DVA Legislation

Butterworth Service Is Now Non-Warlike: What It Means for Your DVA Claims

29 October 20268 min readLuke Martin

Australian Defence Force service at Butterworth, Malaysia, between 15 November 1970 and 31 December 1989 is now non-warlike service. The Government announced the change on 9 October 2026, and the legal instruments that give it effect were registered on 9 and 12 October, so this is law, not just a promise. If you served with Rifle Company Butterworth (RCB) or were posted to Air Base Butterworth in that period, DVA now has to assess claims linked to that service under the more generous reasonable hypothesis standard.

It is not warlike service, and it is not qualifying service. It does not give you the Service Pension, a Gold Card at 70, or an Australian Active Service Medal. Below we cover what changed, who is covered, what it means for your claims, and what to do now.

What the Government decided

Minister for Veterans' Affairs and Defence Personnel Matt Keogh announced on 9 October 2026 that Butterworth service from 1970 to 1989 would move from 'peacetime service' to 'non-warlike service'. The Government accepted the recommendation of the Defence Honours and Awards Appeals Tribunal (DHAAT), whose inquiry into Rifle Company Butterworth reported on 22 August 2023.

The Tribunal found that RCB service was "neither 'peacetime' ... nor 'warlike' ... but was actually 'non-warlike'". It called Defence's analysis supporting the peacetime classification "plainly unsustainable" and recommended that the service be recognised as non-warlike under the Veterans' Entitlements Act "as quickly as practicable". That took just over three years.

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Medals do not change. RCB service is still recognised by the Australian Service Medal 1945–75 (for service to 13 February 1975) or the Australian Service Medal with Clasp 'SE ASIA' (to 31 December 1989). The Tribunal did not recommend the Australian Active Service Medal, the Returned from Active Service Badge, or the Pingat Jasa Malaysia, and the Government has not added any of them.

Why registration matters this time

A classification of service only has legal effect once the instrument is registered on the Federal Register of Legislation. Butterworth veterans know this better than anyone. On 18 September 2007, the then Minister signed determinations classifying RCB service as non-warlike (1970 to 1972) and hazardous (1972 to 1989). They were never registered, so they never took effect.

This time, both instruments are on the Register:

  • Veterans' Entitlements (Non-warlike Service) Amendment Determination (No. 4) 2026 (F2026L01374), made under section 5C(1) of the Veterans' Entitlements Act 1986 (VEA). Registered 9 October 2026 and in force from 10 October 2026.
  • Military Rehabilitation and Compensation (Non-warlike Service) Amendment Determination (No. 5) 2026 (F2026L01371), made under section 6(1)(b) of the Military Rehabilitation and Compensation Act 2004 (MRCA). Registered 12 October 2026 and in force from 13 October 2026.

Both were signed by Minister Keogh on 7 October 2026. The explanatory statement for the VEA instrument says it applies to past service so that no member, or their legal personal representative, is disadvantaged in claims for death, injury or disease connected with that service.

Who is covered

Both instruments cover Defence Force service in Malaysia between 15 November 1970 and 31 December 1989 where you were either:

  • a member of Rifle Company Butterworth, or
  • a member posted to, or assigned for service at, Air Base Butterworth.

The second limb is important. The Government's announcement only talked about Rifle Company Butterworth veterans, and the Tribunal had left RAAF recognition as a separate recommendation, so many RAAF veterans assumed they were out. On its plain wording, the registered instrument covers any ADF member posted or assigned to Air Base Butterworth in that period. That includes RAAF Airfield Defence Guards, RAAF Police, security guards, squadron members, and base staff.

Service after 31 December 1989 is not covered. The DHAAT has already refused medallic recognition for later RCB rotations, for example a 1996 rotation in Cowled and the Department of Defence [2026] DHAAT 4.

What changes for your DVA claims

A lower standard of proof

Peacetime service is assessed on the balance of probabilities. You have to show it is more likely than not that your condition is connected to your service, using the stricter version of each Statement of Principles (SoP). Non-warlike service is assessed on the reasonable hypothesis standard. Your evidence only has to point to a hypothesis that fits the reasonable hypothesis SoP, and DVA must accept the claim unless it is satisfied beyond reasonable doubt that there is no sufficient ground for it.

The reasonable hypothesis SoPs often have lower thresholds too, such as shorter exposure periods or lighter loads. For conditions like PTSD, depression, anxiety, alcohol use disorder, lumbar and cervical spondylosis, knee and hip osteoarthritis, hearing loss, tinnitus, and skin cancers from tropical sun exposure, that can be the difference between a refusal and an acceptance.

The change does not create new SoP factors. You still need a diagnosis and evidence that raises a factor. For a mental health claim, that might be a category 1A stressor such as a quick reaction force call-out, an armed patrol with live ammunition, or an incursion alert while you were at Butterworth.

Higher permanent impairment payments

The VEA and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) closed to new compensation claims on 30 June 2026. New claims are now decided under the MRCA, whatever era you served in. Under the MRCA, non-warlike service uses GARP M Table 23.1, the warlike and non-warlike table, instead of Table 23.2 for peacetime service. For low and mid-range impairment, the difference is large.

