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2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
VETERANS' AFFAIRS LEGISLATION AMENDMENT (SUPPORTING THE
WELLBEING OF VETERANS AND THEIR FAMILIES) BILL 2020
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Veterans' Affairs and Minister for Defence
Personnel, The Honourable Darren Chester MP)
Table of Contents
Outline and Financial Impact ii
Statement of Compatibility iv
Veterans' Affairs Legislation Amendment (Supporting the Wellbeing of
Veterans and Their Families) Bill 2020
Short title 1
Commencement 1
Schedules 1
Schedule 1 Members of Commissions representing families of veterans 3
Schedule 2 Transition into civilian work 7
Schedule 3 Energy supplement 9
VETERANS' AFFAIRS LEGISLATION AMENDMENT (SUPPORTING
THE WELLBEING OF VETERANS AND THEIR FAMILIES) BILL 2020
OUTLINE AND FINANCIAL IMPACT
The Explanatory Memorandum to the Veterans' Affairs Legislation Amendment (Supporting
the Wellbeing of Veterans and their Families) Bill 2020 provides a description of
amendments being made by the Bill.
Schedule 1 -Members of Commissions representing families of veterans
The amendments proposed to be made by Schedule 1 will amend the Veterans' Entitlements
Act 1986 and the Military, Rehabilitation and Compensation Act 2004 to create a new
commissioner position on the Repatriation Commission and Military Rehabilitation and
Compensation Commission (MRCC) to represent the perspectives of families of veterans.
This position is an important aspect of the Prime Minister's announcement on 5 February
2020 regarding the establishment of a National Commissioner for Defence and Veteran
Suicide Prevention.
The new commissioner will operate in a similar manner to the commissioner representing
veterans' organisations, known as the Repatriation Commissioner. The new commissioner
will be known as the Veteran Family Advocate and will give a voice to veterans' families
and the important role they play in veteran and family health and wellbeing. The new
commissioner will undertake engagement, liaison and advocacy across the veterans' sector,
drawing on the advice of veterans' families to apply this perspective and directly inform the
work of the Repatriation Commission and Military Rehabilitation and Compensation
Commission in setting veteran policy and the administration of veteran entitlement and
compensation arrangements.
The new commissioner will be appointed by the Governor-General on advice from the
Minister for Veterans' Affairs and will hold office on the Repatriation Commission on a
full-time basis. Consistent with tenure for other members of the Military Rehabilitation and
Compensation Commission, the new commissioner will hold office on a part-time basis for
that Commission.
Schedule 2 - Transition into civilian work
The amendments proposed to be made in Schedule 2 will amend the Military Rehabilitation
and Compensation Act 2004 to enable the provision of assistance or benefits, through the
Military Rehabilitation and Compensation Amendment Regulations 2020 to former
Australian Defence Force members to assist them to transition into civilian work.
It is intended that these Regulations will be amended to provide assistance and benefits
through the Support For Employment program, which will provide eligible former members
with pre and post-employment assistance (or a combination of both), including the
development of skills such as resume writing, interview skills and navigating issues in the
civilian workplace.
ii
Schedule 3 - Energy supplement
The amendments proposed to be made by Schedule 3 will amend the Veterans' Entitlements
Act 1986 to extend eligibility for the quarterly energy supplement to eligible Repatriation
Health Card - For All Conditions (Gold Card) holders under the Australian Participants in
British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006
and Treatment Benefits (Special Access) Act 2019.
Currently, all Gold Card holders living in Australia are eligible to receive the quarterly
energy supplement except Gold Card holders in these cohorts.
Financial Impact
$6.4 million over the forward estimates. The transition to civilian employment measure will
cost $4.3 million over the forward estimates; the new Commissioner positions will cost $2
million over the forward estimates; and extension of quarterly energy supplement to Gold
Card holders under the Australian Participants in British Nuclear Tests and British
Commonwealth Occupation Force (Treatment) Act 2006 and Treatment Benefits (Special
Access) Act 2019 will cost $0.1 million over the forward estimates.
iii
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
VETERANS' AFFAIRS LEGISLATION AMENDMENT (SUPPORTING THE
WELLBEING OF VETERANS AND THEIR FAMILIES) BILL 2020
The Veterans' Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and
Their Families) Bill 2020 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.
