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2010
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
VETERANS' ENTITLEMENTS AMENDMENT
(CLAIMS FOR TRAVEL EXPENSES) BILL 2010
EXPLANATORY MEMORANDUM
(Circulated by authority of the Prime Minister,
The Honourable Julia Gillard MP)
Table of Contents
Outline and Financial Impact
............................................................. ii
1. Short Title
.................................................................
......................... iii
2. Commencement
.................................................................
................ iii
3. Schedule(s)
.................................................................
....................... iii
Schedule 1 - Amendments ...........
................................................................. 1
VETERANS' ENTITLEMENTS AMENDMENT
(CLAIMS FOR TRAVEL EXPENSES) BILL 2010
OUTLINE AND FINANCIAL IMPACT
Outline
The Bill will extend from three months to 12 months, the period within
which claims for certain travel expenses may be lodged. The amendments
will also enable the Repatriation Commission to further extend this period
in exceptional circumstances.
Financial Impact
The amendments have negligible financial impact.
Veterans' Entitlements Amendment
(Claims for Travel Expenses) Bill 2010
Short Title Clause 1 sets out how the Act is to be cited.
Commencement Clause 2 sets out the commencement date of the
Act.
Schedules Clause 3 provides that each Act 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to this Act is amended or repealed as set out in the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.
This explanatory memorandum uses the following abbreviations:
'Commission' means the Repatriation Commission; and
'Veterans' Entitlements Act' means the Veterans' Entitlements Act 1986.
Schedule 1 - Amendments
Amendments of the Veterans' Entitlements Act 1986
Overview
These amendments will extend, from three months to 12 months, the period
within which claims for certain travel expenses may be lodged. The
amendments will also enable the Commission to further extend this period in
exceptional circumstances.
Background
Under the Veterans' Entitlements Act, an eligible person may be paid
travelling expenses incurred in obtaining treatment. The time limit for
claiming travel expenses for treatment is 12 months. This period can be
further extended if the Commission considers there are exceptional
circumstances. Section 110 and subsection 112(3) provide for travel
expenses for treatment.
Under the Veterans' Entitlements Act, travel expenses are also paid for a
person, and where necessary an attendant (carer), in the following
circumstances:
. to meet with the Commission or a delegate of the Commission in
relation to a claim or review - subsections 132(1),(2) and (9);
. to attend a medical examination or investigation in relation to a
claim or review - subsections 132(1) and (2);
. to give evidence or produce documents in relation to a claim or review
- subsections 132(3) and (4);
. to attend a hearing by the Veterans' Review Board in relation to a
review - subsections 132(5), (6) and (9);
. to attend before the Administrative Review Tribunal in relation to a
review - subsections 132(7) and (8);
. to obtain documentary medical evidence for a review by the Veterans'
Review Board - section 170B;
. to obtain documentary medical evidence to be submitted to the
Specialist Medical Review Council - section 196ZO.
Under the existing arrangements, the time limit for submitting a claim for
travel expenses in the above circumstances is three months and there are no
exceptional circumstance provisions available to extend this period.
Explanation of the changes
These amendments extend the time limit for the lodgement of a claim for non-
treatment related travel expenses from three months to 12 months. This
will align the time limit with that available for travel expenses for
obtaining treatment.
The amendments also introduce to each of the non-treatment travel
categories, a further extension to the 12 month time limit for exceptional
circumstances, as currently exists for travel expenses for obtaining
treatment.
Explanation of the items
Item 1 repeals paragraph 132(11)(e) and substitutes a new paragraph.
Section 132 provides for travel expenses for a variety of non-treatment
related purposes including:
. to attend, at the request of the Commission or the Commission's
delegate, a discussion in relation to the claim or review,
. to attend a medical appointment related to the claim or review; and
. to give evidence or produce documents to the Commission.
New subparagraph 132(11)(e)(i) provides that a claim for travel expenses
under section 132 must be made within 12 months of the completion of the
travel. New subparagraph 132(11)(e)(ii) provides that, in relation to a
claim for travel under section 132, if the Commission thinks that there are
exceptional circumstances that justify extending the time period for
claiming for such travel, then the time period is extended for such further
period as the Commission allows.
Item 2 repeals paragraph 170B(5)(b) and substitutes a new paragraph.
Section 170B provides for travel expenses within Australia for a Veterans'
Review Board applicant, and where necessary an attendant (carer), to be
paid travel expenses for travel undertaken to obtain relevant documentary
medical evidence for the review.
New subparagraph 170B(5)(b)(i) provides that a claim for travel expenses
under section 170B must be made within 12 months of the completion of the
travel. New subparagraph 170B(5)(b)(ii) provides that, in relation to a
claim for travel under section 170B, if the Commission thinks that there
are exceptional circumstances that justify extending the time period for
claiming for such travel, then the time period is extended for such further
period as the Commission allows.
Item 3 repeals paragraph 196ZO(5)(b) and substitutes a new paragraph.
Section 196ZO provides for travel expenses within Australia for an
applicant, and where necessary an attendant, to be paid travel expenses for
travel undertaken to obtain relevant documentary medical evidence that was
submitted the Specialist Medical Review Council.
New subparagraph 196ZO(5)(b)(i) provides that a claim for travel expenses
under section 196ZO must be made within 12 months of the completion of the
travel. New subparagraph 196ZO(5)(b)(ii) provides that, in relation to a
claim for travel under section 196ZO, if the Commission thinks that there
are exceptional circumstances that justify extending the time period for
claiming for such travel, then the time period is extended for such further
period as the Commission allows.
Item 4 is an application provision that makes it clear that the amendments
made by items 1 to 3 of Schedule 1, apply only in relation to travel that
is completed on or after the commencement of those items. This rule
applies regardless of whether the travel commenced before, on or after that
commencement date.
Commencement
Clause 2 provides this Act commences on the day the Act receives Royal
Assent.