members assigned to work with United States forces patrolling the Iraq No-Fly-Zones.
Service in Saudi Arabia, Kuwait, and Incirlik airbase (Turkey) (23 September 1999 to 12 January 2003): Classified as non-warlike service.

Why this matters: The classification affects veterans' compensation, disability pensions, and access to healthcare. Warlike service typically qualifies for higher benefits and broader coverage than non-warlike service. This determination replaces an earlier 2003 decision and applies retrospectively from 16 April 2007.

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Current sections

Direct links to the current provisions in Veterans' Entitlements Act 1986 - Determination of Warlike and Non-warlike Service - OPERATION SOUTHERN WATCH (15/10/2007).

Veterans’ Entitlements Act 1986

Determination of Warlike and Non-warlike Service

OPERATION SOUTHERN WATCH

I, Bruce Billson, Minister for Veterans’ Affairs:

revoke the non-warlike determination made under subsection 5C(1) of the Veterans’ Entitlements Act 1986 (the Act) on 27 May 2003 in relation to Operation SOUTHERN WATCH, and
determine that:

(i). the area of operations comprises Iraq; and

(ii). service rendered as a member of the Australian Defence Force assigned for service with the United States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation SOUTHERN WATCH during the period 31 August 1992 to 12 January 2003 in the area of operations outlined at b(i) is warlike service for the purposes of the definition of “warlike service” in subsection 5C(1) of the Act.

c. determine that:

(i). the area of operations comprises Saudi Arabia, Kuwait and the Incirlik airbase in Turkey; and

(ii). service rendered as a member of the Australian Defence Force assigned for service with the United States elements of the coalition force operation to patrol the Iraq No-Fly-Zones on Operation SOUTHERN WATCH during the period 23 September 1999 to 12 January 2003 in the area of operations outlined at c(i) is non-warlike service for the purposes of the definition of “non-warlike service” in subsection 5C(1) of the Act.

d. this Determination is taken to have commenced on 16 April 2007.

Dated 15 October 2007

Signed Bruce Billson

BRUCE BILLSON

Minister for Veterans’ Affairs

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

Veterans’ Entitlements Act 1986 Veterans’ Entitlements Act 1986