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2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN VETERANS' RECOGNITION (PUTTING VETERANS AND
THEIR FAMILIES FIRST) BILL 2019
REVISED EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Veterans and Defence Personnel,
The Honourable Darren Chester MP)
THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY
THE SENATE TO THE BILL AS INTRODUCED
Table of Contents
Outline and financial impact i
Statement of Compatibility ii
Australian Veterans' Recognition (Putting Veterans and their Families First) Bill 2019
Short title 1
Commencement 1
Part 1 Preliminary 3
Part 2 Recognition of veterans and their families 4
Part 3 Issue of pins, cards or other artefacts 6
Part 4 Other matters 7
Schedule 1 Australian Defence Veterans' Covenant 7
AUSTRALIAN VETERANS' RECOGNITION (PUTTING VETERANS AND
THEIR FAMILIES FIRST) BILL 2019
OUTLINE AND FINANCIAL IMPACT
The Explanatory Memorandum to the Australian Veterans' Recognition (Putting Veterans
and their Families First) Bill 2019 (the Bill) provides a description of the Bill being made.
The proposed Bill to be made would create a new Act, namely the Australian Veterans'
Recognition (Putting Veterans and their Families First) Act 2019 to provide a framework for
Government, business and the people of Australia to recognise and acknowledge the unique
nature of military service and support veterans and their families.
The new Act will include an overarching statement in relation to the beneficial nature of
Veterans' Affairs portfolio legislation, and will include, in a Schedule to the Act, the
Australian Defence Veterans' Covenant. The new Act will also make provision for the issue
of lapel pins, cards and other artefacts in recognition of the military service of veterans and
the sacrifices made by the families of veterans.
Date of Effect: this Bill commences the day after Royal Assent.
Financial Impact
$11.1M over the forward estimates.
i
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
AUSTRALIAN VETERANS' RECOGNITION (PUTTING VETERANS AND
THEIR FAMILIES FIRST) BILL 2019
The Australian Veterans' Recognition (Putting Veterans and their Families First) Bill 2019 is
compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The proposed Bill to be made would create a new Act, namely the Australian Veterans'
Recognition (Putting Veterans and their Families First) Act 2019 to provide a framework for
Government, business and the people of Australia to recognise and acknowledge the unique
nature of military service and to support veterans and their families.
In addition, the new Act will provide for an overarching statement in relation to the beneficial
nature of Veterans' Affairs portfolio legislation.
These amendments commence the day after the Act receives the Royal Assent.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Bill does not raise any human rights issues for Australian Defence Force veterans and
their families as the Bill provides a range of acknowledgements and statements made by the
Commonwealth.
The Bill is intended to provide recognition of the demands placed upon and sacrifices made
by veterans and their families as a result of service in the Australian Defence Force.
ii
AUSTRALIAN VETERANS' RECOGNITION (PUTTING VETERANS AND
THEIR FAMILIES FIRST) BILL 2019
Short Title Clause 1 provides that the Act is the Australian Veterans' Recognition
(Putting Veterans and their Families First) Act 2019.
Commencement Subclause (1) refers to each provision of this Act as specified in
column 1 of the table as commencing, or to be taken to have
commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
Subclause (2) provides that any information in column 3 of the table is
not part of the Act. Information may be inserted in this column, or
information in it may be edited, in any published version of the Act.
For convenience the commencement information is replicated below.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of The day after this Act receives the Royal
this Act Assent.
1
Australian Veterans' Recognition (Putting Veterans and their Families First) Bill 2019
Background
The Bill will create a new Act, namely the Australian Veterans' Recognition (Putting
Veterans and their Families First) Act 2019.
The Prime Minister, the Hon. Scott Morrison MP, and the Hon. Darren Chester MP made a
joint media statement on 27 October 2018 stating that the Government will develop an
Australian Defence Veterans' Covenant (Covenant), to be enacted in legislation, to recognise
the unique nature of military service and to support veterans and their families.
As part of the joint media statement - "recognising and respecting our veterans" it was
announced that a lapel pin and veteran card will be part of the Veterans' Recognition
package. The lapel pin will allow veterans to be easily identifiable by the Australian
community where they choose to wear it.
The Covenant will provide an opportunity for Australians and the business community to
recognise veterans and their families and the service and sacrifice they have made as
members of the Australian Defence Force.
The beneficial legislation statement at clause 7 makes it clear the Veterans' Affairs portfolio
legislation has a beneficial purpose and should be interpreted accordingly.
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Notes on Clauses
Part 1 - Preliminary
Clause 1 - Short title
This clause would specify the short title of the Act as the Australian Veterans' Recognition
(Putting Veterans and their Families First) Act 2019.
Clause 2 - Commencement
This clause would provide that the Bill will commence the day after the Act receives the
Royal Assent.
Clause 3 - Object of this Act
This clause would provide that the Object of this Act is to acknowledge the unique nature of
military service and the sacrifice demanded of those persons who commit to defend our
nation.
The reference to the objects of the Act is to provide a broad statement on the matters covered
by the Act and the purpose of the Act.