Schedule 1 -Members of Commissions representing families of Veterans
Overview of the Schedule
The amendments proposed to be made by Schedule 1 would amend the Veterans'
Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004
(MRCA) to create a commissioner to represent the perspectives of families of veterans on the
Repatriation Commission (the Commission) and Military Rehabilitation and Compensation
Commission (MRCC).
The new commissioner will be known as the Veteran Family Advocate and will undertake
engagement, liaison and advocacy across the veterans' sector, and draw on the advice of
veterans' families to directly inform the work of the Commission and MRCC in setting
veteran policy and the administration of veteran entitlement and compensation
arrangements.
The new commissioner will focus on veteran mental health and suicide prevention, and
contribute to greater understanding of risk and protective factors relating to the wellbeing of
veterans and their families, particularly during transition from the Australian Defence Force.
These amendments commence on proclamation or 6 months after the Act receives the Royal
Assent.
Human rights implications
Right to protection and assistance to the family
The amendments proposed to be made by Schedule 1 engage Article 10 of the International
Covenant on Economic Social and Cultural Rights (ICESCR). Article 10 of the ICESCR
states that "The widest possible protection and assistance should be accorded to the
family ... " The new commissioner will give a voice to veterans' families and the important
role they play in veteran health and wellbeing.
iv
Right to health
The proposed amendments also engage Article 12 of the ICESCR, which refers to the "right
of everyone to the enjoyment of the highest attainable standards of physical and mental
health". The primary purpose of the new commissioner will be to engage, liaise and support
initiatives to enhance veteran and veteran family health and wellbeing and to improve the
design of all veterans programs and services, including mental health supports and services,
with a strong focus on suicide prevention.
Conclusion
This Schedule is compatible with the right to protection and assistance to the family as the
commissioner will ensure that veterans' families are heard through engagement, liaison and
advocacy and the development of policy which reflects the needs of veterans' families. The
Schedule is also compatible with the right to health as the new commissioner's primary focus
will be on the health and wellbeing of veterans and their families.
v
Schedule 2 - Transition into civilian work
Overview of the Schedule
The amendments proposed to be made by Schedule 2 would amend the MRCA to enable pre
and post-employment assistance to eligible former Australian Defence Force (ADF) members
through the Military Rehabilitation and Compensation Regulations 2020 (MRCA
regulations).
Amendments to the MRCA regulations will prescribe details concerning accessing of
assistance under the Support For Employment (SFE) Program. The assistance will include,
but is not limited to, assistance with resume writing, assistance translating ADF skills to the
civilian workforce, job interview coaching and mentoring; and advice on navigating the
civilian workforce.
These amendments commence on proclamation or 12 months after the Bill receives Royal
Assent.
Human rights implications
Right to work
The amendments proposed to be made by Schedule 1 engage Article 6 of the International
Covenant on Economic Social and Cultural Rights (ICESCR), specifically, the right to work.
Article 6.1 of the ICESCR states that "States Parties ... recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he freely
chooses or accepts, and will take appropriate steps to safeguard this right."
Article 6.2 of the ICESCR further states that a "The steps to be taken by a State Party to the
present Covenant to achieve the full realisation of this right shall include technical and
vocational guidance and training programs, policies and techniques to achieve steady
economic, social and cultural development and full and productive employment under
conditions safeguarding fundamental political and economic freedoms to the individual."
A significant contributing factor to effective transition of veterans to the civilian workforce is
gaining suitable and sustainable employment. This schedule engages and promotes the right
to work through recognising that finding suitable and sustainable employment is central to a
person successfully transitioning from the ADF to the civilian workforce. The schedule will
improve the employment opportunities for former members and support the right to work.
Conclusion
This Schedule is compatible with the right to work as it assists former ADF members
transitioning to civilian employment to increase their chances of finding work; to hold on to
work once they have found it; and to navigate their way through the civilian workforce.
vi
Schedule 3 - Energy supplement
Overview of the Schedule
The amendments proposed to be made by Schedule 3 would amend the Veterans'
Entitlements Act 1986 to extend eligibility for quarterly energy supplement to eligible
Repatriation Health Card - For All Conditions (Gold Card) holders under the Australian
Participants in British Nuclear Tests and British Commonwealth Occupation Force
(Treatment) Act 2006 (BNTBCOF Act) and Treatment Benefits (Special Access) Act 2019
(Treatment Benefits Act).
