Veterans’ Entitlements Act 1986 (VEA)
Eligibility
Military Service
Overview
This Factsheet provides a brief
description of the types of military service that are covered
under the Veterans’ Entitlements Act 1986 (VEA).
What are the types of military service?
The Australian Defence Force (ADF)
currently has three types of military service:
·
Warlike service - is determined
when the application of force is authorised to pursue specific
military objectives and there is an expectation of casualties.
This includes a state of declared war and conventional
combat operations against an armed adversary.
It also includes peace enforcement activities, that is
peacemaking and not peacekeeping operations, when armed forces
are authorised to restore peace and security.
·
Non–warlike service - where
military activities are operations with a limited objective
and casualties could occur but are not expected. The
only force allowed is in self–defence.
Peacekeeping service and hazardous service constitute
non-warlike service; and
·
Peacetime service - Peacetime
service is routine operations, including training and military
exercises that are not warlike or non–warlike.
The VEA refers to several other types
of service from World War 1 to 1994, including service in
various conflicts and peacekeeping endeavours:
·
Qualifying service - qualifying
service is one of the criteria used to determine eligibility
for certain benefits under the VEA. For
general information about qualifying service for service
pension purposes, refer to factsheet
Qualifying Service Overview : IS 56;
·
Peacekeeping service - activities
such as observation and monitoring of ceasefire agreements,
maintenance of peace and order with the consent of both
parties and sanction enforcement come into the category of
peacekeeping. Peacekeeping is not
the same as peace–enforcement.
Australia
has committed ADF personnel to many separate peacekeeping
endeavours. They have all been UN operated
missions. Certain members of the various Federal and State
Police forces have served on some missions.
The Minister for Defence declares peacekeeping service.
·
Hazardous service - hazardous
service is activity that exposes individuals or units to risks
above normal peacetime and training duties. Activities
such as bomb and mine clearance, aid to a civil power or
protected evacuations carry an element of risk above the
normal;
·
Operational service - usually
relates to veterans who served outside
Australia
(some service in
Australia
during World War 2 is also considered operational service).
Details of the various areas and dates can
be found in Schedule 2 or sections 6D or 6E of the VEA.
Warlike and non-warlike service is also
operational service;
·
Eligible war service - usually
relates to veterans who did not serve outside
Australia.
The standard of proof in deciding your
claim will be the less generous standard of proof (balance of
probabilities); and
·
Defence service (7 December 1972 to
6 April 1994) - Defence service for the VEA applies only from
7 December 1972 to 6 April 1994. Before
1972 coverage was only for those involved in previous
conflicts. After 1994 coverage for members
of the ADF, with some special exceptions, is under the
Military Compensation Scheme 1994.
What service is required for entitlement to disability
pension?
The VEA provides compensation for the
incapacity from a service–related disease, illness or injury.
Peacetime service from 7 December 1972
to 7 April 1994 carries entitlement to compensation under the
VEA.
Warlike and non–warlike service
provide VEA coverage for all members of the Australian Defence
Force since 7 April 1994.
Prior to that date VEA coverage is
provided for a period of service that has been declared:
