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2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
VETERANS' AFFAIRS LEGISLATION AMENDMENT
(MISCELLANEOUS MEASURES) BILL 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Veterans Affairs,
Senator The Honourable Michael Ronaldson)
Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Table of Contents
Outline and Financial Impact ............................................................. ii
Statement of Compatibility with Human Rights .....................................
iii
1 Short Title .......................................................................................... iv
2 Commencement ................................................................................. iv
3 Schedule(s) ........................................................................................ iv
Schedule 1 - Amendments ............................................................... 1
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
VETERANS' AFFAIRS LEGISLATON AMENDMENT
(MISCELLANEOUS MEASURES) BILL 2013
OUTLINE AND FINANCIAL IMPACT
The Bill amends Veterans Affairs and other portfolio legislation to give effect to a number of
minor measures and amendments that will:
clarify arrangements for the payment of travel expenses for treatment under the Veterans
Entitlements Act and the Australian Participants in British Nuclear Tests (Treatment) Act;
provide for the more timely provision of special assistance by way of a legislative instrument
in place of the current arrangement requiring a regulation;
ensure that the debt recovery provisions will be applicable to all relevant provisions of the
Veterans Entitlements Act, the regulations and any legislative instrument made under the
Veterans Entitlements Act;
make technical amendments to provisions in the Military Rehabilitation and Compensation
Act that refer to legislative instruments;
amend the Military Rehabilitation and Compensation Act to replace obsolete references to
pharmaceutical allowance and telephone allowance with references to the MRCA
supplement;
rationalise the maintenance income provisions of the Veterans Entitlements Act by repealing
the redundant definitions and operative provisions and aligning the remaining definitions
with those used in the social security law; and
make minor technical amendments.
Financial Impact
The amendments have no financial impact.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
This Bill is compatible with 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
Schedule 1 of the Bill makes a number of minor and technical amendments to Veterans Affairs
legislation and the Social Security Act 1991.
Most of the amendments are technical amendments which do not engage any of the applicable
rights or freedoms.
However, the Bill does include some minor amendments which do engage the applicable rights
and freedoms. The relevant measure will clarify the arrangements for the payment of travel
expenses for persons receiving treatment under the Veterans Entitlements Act and the
Australian Participants in British Nuclear Tests (Treatment) Act;
Human rights implications
The Bill engages the following human rights:
Right to health
Article 12 of the International Covenant on Economic, Cultural and Social Rights recognises
"the right of everyone to the enjoyment of the highest attainable standard of physical and mental
health".
The amendments to clarify the arrangements for the payment of travel expenses for persons
receiving treatment under the Veterans Entitlements Act and the Australian Participants in
British Nuclear Tests (Treatment) Act ensure that eligible persons will be able to access the
health services provided under the Acts.
Conclusion
The Bill is compatible with human rights as the measures which engage human rights do so on
the basis that the rights are advanced.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Veterans' Affairs Legislation Amendment
(Miscellaneous Measures) Bill 2013
Short Title Clause 1 sets out how the Act is to be cited.
Commencement Clause 2 provides that the Act commences on Royal Assent.
Schedules Clause 3 provides that each Act that is specified in Schedule 1 to this Act
is amended or repealed as set out in the applicable items in Schedule 1 and
any other item in Schedule 1 to this Act has effect according to its terms.
This explanatory memorandum uses the following abbreviations:
,,Acts Interpretation Act means the Acts Interpretation Act 1901;
,,Australian Participants in British Nuclear Tests (Treatment) Act means the Australian
Participants in British Nuclear Tests (Treatment) Act 2006;
,,Defence Service Homes Act" means the Defence Service Homes Act 1918;
,,Family Assistance Act means the A New Tax System (Family Assistance) Act 1999;
,,Military Rehabilitation and Compensation Act means the Military Rehabilitation and
Compensation Act 2004;
,,Social Security Act means the Social Security Act 1991;
,,Social Security (Administration) Act means the Social Security (Administration) Act 1999; and
,,Veterans Entitlements Act means the Veterans' Entitlements Act 1986.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Schedule 1 - Amendments
Overview
The Bill amends Veterans Affairs and other portfolio legislation to give effect to a
number of minor measures and amendments that will:
clarify arrangements for the payment of travel expenses for treatment under the
Veterans Entitlements Act and the Australian Participants in British Nuclear
Tests (Treatment) Act;
provide for the more timely provision of special assistance by way of a legislative
instrument in place of the current arrangement requiring a regulation;
ensure that the debt recovery provisions will be applicable to all relevant
provisions of the Veterans Entitlements Act, the regulations and any legislative
instrument made under the Veterans Entitlements Act;
make technical amendments to provisions in the Military Rehabilitation and
Compensation Act that refer to legislative instruments;
amend the Military Rehabilitation and Compensation Act to replace obsolete
references to pharmaceutical allowance and telephone allowance with references
to the MRCA supplement;
rationalise the maintenance income provisions of the Veterans Entitlements Act
by repealing the redundant definitions and operative provisions and aligning the
remaining definitions with those used in the social security law; and
make minor technical amendments.