These amendments commence the day after the Act receives the Royal Assent.
Human rights implications
Right to social security and the right to an adequate standard of living
The amendments proposed to be made by Schedule 1 engage both Article 9 of the
International Covenant on Economic Social and Cultural Rights (ICESCR), specifically, the
right to social security and Article 11, the right to an adequate standard of living, of the
ICESCR.
The right to social security and the right to an adequate standard of living requires, amongst
other things, the right to a minimum essential level of benefits to all individuals and families
that will enable them to acquire essential health care, basic shelter and housing, water and
sanitation and the most basic forms of education.
The purpose of this supplement is to mitigate the effect of rising energy costs for vulnerable
members of the community. As an elderly cohort whose needs have been recognised through
the issuance of the Gold Card, extension of the supplement to this group will assist them to
meet rising energy costs.
The amendments promote the right to social security and the right to an adequate standard of
living by financially compensating vulnerable members of the community.
Conclusion
This Schedule is compatible with the right to social security and the right to an adequate
standard of living as it will provide clients in the BNTBCOF and Treatment Benefits cohorts,
an elderly cohort, with additional money to meet rising energy costs and enable them to
maintain their quality of life.
vii
VETERANS' AFFAIRS LEGISLATION AMENDMENT (SUPPORTING THE
WELLBEING OF VETERANS AND THEIR FAMILIES) BILL 2020
Short title Clause 1 provides that the Act is the Veterans' Affairs Legislation
Amendment (Supporting the Wellbeing of Veterans and Their Families)
Act 2020.
Commencement Clause 2 sets out the commencement date of the provisions of the Act.
For convenience the commencement information is replicated below.
Schedules Clause 3 provides that legislation that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has
effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 The day this Act receives the Royal Assent.
and anything in
this Act not
elsewhere covered
by this table
2. Schedule 1 A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2 A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
4. Schedule 3 The day after this Act receives the Royal
Assent.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended
to deal with any later amendments of this Act.
This Explanatory Memorandum uses the following abbreviations:
ADF means the Australian Defence Force
Commission means the Repatriation Commission
1
Commissioners means members of the Repatriation Commission
DVA means the Department of Veterans' Affairs
MRCA means the Military Rehabilitation and Compensation Act 2004
MRCC means the Military Rehabilitation and Compensation Commission
MRCC Commissioners means members of the MRCC
SFE means the Support For Employment Program
VEA means the Veterans' Entitlements Act 1986
VFA means the Veteran Family Advocate
2
Schedule 1 - Members of Commissions representing families of Veterans
Military Rehabilitation and Compensation Act 2004
Veterans' Entitlements Act 1986
Background
On 5 February 2020 the Prime Minister and the Minister for Veterans' Affairs and Defence
Personnel announced the appointment of a Veteran Family Advocate (VFA) to directly
engage with the families of veterans, to improve the design of all veteran programs and
services, including mental health supports and services.
The Government's commitment is given effect through the creation of a new commissioner
to represent the perspectives of families of veterans on the Repatriation Commission and the
Military Rehabilitation and Compensation Commission (MRCC). The new commissioner
will be known as the Veteran Family Advocate and will undertake engagement, liaison and
advocacy across the veterans' sector, and will draw on the advice of veterans' families to
apply this perspective and directly inform the work of the Repatriation Commission and the
MRCC in setting veteran policy and the administration of veteran entitlement and
compensation arrangements.
The amendments proposed to be made by Schedule 1 would amend the VEA and the MRCA
to create a new commissioner position on the Repatriation Commission and the MRCC to
represent the families of veterans. The commissioner will operate in a similar manner to the
commissioner representing veterans' organisations, known as the Repatriation Commissioner.
Currently, under subsection 182(1) of the VEA, the Repatriation Commission is constituted
of not less than three and no more than five commissioners. The Repatriation Commission
has three commissioners: the President, Deputy President and a commissioner representing
veterans' organisations.
