Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER
LEGISLATION AMENDMENT
(FURTHER 2008 BUDGET AND OTHER MEASURES) BILL 2008
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and Requests for Amendments
to be Moved on Behalf of the Government
(Circulated by the authority of the
Minister for Families, Housing, Community Services and Indigenous Affairs,
the Hon Jenny Macklin MP)
FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER
LEGISLATION AMENDMENT
(FURTHER 2008 BUDGET AND OTHER MEASURES) BILL 2008
OUTLINE
These government amendments apply to Schedule 2 of the Bill. The amendments
will amend the Veterans' Entitlements Act 1986, with regard to the 2008
Budget measure relating to eligibility for partner service pension for
partners who are separated, but not divorced, from their veteran spouse and
who have not reached pension age. The amendments will omit the proposed
provision that would have ceased eligibility for partner service pension
for separated partners, from the date that the person's veteran partner
entered into a new marriage-like relationship with another person. The
amendments will also exempt partners who meet certain circumstances from
the provision that would have ceased eligibility for partner service
pension 12 months from the date of separation. Finally, the amendments
will change the commencement date from 1 January 2009 to 1 July 2009.
Financial impact statement
|Total resourcing |2008-09 |2009-10 |2010-11 |2011-12 |
|Partner service | | | | |
|pension: |$2.9 m |$0.8 m |$1.1 m |$1.5 m |
|- separated but not | | | | |
|divorced* | | | | |
| | | | | |
| | | | | |
|* Estimate only - | | | | |
|final costing yet to | | | | |
|be agreed with | | | | |
|Department of Finance| | | | |
|and Deregulation | | | | |
Government Amendments
Amendment (1) amends table item 6 of Clause 2 of the Bill, the commencement
clause. The amendment omits "1 January 2009" wherever it occurs and
substitutes "1 July 2009". This amendment changes the commencement date
for Part 2 of Schedule 2 of the Bill to 1 July 2009 instead of 1 January
2009.
Amendment (2) amends table item 7 of Clause 2 of the Bill, the commencement
clause. The amendment omits table item 7 from the Bill. Table item 7
relates to Part 3 of Schedule 2 of the Bill.
Amendment (3) amends the heading to Part 2 of Schedule 2 of the Bill by
omitting "1 January 2009" and substituting "1 July 2009".
Amendment (4) amends item 5 of Part 2 of Schedule 2 of the Bill by omitting
new subsection 38(2AA). This amendment means that, under the Veterans'
Entitlements Act 1986, a person who is separated but not divorced from
their veteran spouse will not lose eligibility for partner service pension
if the veteran enters into a new marriage-like relationship with another
person.
Amendment (5) amends item 5 of Part 2 of Schedule 2 of the Bill. The
amendment omits new subsection 38(2AC) and substitutes a new subsection
38(2AC) and 38(2AD).
New paragraph 38(2AC)(a) provides that a person's eligibility for partner
service pension under paragraph 38(1)(b) or (g) of the Veterans'
Entitlements Act 1986 does not cease under new subsection 38(2AB) if the
person has reached pension age.
New paragraph 38(2AC)(b) provides that a person's eligibility for partner
service pension under paragraph 38(1)(b) or (g) of the Veterans'
Entitlements Act 1986 does not cease under new subsection 38(2AB) if all of
the circumstances specified under new subsection 38(2AD) exist in relation
to the person.
New subsection 38(2AB) provides that a person's eligibility for partner
service pension ceases 12 months after the person separates from their
veteran partner.
New subsection 38(2AD) provides that the Commission may specify
circumstances for the purposes of paragraph 38(2AC)(b). The circumstances
will be specified by the Commission in a legislative instrument. It is
intended that the circumstances specified will be that, at the date of
separation:
. the person's veteran partner has a psychological or mental health
condition that is:
o an accepted war-caused injury or disease; or
o an accepted defence-caused injury or disease; or
o an accepted service injury or disease; or
o a psychological or mental health condition that has been
accepted for the purposes of non-liability health care under
subsection 85(2) or paragraph 88A(1)(a) of the Veterans'
Entitlements Act 1986; and
. the person is living separately and apart from the veteran and does
not reside in the same residence as the veteran; and
. there is supporting information of an unsafe domestic environment in
respect of the person and/or their children.
Amendment (6) amends item 6 of Part 2 of Schedule 2 by omitting the
reference to new subsection 38 (2AA). New subsection 38(2AA) of the
Veterans' Entitlements Act 1986 is omitted by amendment (4).
Amendment (7) amends item 7 of Part 2 of Schedule 2 by omitting the words
"if the person has reached pension age" and substituting the words "in
certain circumstances".
The effect of Amendment (8) is that Part 3 of Schedule 2 will be omitted.
Part 3 of Schedule 2 made amendments to new subsection 38(2AA) of the
Veterans' Entitlements Act 1986 consequent upon the expected enactment of
the Same-Sex Relationships (Equal Treatment in Commonwealth Laws-General
Law Reform) Act 2008. New subsection 38(2AA) is omitted by amendment (4).
Index]
[Search]
[Download]
[Bill]
[Help]