Impairment points (lifestyle rating)Non-warlike weekly ratePeacetime weekly rate
20 points (lifestyle 2)$99.32$55.48
50 points (lifestyle 4)$238.01$132.87
80 points or more$447.39$447.39

These figures use the 1 July 2026 maximum weekly amount of $447.39 and are indexed every 1 July. You can take them as a weekly payment or convert them to a lump sum. DVA's published rates are the authoritative figures.

Claims that are still open

If you lodged a VEA claim before 1 July 2026 that has not been decided, or you have a decision under review with DVA, the Veterans' Review Board, or the Administrative Review Tribunal, the new classification is already in force. Write to the delegate or tribunal, point to the registered instrument, and ask that the claim be assessed under the reasonable hypothesis standard.

Claims that were refused

A claim refused on the balance of probabilities is not reopened automatically. If you are still inside a review period, raise the new classification on review. If not, the usual route is a fresh claim, now under the MRCA, relying on the non-warlike classification.

What does not change

  • It is not warlike service. DVA's own guidance says non-warlike service 'is not considered qualifying service and therefore does not provide access to service pension'.
  • No Gold Card at 70. The automatic Gold Card at 70 depends on qualifying service, which this decision does not give.
  • No partner Service Pension, for the same reason.
  • No change to medals.
  • No automatic back-pay. Compensation generally runs from the date of your claim, and nothing in the announcement or the instruments creates a separate arrears payment.

You can still reach a Gold Card in other ways, for example by being assessed at 60 or more impairment points under the MRCA. Mental health treatment does not depend on this change either. Anyone with one day of continuous full-time service can get fully funded mental health treatment through Non-Liability Health Care.

Families of veterans who have died

If an RCB or Air Base Butterworth veteran died of a condition that may be connected to that service, a death claim now gets the reasonable hypothesis standard. New claims go under the MRCA, which provides death benefits and, where the death is accepted as service-related, a Gold Card for eligible dependants. If a death claim was refused in the past, it is worth looking at again. Common examples are cancers, cardiovascular disease, and suicide linked to mental illness.

What to do now

  • Confirm your service. Get your posting or rotation dates to Butterworth from your service record. An Australian Service Medal with Clasp 'SE ASIA' supports it, and you can request records from Defence if you do not have them.
  • Get a current diagnosis for each condition you want to claim, from your GP or a specialist.
  • Write down what happened at Butterworth while you still can: call-outs, patrols, alerts, the work you did, noise, heavy loads, and sun exposure. Statements from people you served with help.
  • Lodge new MRCA claims for conditions you never claimed, and look again at claims refused on the balance of probabilities.
  • If a claim or review is open, tell DVA or the tribunal about the new classification now.
  • If you were RAAF or base staff at Butterworth, do not assume you are excluded. Check your posting against the instrument's wording.

As at 29 October 2026 we have not seen a DVA fact sheet or processing guidance specific to Butterworth. We will update this article when DVA publishes one.

The push for warlike recognition goes on

RCB veterans' groups have always sought warlike recognition, and many say this decision is not enough. In the week after the announcement, hundreds of RCB veterans marched on Parliament House. Further review requests are possible, but nothing in the current decision moves Butterworth service toward warlike or qualifying service. Plan your claims on the classification as it stands today.

Frequently asked questions

Is Butterworth service now warlike service?

No. Service at Butterworth from 15 November 1970 to 31 December 1989 is now non-warlike service. That is operational service under the VEA, which brings the reasonable hypothesis standard of proof, but it is not warlike service and it is not qualifying service.

Do I get a Gold Card now that Butterworth service is non-warlike?

Not automatically. The Gold Card at 70 depends on qualifying service, and non-warlike service is not qualifying service. You can still get a Gold Card through accepted conditions, for example by reaching 60 impairment points under the MRCA.

Does the Butterworth reclassification cover RAAF members?

On the wording of the registered instruments, yes, if you were posted to or assigned for service at Air Base Butterworth between 15 November 1970 and 31 December 1989. The instruments cover members of Rifle Company Butterworth and members posted or assigned to the air base, not just Army.

When did the change take effect?

The VEA instrument came into force on 10 October 2026 and the MRCA instrument on 13 October 2026, the day after each was registered. Both apply to the 1970 to 1989 service itself, so claims about conditions from that time are assessed under the new classification.

Will DVA back-pay me for a claim that was refused?

Not automatically. A refused claim is not reopened on its own. You either raise the new classification on review, if you are still within time, or lodge a new MRCA claim. Payments generally run from the date of that claim.

Do I need to make a new claim?

For any condition you have not claimed, or that was refused and is out of review time, yes. New claims go under the MRCA. If your claim is still open, you do not need a new one, but you should tell DVA or the tribunal about the new classification.

This article provides general information about the reclassification of Butterworth service, based on the registered legislative instruments, the Government's announcement, and DVA guidance as at 29 October 2026. It is not legal advice. Whether a claim succeeds depends on your service, your diagnosis, and the evidence.

Luke Martin

Luke Martin

Co-Founder · 12 years Royal Australian Navy

About Luke →

The information in this article is general in nature and does not constitute legal, medical, or financial advice. Clear Path Veterans Pty Ltd (ABN 78 690 447 879) is not a law firm and our team are not registered legal practitioners. Individual circumstances vary and outcomes depend on the specific facts of each case. For personalised advice, book a free consultation or speak with a qualified advocate.

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