Under subsection 364(1) of the MRCA, the MRCC consists of the President and Deputy
President of the Commission. It also consists of:
a. a member of the Commission (other than the President or Deputy President)
nominated by the Veterans' Affairs Minister;
b. a person who is nominated by the Safety, Rehabilitation and Compensation
Minister (SRC) and is the Chief Executive of Comcare; a person described in
subsection 89E(1) of the Safety, Rehabilitation and Compensation Act 1988; or a
person engaged under the Public Service Act 1999 and performing duties in the
Department of State administered by the SRC Minister.
c. two persons who are nominated by the Defence Minister.
The functions of the Repatriation Commission and the MRCC are to grant pensions and other
benefits to veterans; determine veterans' compensation claims; and provide treatment for
veterans, their dependants and other eligible persons. The Repatriation Commission and the
3
MRCC also advise the Minister for Veterans' Affairs on the operation and administration of
the VEA and the MRCA.
Currently, section 364 of the MRCA provides for a total of six members on the MRCC. This
includes a member of the Repatriation Commission (other than the President and Deputy
President) nominated by the Minister.
The measure will amend section 364 to allow the Minister to nominate an additional member
of the Repatriation Commission, increasing the number of commissioners sitting as
commissioners of the MRCC from three to four. The amendments will result in the overall
number of MRCC members increasing from six to seven.
The amendment to subsection 182(1) of the VEA will increase the minimum number of
commissioners who will form the Repatriation Commission from three to four.
Notes on Clauses
Military Rehabilitation and Compensation Act 2004
Item 1 would amend subparagraph 364(1)(b)(i) by omitting the words "a member" and
substituting the words "2 commissioners". This will enable the appointment of two
commissioners nominated by the Minister for Veterans' Affairs to the MRCC. Currently the
subparagraph allows for the MRCC to be constituted by one member of the Commission who
has been nominated by the Minister.
Item 2 would repeal current subsection 364(2) and substitute a new subsection (2). This
ensures the Minister for Veterans' Affairs nominates the same persons who are members of
the Repatriation Commission representing veterans and their families.
New paragraph 364(2)(a) would require that, if there is no member of the MRCC who is a
commissioner covered by paragraph 182(4)(a) of the VEA, then the Minister for Veterans'
Affairs must nominate a commissioner covered by that paragraph. This ensures that the
membership of the MRCC includes the Repatriation Commissioner, as the commissioner
whose name was on a list submitted to the Minister by ex-service organisations.
Under new paragraph 182(4)(a) of the VEA, the Minister must, when recommending to the
Governor-General the appointment of commissioners to the Commission, ensure that at least
one commissioner is a person whose name was on a list of names recommended from
organisations representing veterans from whom a person could be selected to serve as a
commissioner (subsection 182(3)).The list of names would be submitted to the Minister in
accordance with a request made under subsection 182(3).
New paragraph 364(2)(b) would require that, if there is no member of the MRCC who is a
commissioner covered by paragraph 182(4)(b) of the VEA, then the Minister for Veterans'
Affairs must nominate a commissioner covered by that paragraph.
Under new paragraph 182(4)(b) of the VEA, the Minister must, when recommending to the
Governor-General the appointment of commissioners to the Commission, ensure that at least
4
one commissioner is a person who the Minister is satisfied will represent the families of
veterans. While there is no requirement for the appointee to be a family member of a veteran,
an individual who is a family member of a veteran may be appointed to the position.
Note 1 to Item 2 is an aid to any reader, in that it provides a cross-reference to the
requirements under subsection 182(4) of the VEA that at least one commissioner is to be a
person chosen from a list provided by organisations representing veterans and at least one
commissioner is to be a person who the Veterans' Affairs Minister is satisfied will represent
families of veterans.
Note 2 to Item 2 notes that temporary vacancies do not need to be filled by the same
processes. That is, subsection 364(2) does not need to be complied with during a temporary
vacancy in the office. The note refers to subsection 366(5). The effect of the provision will be
that, where a person is acting as a member described under subsection 364(1)(b)(i), the
person will not be required to be from a list of names recommended from organisations
representing veterans, or be a person who the Minister is satisfied will represent families of
veterans.
Item 3 is a technical provision which would amend the heading of section 366 ("Acting
appointments for the member described in subparagraph 364(1)(b)(i)") by omitting "the
member" and substituting "members".