Clause 4 - Definitions
This clause would contain all of the definitions required for the new Act. The definitions are
an aid to the understanding of the Act and provide clarity on the use of certain words.
The following terms are defined for the purposes of the Act: Permanent Forces, Reserves and
veteran.
Permanent Forces and Reserves would have the same meaning as in the Defence Act 1903
(Defence Act). Under the Defence Act, the "Permanent Forces" are defined as "the
Permanent Navy, the Regular Army and the Permanent Airforce" and the "Reserves" are
defined as "the Naval Reserve, the Army Reserve and the Air Force Reserve".
The use of the terms from the Defence Act is to ensure that those who are serving or have
served in the Australian Defence Force are included within this Act, whether they are or were
engaged as a member of the Permanent Forces or in the Reserves.
A veteran is defined as a person who has served, or is serving, as a member of the Permanent
Forces or a person who has served, or is serving, as a member of the Reserves.
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Part 2 - Recognition of veterans and their families
Clause 5 - General recognition
This clause would insert a general recognition clause to allow the Commonwealth to provide
general recognition for veterans given their military service and their families who support
them.
Subclause 5(1) will provide that the Commonwealth acknowledges the unique nature of
military service and the sacrifice demanded of those who commit to defend our nation.
This subclause will provide acknowledgement of the nature of and sacrifice expected of
members of the Australian Defence Force in their commitment to defend Australia and our
allies.
Subclause 5(2) will provide Commonwealth acknowledgement of the demands placed on,
and the sacrifices made by, the families of veterans.
The intention of this subclause is to provide recognition of the demands placed on, and the
sacrifices made by, the family. It further acknowledges that these demands and sacrifices are
unique due to the nature of military service.
Subclause 5(3) will provide Commonwealth acknowledgement that veterans may require, at
the end of their military service, support mechanisms to be in place in order to enjoy good
health, access employment and training opportunities, access to appropriate housing, access
to justice, enjoy social wellbeing and to participate in community engagement.
The intent of this subclause is to acknowledge that veterans may have unique challenges that
require support mechanisms to be in place for them to enjoy life to the fullest extent possible.
Subclause 5(4) will provide Commonwealth acknowledgement that the Commonwealth is
committed to supporting veterans and providing the care and support they may require.
The intent of this subclause is to provide a commitment that adequate care and support is
available to veterans as and when they require it.
Subclause 5(5) will provide Commonwealth acknowledgement that support for veterans
should be provided in a way that respects their dignity as individuals, enhances their self-
esteem, is sensitive to any physical or mental injury or disease they may have suffered as
respects their military service.
The purpose of this subclause is to acknowledge the toll that military service may take on
individual veterans and that where support is required it will be provided in a way that builds
self-esteem and is sensitive to their particular vulnerability while respecting them as
individuals.
Subclause 5(6) will provide Commonwealth acknowledgement that veterans should be
supported to achieve greater economic wellbeing and sustainability and greater participation
in civic affairs and should have opportunities to participate in employment and education.
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The purpose of this subclause is to acknowledge that veterans may require additional support
to engage in civic affairs, achieve economic, employment and educational activities.
Clause 6 - Australian Defence Veterans' Covenant
This clause provides that the Parliament, on behalf of the Australian people, endorses the
Australian Defence Veterans' Covenant set out in Schedule 1 to this Bill.
This clause will ensure that the Australian Defence Veterans' Covenant is an intrinsic part of
the Bill to give it the importance and status required to honour those who have provided
service as part of the Australian Defence Force.
The purpose of the Australian Defence Veterans' Covenant is to enable the Australian
community to acknowledge, honour and support veterans and their families.
Clause 7 - Beneficial interpretation of legislation
This clause would provide a clear statement that Veterans' Affairs portfolio legislation will
be interpreted with a beneficial intention as it benefits a select group of people within the
Australian community.
Subclause 7(1) will provide that the Commonwealth is committed to decision-makers
interpreting legislation in a way that benefits veterans and their families where that
interpretation is consistent with the purpose of the provision.
For this subclause the legislation specified is the Veterans' Entitlements Act 1986, the
Military Rehabilitation and Compensation Act 2004 (the MRC Act) and the Safety,
Rehabilitation and Compensation (Defence-related Claims) Act 1988 and instruments made
under these Acts. The Acts specified are the principal Acts that provide for entitlements to
compensation, treatment, rehabilitation and payments to injured veterans.
The intent of this subclause is to state that where a provision in any of the above Acts and
instruments under these Acts can be interpreted beneficially it should be so interpreted.
However, not all provisions in these Acts and instruments are intended to be beneficial in
nature, for example the recovery of debts to the Commonwealth and provisions protecting the
Commonwealth from fraud.
Paragraph 7(1)(b) will provide that the Military Rehabilitation and Compensation Act 2004 is
abbreviated to "the MRC Act". This abbreviation is used in paragraph 7(2)(b) and subclause
7(3).
Paragraph 7(2)(a) will provide that the Commonwealth is committed to decision-makers
deciding claims under the legislation, above, in a manner that is fair, just and consistent.
Departmental training to ensure decision-makers understand and appropriately apply the
beneficial interpretation will be developed to support the intent of this clause.
