Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 29

             (1)  The Commission may, from time to time, prepare a written document, to be known as the "Guide to the Assessment of Rates of Veterans' Pensions" setting out:

                     (a)  criteria by reference to which the extent of the incapacity of a veteran resulting from war-caused injury or war-caused disease, or both, shall be assessed; and

                     (b)  methods by which the extent of that incapacity, as assessed in accordance with those criteria, shall be expressed as a percentage of incapacity from that injury or disease, or both, being a percentage not exceeding 100 per centum.

             (2)  The Commission may, from time to time, by instrument in writing, vary or revoke the approved Guide to the Assessment of Rates of Veterans' Pensions prepared by it.

             (3)  A document prepared by the Commission in accordance with subsection (1), and an instrument under subsection (2), have no force or effect unless and until approved by the Minister.

             (4)  Where the Commission, the Board or the Administrative Appeals Tribunal is required to assess or re-assess, or review the assessment or re-assessment of, the extent of the incapacity of a veteran resulting from war-caused injury or war-caused disease, or both, the provisions of the approved Guide to the Assessment of Rates of Veterans' Pensions are binding on the Commission, the Board or the Administrative Appeals Tribunal, as the case may be, in, and in connection with, the carrying out by it of that assessment, re-assessment or review, and the assessment, re-assessment or review of the extent of that incapacity made by it shall be in accordance with the relevant provisions of the approved Guide to the Assessment of Rates of Veterans' Pensions.

             (5)  The percentage of incapacity of a veteran from war-caused injury or war-caused disease, or both, ascertained in accordance with the methods referred to in paragraph (1)(b) may be nought per centum.

             (6)  In preparing criteria by reference to which the extent of incapacity of a veteran from war-caused injury or war-caused disease, or both, shall be assessed, or in varying those criteria, the Commission shall have regard to medical opinion concerning the nature and effect (including possible effect) of the injury or disease and the extent (if any) to which incapacity resulting from the injury or disease may reasonably be capable of being reduced or removed.

             (8)  The Commission shall make copies of the Guide to the Assessment of Rates of Veterans' Pensions that has been approved by the Minister, and of any variation of that Guide that has been so approved, available upon application and payment of the prescribed fee (if any).

Legislative instruments

             (9)  Subsections (10) and (11) apply in relation to:

                     (a)  a document prepared by the Commission in accordance with subsection (1); or

                     (b)  an instrument under subsection (2);

that is approved by the Minister under subsection (3).

           (10)  The document or instrument is a legislative instrument made by the Minister on the day on which he or she approves it.

           (11)  Despite subsection 12(2) of the Legislative Instruments Act 2003 , the document or instrument may be expressed to take effect before the date it is registered under that Act.