Item 4 would repeal subsection 366(5) and substitute simplified wording providing that
temporary vacancies are not required to be filled by a person who has gone through the
appointment processes necessary for permanent appointment as the Repatriation
Commissioner or to represent the families of veterans. Subsection 366(5) currently states that,
in relation to a person acting in the position of a Commission member described under
subsection 364(1)(b)(i), the person is not required to be a person whose name is on a list
mentioned in subsection 182(3) of the VEA).
New subsection 366(5) would include a heading "No limit on person that may be appointed".
Subsection (5) would provide that the person appointed is not required to be a person covered
by paragraph 182(4)(a) or (b) of the VEA. The effect of new subsection 366(5) would be that
a person acting as a member of the MRCC (as described under subsection 364(1)(b)(i))
would not be required to be from a list of names recommended from organisations
representing veterans, or be a person who the Minister is satisfied will represent families of
veterans.
Veterans' Entitlements Act 1986
Item 5 would amend subsection 182(1) by omitting the number "3" and substituting the
number "4" with the effect that the Commission would consist of not less than four and not
more than five commissioners.
Item 6 would repeal subsection 182(4) and substitute a new subsection. New paragraph
182(4)(a) would provide that, in making recommendations to the Governor-General about the
appointment of commissioners, the Minister must ensure that at least one of the
commissioners is a person whose name was on a list submitted in accordance with a request
5
made under subsection (3). The effect of this provision is that the Minister must ensure that at
least one of the commissioners was on a list of names recommended from organisations
representing veterans, from whom a person could be selected to serve as a commissioner.
New paragraph 182(4)(b) would provide that at least one of the commissioners is a person
who the Minister is satisfied will represent the families of veterans.
Item 7 would repeal paragraph 195(6)(a) and substitute a new paragraph (a) stating that a
quorum is constituted by three commissioners. Currently subparagraph (a)(i) provides that if
the Commission is constituted by three commissioners, a quorum is constituted by two
commissioners and subparagraph (a)(ii) provides that, in any other case, a quorum is
constituted by three commissioners.
As the Commission will now be constituted by four commissioners, a quorum will be
constituted by three commissioners.
Item 8 is a minor technical amendment to paragraph 195(6)(b) to assist with reading
subsection 195(6). The paragraph provides that at a meeting of the Commission all questions
shall be decided by a majority of the votes of the commissioners present and voting. The
amendment would add "and" to the end of the paragraph.
Commencement
The amendments in Schedule 1 commence on proclamation or six months after the Act
receives the Royal Assent.
6
Schedule 2 - Transition into civilian work
Military Rehabilitation and Compensation Act 2004
Background
The amendments proposed to be made by Schedule 2 would amend the MRCA to enable the
provision of pre and post-employment assistance to eligible former ADF members through
the MRCA regulations. It is intended that amendments to the Military Rehabilitation and
Compensation Regulations 2020 (MRCA regulations) will prescribe details concerning
accessing of assistance under the SFE Program.
The amendments complement the Prime Minister's Veterans' Employment Program. The aim
of the Prime Minister's Veterans' Employment Program is to increase employment
opportunities for veterans by raising awareness in the Australian business community of the
unique skills and experience that veterans can bring to the civilian workplace.
The SFE Program provides support for veterans who need additional services to secure
appropriate employment. A range of pre and post-employment services (or a combination of
both), including but not limited to assistance with resume writing, assistance translating ADF
skills to the civilian workforce, job interview coaching and mentoring; and advice on
navigating the civilian workforce will be available to former members to ease the transition
process and improve their range of skills and confidence in job-seeking. This may lead to the
veteran becoming meaningfully employed and lead to improved economic and psychosocial
outcomes for both themselves and their family.
Notes on Clauses
Item 1 would repeal the current heading at Chapter 5A 'Family Support' and replace it with
the heading 'Chapter 5A--Family and employment support'.
Item 2 would insert the heading 'Part 1 - Family Support' before section 268A.
Item 3 would amend the heading 'Section 268A Simplified outline' and substitute with the
heading '268A Simplified outline of this Part'.
Item 4 would add, at the end of Chapter 5A the heading 'Part 2 - Employment support to
former members'.
Part 2 would include new sections 268C and 268D. New section 268C is a simplified outline
of the Part which explains that the regulations may provide for assistance or benefits to
former members to assist them to transition into civilian work. The regulations providing the
assistance or benefits would be the Military Rehabilitation and Compensation Regulations
2020.