Explanation of the items
Australian Participants in British Nuclear Tests (Treatment) Act 2006
The Australian Participants in British Nuclear Tests (Treatment) Act provides for
eligible nuclear test participants to receive treatment, including testing, for cancer.
Item 1 is a technical amendment to subsection 19(2) to clarify the payment of the
travelling expenses incurred by the attendant by replacing the reference to "the
person" with a reference to "the attendant".
Item 2 amends section 19 which provides for the payment of travel expenses to
eligible persons for the expenses incurred by the person and his or her attendant where
the travel is necessary in order to obtain treatment.
New subsection 19(2A) clarifies the administrative arrangements for the approval or
authorisation of travel undertaken by an eligible person or his or her attendant. The
new subsection provides that Repatriation Commission approval or authorisation for
the travel may be given before or after the travel has been undertaken.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Item 3 is a technical amendment to section 20 which provides for the payment of
travel expenses in advance.
Paragraph 20(1)(a) is amended to replace the incorrect reference to the person being
entitled to the payment of travel expenses under section 20 with the correct reference
to the person being eligible for the payment under "section 19".
Defence Service Homes Act 1918
Item 4 amends paragraph (gb) of the definition of "Australian Soldier" in subsection
4(1) of the Defence Service Homes Act by including a reference to the operational
area referred to in Item 15 of Schedule 2 of the Veterans Entitlements Act.
The reference in Item 15 of Schedule 2 of the Veterans Entitlements Act is to service
in an area of the Red Sea north of parallel 20 degrees north latitude during the period
from and including 13 January 1993 to and including 19 January 1993 on board
HMAS Canberra as part of Operation DAMASK VI.
A veteran or Defence Force member defined as being an "Australian Soldier" will be
eligible for benefits under the Defence Service Homes Act.
Item 5 inserts an application provision to be applied to the amendments made by
Item 4 of this Schedule.
The amendments will apply for the purposes of determining the eligibility of the
person for benefits under the Defence Service Homes Act on or after the
commencement of the amendment made under Item 4.
Military Rehabilitation and Compensation Act 2004
Legislative instruments
The Legislative Instruments Act 2003 was introduced to set up a consistent system for
the registering, tabling, scrutinising and sunsetting of all Commonwealth legislative
instruments.
The Act substantially re-enacted those parts of Part XII and section 46A of the Acts
Interpretation Act that relate to regulations and disallowable instruments and extended
the operation of the Part to all legislative instruments.
The Legislative Instruments Act 2003 provides a comprehensive regime for
Parliamentary scrutiny (via tabling and disallowance mechanisms) of legislative
instruments. In regard to tabling, all registered legislative instruments are tabled
under a consistent regime.
These amendments to the Military Rehabilitation and Compensation Act are
consequential amendments as a result of the enactment of the Legislative Instruments
Act 2003.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
The amendments made by Items 6, 7, 9, 10, 11, 12, 14, 16, 17, 19, 20, 21, 22 and 24
include amendments which either specify in the references to written determinations
and other documents that such documents are legislative instruments or are
amendments which omit references to documents as being disallowable instruments
under section 46A of the Acts Interpretation Act.
MRCA Supplement
The MRCA Supplement became payable from the 20 September 2009. It replaced
the telephone and pharmaceutical allowances that were payable under the Military
Rehabilitation and Compensation Act prior to that date.
There are references in sections 65, 211 and 232 that refer to an allowance being
payable under the Military Rehabilitation and Compensation Act for a "home phone".
There is also a reference in section 288 to the payment of an allowance for
"pharmaceutical benefits".
Items 8, 13, 15 and 18 amend sections 65, 211, 232 and 288 respectively to replace
the provisions that include references to telephone and pharmaceutical allowances
with provisions that include references to payments of the "MRCA Supplement".
