Commonwealth Numbered Regulations

1986 No. 97 VETERANS' ENTITLEMENTS REGULATIONS - REG 9

9. (1) In this regulation-

"entitled person" means a person who is entitled to be paid travelling
expenses under section 110 or 132 of the Act;

"residence", in relation to a person at a time, means the permanent or
temporary place of residence of that person at that time;

"travel", in relation to an entitled person, means travel referred to in
section 110 or 132 of the Act from his or her residence to his or her
destination and return.

(2) Subject to this regulation, travelling expenses comprise the amount
required to re-imburse in whole or part expenditure on-

   (a)  transport;

   (b)  accommodation; or

   (c)  meals, necessarily incurred by or on behalf of an entitled person in
        connection with travel referred to in section 110 or 132 of the Act.

(3) Subject to sub-regulation (4), the amount of travelling expenses payable
to an entitled person in respect of transport for travel shall not exceed an
amount calculated by the Commission as the cost of travel by the most
appropriate form of transport over the relevant distance.

(4) Where the cost incurred by an entitled person in respect of transport for
travel referred to in sub-regulation (3) is less than the amount calculated by
the Commission under that sub-regulation, the cost so incurred shall be the
amount of travelling expenses payable to that person in respect of transport.

(5) For the purposes of sub-regulation (3), the most appropriate form of
transport is the form determined by the Commission having regard to-

   (a)  the forms of transport that were reasonably available to the person
        for the purpose of that travel;

   (b)  the cost of each of those forms of transport including, where a form
        of transport was reasonably available in more than one class,
        differences in cost between those classes;

   (c)  the desirability of using the cheapest form of suitable transport for
        the purposes of that travel;

   (d)  the degree of any mental or physical disablement of the person;

   (e)  the distance travelled; and

   (f)  whether the route taken in that travel was the most direct, practical
        route, as the most appropriate form of transport for that travel.

(6) For the purposes of sub-regulation (3), the relevant distance is-

   (a)  in the case of travel by a veteran as provided by sub-section 110 (1)
        of the Act for the purpose of obtaining treatment-the distance from
        the residence of the veteran to-

        (i)    the closest place at which, in accordance with an arrangement
               under sub-section 84 (1) of the Act that treatment is
               reasonably available; or

        (ii)   such other place as is further away from, but within reasonable
               proximity to, that residence as the Commission approves; and

   (b)  in the case of any other travel under section 110 or 132 of the
        Act-the distance that in all the circumstances is reasonable.

(7) For the purposes of this regulation, the cost of transport by private
motor vehicle shall be deemed to be 11.16 cents per kilometre.

(8) Subject to sub-regulation (9), the amount of travelling expenses payable
to an entitled person in respect of accommodation during the course of travel
is the cost incurred for commercial accommodation each night or $40 each
night, whichever is less.

(9) A person is not entitled to payment of an amount in respect of
accommodation unless he or she first produces proof of expenditure in respect
of that accommodation.

(10) Subject to sub-regulation (11), the amount of travelling expenses payable
to an entitled person in respect of meals in connection with travel is as
follows:

   (a)  breakfast, $5;

   (b)  lunch, $5;

   (c)  dinner, $12, or the cost incurred for that meal, whichever is less.

(11) For the purposes of sub-regulation (10), a meal on a day is connected
with the travel of an entitled person where-

   (a)  in the case of breakfast-

        (i)    the person was away from his or her residence the immediately
               previous night during the course of that travel; or

        (ii)   the person left his or her residence before 6 a.m. on that day
               to begin that travel;

   (b)  in the case of lunch, the person is away from his or her residence
        during the whole of the period between 12 noon and 2 p.m. on that day
        during the course of that travel; or

   (c)  in the case of dinner, the person is away from his or her residence
        during the whole of the period between 5.30 p.m. and 7.30 p.m. on that
        day during the course of that travel.

(12) Where for a purpose referred to in sub-section 110 (1) or 132 (1) of the
Act an entitled person is required to fast before a treatment, examination or
investigation to be given during a morning, the travelling expenses to which
the person is entitled in respect of travel for that purpose shall
nevertheless comprise or include, as the case may be, the amount referred to
in paragraph (10) (a).