New section 268D would be titled 'Employment support to former members'. New
subsection 268D(1) would provide that the regulations may provide for, and in relation to the
7
granting of assistance or benefits of a specified kind to former members to assist them to
transition into civilian work.
New subsection 268D (2) would provide that, without limiting subsection 268D(1), the
regulations may provide for and in relation to, at paragraphs (a) eligibility criteria for the
assistance or benefits; (b) what a former member has to do to get the assistance or benefits;
(c) the conditions on which the assistance or benefits are granted; and (d) limits (whether
financial or otherwise) on the provision of the assistance or benefits.
New subsection 268D (3) would clarify that, without limiting paragraph 2(a), the criteria may
depend on the Commission being satisfied of one or more specified matters.
Under section 4A of the MRCA the Secretary may arrange for the use, under the Secretary's
control, of computer programs for any purpose for which the Commission may or must,
under the MRCA or a legislative instrument made for the purposes of the MRCA, make a
determination. Section 4A will enable determinations by the Commission as to whether it is
satisfied a person meets eligibility criteria to receive the assistance or benefits to be made by
computer.
New subsection 268D(4) would provide that, despite subsection 14(2) of the Legislation Act
2003, an instrument under subsection (1) of this section may make provision in relation to a
matter by applying, adopting or incorporating, with or without modification, any matter
contained in an instrument or other writing as in force or existing from time to time.
Item 5 would insert at section 423 (the appropriation power) a new paragraph (bc) after
paragraph 423(bb). New paragraph 423(bc) would enable the Consolidated Revenue Fund to
be appropriated for the purposes of paying assistance or benefits granted under the Military
Rehabilitation and Compensation Regulations 2020, for the purposes of section 268D.
Commencement
The amendments in Schedule 2 commence on proclamation or 12 months after the Act
receives the Royal Assent. This proclamation period provides the Department with the ability
to commence the measure at the most appropriate time and allow for uncertainties with the
Parliamentary sitting schedule.
8
Schedule 3 - Energy supplement
Veterans' Entitlements Act 1986
Background
The amendments proposed to be made by Schedule 3 would amend the VEA to extend
eligibility for the quarterly energy supplement to eligible Repatriation Health Card - For All
Conditions (Gold Card) holders under the Australian Participants in British Nuclear Tests
and British Commonwealth Occupation Force (Treatment) Act 2006 (BNTBCOF Act) and
Treatment Benefits (Special Access) Act 2019 (Treatment Benefits Act).
The energy supplement is a regular payment payable to a range of DVA clients including
those eligible for:
Service Pension, Disability Pension and the War Widow(er)'s Pension under the
VEA;
Wholly Dependent Partner payment, Permanent Impairment payment and Special
Rate Disability Pension under the MRCA;
secondary and tertiary students receiving the Education Allowance under the
Veterans' Children Education Scheme and the Military Rehabilitation and
Compensation Act Education and Training Scheme; and
Commonwealth Seniors Health Card and Gold Card.
Currently under section 118 of the VEA only Gold Card holders under the VEA and the
MRCA are eligible for the quarterly energy supplement. Gold card holders under the
BNTBCOF Act and Treatment Benefits Act are not eligible to receive the supplement.
The amendments will extend eligibility for the quarterly energy supplement to holders of
Gold Cards under the BNTBCOF Act and the Treatment Benefits Act. Persons in these
cohorts are elderly and payment of the supplement will assist them to meet rising energy
costs and maintain their standard of living.
The quarterly energy supplement is a regular payment, not to be confused with the one-off
Energy Assistance Payments paid in 2017 and 2019. The one-off payments were $75 for
those with underlying compensation payments or income support payments at the single rate,
or $62.50 for each member of a couple receiving income support payments.
The quarterly energy supplement payment is paid on the first payday after 20 March, 20 June,
20 September and 20 December.
Notes on Clauses
Item 1 would amend subsection 118P(3), the definition of gold card by omitting "or the
Military Rehabilitation and Compensation Act 2004" and substituting " the Military
Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear
Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment
Benefits (Special Access) Act 2019".
9
The effect of the amendment is that Gold Card holders under the BNTBCOF Act and
Treatment Benefits Act will now be eligible to receive quarterly energy supplement.
Commencement
The amendments in Schedule 3 commence the day after the Act receives the Royal Assent.
10