Special Assistance
Section 424 provides the Military Rehabilitation and Compensation Commission with
the flexibility to extend special assistance or benefits to persons that would not
otherwise be available under the Military Rehabilitation and Compensation Act.
Under the existing legislation, special assistance is to be provided by regulation.
Item 23 amends subsection 424(1) to enable the circumstances and conditions for the
provision of special assistance to be prescribed in a legislative instrument made by the
Military Rehabilitation and Compensation Commission for the purposes of subsection
424(1).
The use of a legislative instrument made by the Military Rehabilitation and
Compensation Commission instead of regulations for the provision of special
assistance will enable special assistance to be provided in a more timely manner.
Social Security Act 1991
References to "Part IIIA" of the Veterans Entitlements Act
Items 25 to 34 are minor amendments to various provisions of the Social Security
Act to include a reference to "Part IIIA" of the Veterans Entitlements Act.
The payment of the Income Support Supplement under Part IIIA of the Veterans
Entitlements Act was implemented by amendments included in the Veterans' Affairs
(1994-95 Budget Measures) Legislation Amendment Act 1994 with the payment
commencing from 20 March 1995.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Consequential amendments to the Social Security Act were made by subsequent Acts
to insert appropriate references to the receipt of an "income support supplement".
However, further consequential amendments to insert the appropriate references to
that payment being payable under "Part IIIA" are required.
Veterans' Entitlements Act 1986
Maintenance income
Section 5K contains the definitions relevant to the treatment under the Veterans
Entitlements Act of "maintenance income" in all of the various forms in which it is
received. The definitions were mostly relevant to the now repealed income test that
applied where additional income support was payable to persons with dependant
children. The only terms that continue to be relevant for the purposes of the
Veterans Entitlements Act are "disability expenses maintenance", "maintenance" and
"maintenance income".
The Social Security Act has the equivalent of section 5K in section 10 of the Act.
Section 10 was repealed and substituted with the section now referring to the Family
Assistance Act as the source of the definitions of the terms "disability expenses
maintenance", "maintenance" and "maintenance income".
Item 50 repeals and substitutes section 5K with the new section also referring to the
Family Assistance Act as the source of the definitions of the same terms.
Items 35 to 39 and 41 to 44 are consequential amendments to the section 5 (index of
definitions) that repeal or amend references to the definitions related to
"maintenance" that were located in the repealed section 5K or are now located in new
section 5K.
Item 47 is a consequential amendment to note 1 to the definition of "ordinary
income" in subsection 5H(1) to replace a reference to the location of the definition of
"maintenance income" as being in section 5K and not in repealed subsection 5K(1).
Item 52 repeals Division 10 of Part IIIB containing sections 51 and 51A which had
provided for the apportionment of "capitalised maintenance income" and the
treatment of "in-kind housing maintenance".
Both those terms are no longer relevant as they applied only for the purposes of
providing additional income support for dependant children.
Items 48 and 49 are consequential amendments to provide for the relocation of the
definition of the term "periodic amount" from repealed subsection 5K(1A) to new
subsection 5H(13).
Attendant Allowance
Section 98 provides for the payment of an attendant allowance to an eligible veteran
to assist with the cost of an attendant to help with such things as feeding, washing,
dressing and other activities of daily living.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Item 54 amends subsection 98(4B). Subsection 98(4B) precludes the payment of an
attendant allowance where the carer of the veteran is in receipt of a carer payment
under Part 2.5 of the Social Security Act.
Subsection 98(4B) also provides that the attendant allowance will not be payable if
the carer had been receiving a carer payment before the payment was cancelled or
suspended under the social security law or had been reduced to nil under the
overpayment and debt recovery provisions.
Paragraph 98(4B)(b) is repealed and substituted. The repealed paragraph had referred
to the redundant suspension, cancellation and debt and overpayment recovery
provisions in the Social Security Act.
New paragraph 98(4B)(b) provides that attendant allowance will not be payable
where carer payment under Part 2.5 of the Social Security Act would be payable to
the carer of the veteran apart from that payment being suspended under the social
security law or reduced to nil because of action taken under the overpayment and debt
recovery provisions of Chapter 5 of the Social Security Act.
Special Assistance
Section 106 provides the Repatriation Commission with the flexibility to extend
special assistance or benefits to persons that would not otherwise be available under
the Veterans Entitlements Act.
Under the existing legislation, special assistance is to be provided by regulation.