Paragraph 7(2)(b) will provide that the Commonwealth is committed to deciding claims,
other than those under the MRC Act within a time that is proportionate to the complexity of
the matter. Subclause 7(3) deals with the Commonwealth's commitment regarding time to
process MRC Act claims.
5
Paragraph 7(2)(c) will provide that the Commonwealth is committed to decision-makers
making decisions in a manner that promotes public trust and confidence.
This paragraph acknowledges that decision makers hold positions of responsibility that need
them to be ethical, honest, objective and to act with integrity. Where a decision-maker
enshrines these values, it reflects positively in the public's perception of the Department and
instils trust and confidence.
Paragraph 7(2)(d) will provide that the Commonwealth is committed to decision-makers
making decisions under the legislation on the basis of only requiring evidence that is
sufficient to meet the relevant standard of proof for the claims.
This paragraph acknowledges that decision-makers operate within a complex legislative
environment and often have a large degree of discretion to exercise. When determining
claims only the applicable legal standard of proof and not some higher standard needs to be
met. Gathering evidence beyond that required to make a decision only delays the decision
and imposes unnecessary requirements on a veteran.
Subclause 7(3) will provide that the Commonwealth is committed to the Military
Rehabilitation and Compensation Commission deciding a claim under the MRC Act within
90 days beginning on the day the Commission receives the claim (refer paragraph 7(3)(a)) or
the day the Commission receives information, or a document, that the Commission requested
in relation to the claim under section 330 of that Act (refer paragraph 7(3)(b)); whichever
occurs later.
While the Commonwealth already endeavours to determine claims in as timely a manner as
possible, subclause 7(3) reinforces the Commonwealth's intent to determine claims within a
particular timeframe. This timeframe will provide a target for the Commission to reach a
decision on a veteran's claim under the MRC Act, without imposing repercussions in the
event that this timeframe is unable to be met. The Department's progression towards meeting
this timeframe, bearing in mind that there will be external factors that are out of the
Department's control, can be monitored. Any reduction in time for processing will benefit the
veteran and their family.
Paragraph 7(3)(b) acknowledges the variety of documents, including medical or financial
statements to be provided by the claimant that the Commission may have to consider when
determining the outcome of a veteran's claim. It does not make allowances for other evidence
that may be required other than from the claimant which may impact on processing
timeframes.
Clause 8 - Cooperation
This clause would provide a statement that the Commonwealth is committed to working
cooperatively with veterans, their families and ex-service organisations to address issues
facing veterans.
The intent of this clause is to assure veterans, their families and ex-service organisations that
their issues and concerns will continue to be heard and addressed. The Department currently
hosts a wide range of forums where issues and concerns can be raised by veterans and their
6
families along with ex-service organisations. These forums will continue to play an
important role in informing and shaping the Department's future focus.
Part 3 - Issue of pins, cards or other artefacts
Clause 9 - Issue of pins, cards or other artefacts
New clause 9 would provide that the Commonwealth may issue pins, cards and other
artefacts to veterans in recognition of their military service and to family members of
veterans in recognition of the military service of veterans or the demands placed on, and the
sacrifices made by, families of veterans.
The intent of this clause is to provide such items or artefacts in recognition of veterans and
their families as part of the broader Veteran Recognition package. The clause will enable the
Department to continue to provide other forms of recognition into the future.
Part 4 - Other matters
Clause 10 - Part 2 does not create or give rise to rights or obligations
This clause would provide a clarifying provision that Part 2 of the Bill does not create or give
rise to any rights or obligations.
Subclause 10(1) would clarify that Part 2 of the Bill does not, by its terms or operation, create
or give rise to any substantial or procedural rights or obligations that are legally enforceable
in judicial or other proceedings.
Subclause 10(2) would clarify that a failure to comply with Part 2 does not affect the validity
of any decision, and is not a ground for the review or challenge of any decision.
Subclause 10(3) would clarify that no action, suit or proceeding is to be instituted in reliance
on the terms or the operation of Part 2.
The intent of this clause is to make it clear that the current review mechanisms under the
existing Acts are not disturbed by Part 2 and Part 2 does not broaden or create any new rights
or obligations. Further, there can be no legal action or lawsuit on the basis of a breach of Part
2 in either the terms or operation of the Part.
Clause 11 - Act not intended to exclude similar State or territory laws
This clause would provide a clarifying provision that the Act is not intended to exclude State
and Territory laws where they provide for recognition of veterans and their families.
This clause is to acknowledge that States and Territories may have enacted legislation to
provide recognition to veterans and their families and this Act will not disturb those laws.
This Act is also not intended to discourage States and Territories to enact laws in the future to
recognise the sacrifices made and demands on those who have served or are serving within
the Australian Defence Force.
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Schedule 1 - Australian Defence Veterans' Covenant
Schedule 1 is the Australian Defence Veterans' Covenant that the Parliament of Australia
endorses on behalf of the people of Australia.
The purpose of the Covenant is to acknowledge the unique nature of military service and the
sacrifice demanded of those who commit to defend our nation and their families.
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