Item 55 amends subsection 106(1) by the substitution of the reference to the
provision of special assistance being "prescribed" with a reference to the assistance
being "prescribed in a legislative instrument made by the Commission for the
purposes of this subsection".
The use of a legislative instrument made by the Repatriation Commission instead of
regulations for the provision of special assistance will enable special assistance to be
provided in a more timely manner.
Travelling expenses
Section 110 of the Veterans Entitlements Act provides for the payment of travel
expenses to eligible persons for the expenses incurred by the person and his or her
attendant where the travel is necessary in order to obtain treatment.
Item 57 inserts new subsection 110(2A) which clarifies the administrative
arrangements for the approval or authorisation of travel undertaken by an eligible
person or his or her attendant.
The new subsection 110(2A) provides that Repatriation Commission may give
approval under subsection 110(1) or authorisation under paragraph 110(2)(b) before
or after the travel has been undertaken.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Items 56 and 58 are technical amendments to replace the obsolete spelling of
"authorizes" with "authorises" in paragraph 110(2)(b) and subsection 110(4).
Debt recovery
Section 205 of the Veterans Entitlements Act is a general application provision for
the recovery of overpayments and debts from any payment made under the Act.
The overpayments can arise as a consequence of a false statement or an omission or
on the basis that a payment was not lawfully payable or not authorised.
In addition to overpayments and debts incurred under the Veterans Entitlements Act,
the section lists overpayments made under other Acts or schemes that may be
recovered by deductions from payments made under the Act.
Paragraph 205(1)(a) refers to the consequences "of a false statement or representation,
or of a failure or omission to comply with a provision of this Act or of the
Regulations".
Item 59 amends paragraph 205(1)(a) by replacing the reference to "a provision of this
Act or of the Regulations" with a reference to "this Act, the regulations or any other
legislative instrument under this Act".
The amendment will ensure that section 205 will be applicable in all possible
circumstances to all of the provisions of the Veterans Entitlements Act, the
regulations and any legislative instrument made under the Veterans Entitlements Act.
Minor and technical amendments
Item 40 corrects the section 5 (index of definitions) listing for the locations of the
definition of "investment" to refer to subsections "5J(1), (6), (6A) and (6B)".
Item 51 inserts a definition of the term "social security law" into subsection 5Q(1).
The term is formally defined for the purposes of the Veterans Entitlements Act as
meaning the Social Security Act, the Social Security (Administration) Act and any
other Act that is expressed to form part of the social security law.
Item 53 is a technical amendment to clarify the operation of subsection 86(5).
Subsection 86(5) sets out the circumstances in which a dependant of a deceased
veteran or Defence Force member who requires urgent treatment for an injury
suffered, or disease contracted will be eligible under the Veterans Entitlements Act
for treatment in a hospital.
Item 60 amends the Rent Assistance Module of the Rate Calculator in Schedule 6. A
technical amendment to step 6 of the method statement in point SCH6-C13 replaces
the reference to ,,0.4 with a reference to ,,0.5.
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Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2013
Application and saving provisions
Item 61 contains the application and saving provisions applicable to the amendments
made by Items 54, 55 and 59.
Subitem 61(1) provides that the amendment made to paragraph 98(4B)(b) by Item
54 will be applicable to working out if an attendant allowance is payable to a veteran
in respect of days that occur on or after the commencement of the amendment.
Subitem 61(2) is a savings provision that ensures that those existing regulations that
are in force for the purposes of subsection 106(1) immediately before the
commencement of Item 55 will continue to have effect as if they were a legislative
instrument made by the Repatriation Commission under subsection 106(1).
Subitem 61(3) provides that the amendment to paragraph 205(1)(a) by Item 59 will
be applicable in relation to failures or omissions that occur on or after the
commencement of the amendment.
War Precautions Act Repeal Act 1920
The War Precautions Act Repeal Act 1920 provides for the Protection of Word
,,Anzac Regulations, but contains no other operative provisions. These amendments
will repeal the remaining inoperative provisions and change the name of the Act to the
,,Protection of Word ,,Anzac Act 1920. This will mean that the authority for the
Regulations is more readily identifiable.
Item 62 changes the long title of the Act to ,,provide for the protection of the word
,,Anzac, and for related purposes.
Item 63 changes the short title of the Act to the ,,Protection of Word ,,Anzac Act
1920 and inserts an explanatory note at the end of the item.
Items 64, 65, 66 and 67 repeal section 2 and sections 11 to 13 and omit some
headings that remained in the Act. These provisions and headings are no longer
required.
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