Commonwealth Numbered Regulations

VETERANS' ENTITLEMENTS REGULATIONS (AMENDMENT) 1997 No. 372 - REG 3

3.1 Subregulations 9 (1) and (2): Omit "110 or 132" (wherever occurring),
substitute "110, 132 or 170B".

3.2 Subregulation 9 (1): Insert the following definitions:

"'attendant' means:

   (a)  a person who is authorised by the Commission under section 110 of the
        Act to accompany a veteran or a dependant of a deceased veteran as his
        or her attendant; or

   (b)  a person who accompanies a person referred to in subsection 132 (1),
        (3), (5) or (7) of the Act; or

   (c)  if the Commission is of the view that it is reasonable for an
        applicant under section 170B of the Act to be accompanied by an
        attendant-a person who accompanies the applicant;
'commercial accommodation' means accommodation provided by a commercial
establishment such as a hotel or motel;
'private accommodation' means accommodation that is not commercial
accommodation or subsidised accommodation;
'subsidised accommodation' means accommodation provided on a cost- recovery
basis by an organisation that receives a subsidy for providing the
accommodation, such as a hostel;".

3.3 Subregulation 9 (2): After "regulation,", insert "and to regulations 9AD
and 9AE,".

3.4 Subregulation 9 (3): Omit "subregulation (4),", substitute "subregulations
(4) and (4A), and regulation 9AD,".

3.5 Subregulation 9 (4): Omit "Where", substitute "Subject to regulation 9AD,
where".

3.6 After subregulation (4), insert:

"(4A) If an entitled person incurs parking fees at or in the vicinity of 1 or
more places to which the person has travelled for a purpose referred to in
section 110, 132 or 170B of the Act that exceed $50 in a prescribed period,
the travelling expenses payable to the person include the amount by which the
fees exceed $50.

"(4B) In subregulation (4A), 'prescribed period' means the period of 6 months
beginning on 1 January or 1 July in 1998 or any subsequent year.".

3.7 Omit subregulations 9 (6), (7), (8), (9), (10), (11) and (12), substitute:

"(6) For subregulation (3), the relevant distance for travel by an entitled
person under section 110 of the Act is:

   (a)  if the distance from the residence of the entitled person to the
        treatment location is more than 50 km and the entitled person's
        application is endorsed for treatment-that distance; or

   (b)  if the distance from the residence of the entitled person to the
        treatment location is more than 50 km and the entitled person's
        application is not endorsed for treatment-50 km; or

   (c)  subject to subregulation (8), if the distance from the residence of
        the entitled person to the treatment location is 50 km or less-that
        distance.

"(7) In subregulation (6), 'endorsed for treatment' means written confirmation
endorsed on the application by the entitled person's treating practitioner
that:

   (a)  the treatment met the health care needs of the entitled person; and

   (b)  the treatment location was as close as practical to the entitled
        person's residence.

"(8) For paragraph (6) (c), if the Commission is satisfied that another
suitable treatment location was closer to the entitled person's residence, the
relevant distance is the distance from the entitled person's residence to that
treatment location.

"(9) For subregulation (3), the relevant distance for travel under section 132
of the Act is the distance that in all the circumstances is reasonable.

"(10) For subregulation (3), the relevant distance for travel under section
170B of the Act is the distance by the most direct practicable route from the
entitled person's residence to the place attended by that person to obtain
relevant documentary medical evidence.

"(11) For this regulation, the cost of transport between 2 places by private
motor vehicle, bus, train, tram or ferry is taken to be 21 cents per kilometre
over the most direct route between the places, regardless of the mode of
transport used.

"(12) Subject to subregulations (13), (14), (15) and (18), the amount of
travelling expenses payable to an entitled person in respect of each night's
accommodation and meals during the course of travel is the amount specified
for whichever of the following kinds of accommodation was used on that night:

   (a)  for commercial accommodation that is not in a capital city-$80 each
        night;

   (b)  for commercial accommodation that is in a capital city-$95 each night;

   (c)  for subsidised accommodation-$50 each night;

   (d)  for private accommodation-$25 each night.

"(13) If an entitled person, not being an attendant, and an attendant share
commercial accommodation for a night, the amount of travelling expenses
payable to the entitled person for the night's accommodation and meals for
both the person and the attendant is $130.

"(14) A person is not entitled to payment of an amount mentioned in paragraph
(12) (a), (b) or (c) or subregulation (13) unless he or she first produces
proof of expenditure for the relevant accommodation.

"(15) The amount of travelling expenses payable to an entitled person for
meals during the course of travel on a day on which overnight accommodation is
not required is:

   (a)  if the distance from the residence of the entitled person to the
        person's destination exceeds 50 km but does not exceed 200 km-$8 each
        day; or

   (b)  if the distance from the residence of the entitled person to the
        person's destination exceeds 200 km-$16 each day.

"(16) If an attendant accompanies a veteran or a dependant of a deceased
veteran to a hospital or other institution to which the veteran or dependant
is admitted, the attendant is entitled to payment of travelling expenses in
accordance with subregulation (17), in addition to the expenses payable for
the journeys to and from the hospital or other institution with the veteran or
dependant:

   (a)  to return to his or her residence at the time of the admission; and

   (b)  to return to the hospital or other institution when the veteran or
        dependant is discharged.

"(17) The travelling expenses payable to an attendant under subregulation
(16):

   (a)  are based on the same mode of transport as was used to accompany the
        veteran or dependant; and

   (b)  include any applicable amounts for accommodation and meals.

"(18) If an attendant accompanies a veteran or a dependant of a deceased
veteran to a hospital or other institution to which the veteran or dependant
is admitted, and the attendant stays in commercial accommodation while the
veteran or dependant is in the hospital or other institution, the attendant is
entitled to payment of travelling expenses, in addition to the expenses
payable for the journeys to and from the hospital or other institution with
the veteran or dependant, equal to the lesser of:

   (a)  the travelling expenses that would have been payable under
        subregulation (16), excluding any amounts for accommodation and meals,
        if the attendant had returned home and returned to the hospital or
        other institution using a private motor vehicle; and

   (b)  the travelling expenses payable under subregulation (12) for the
        period from the admission of the veteran or dependant until his or her
        discharge.". Examples: 1. A veteran and attendant drive by private
        motor vehicle to an appointment 100 km from home, and return on the
        same day. The travelling expenses are:
Veteran:   meals         $8.00       (paragraph 9 (15) (a))

           transport    $42.00       (subregulation 9 (11)-

200km @ 21c/km)
Attendant: meals         $8.00

Total                   $58.00
2. A veteran and attendant drive by private motor vehicle to an appointment in
a capital city 300 km from home, stay overnight in non- shared commercial
accommodation, and return the next day. The travelling expenses are:
Veteran:      accom. & meals     $95.00      (paragraph 9 (12) (b))

(1st day)
              meals (2nd day)    $16.00      (paragraph 9 (15) (b))

              transport         $126.00      (subregulation 9 (11)-

600km @ 21c/km)
Attendant:    accom. & meals     $95.00

(1st day)
              meals (2nd day)    $16.00

Total:                          $348.00
3. A veteran and attendant drive by private motor vehicle to an appointment in
a capital city 300km from home, and stay overnight in non-shared commercial
accommodation. The veteran is admitted to a hospital the next morning. The
attendant returns home and comes back to collect the veteran, staying in
commercial accommodation the night before the veteran is discharged. The
travelling expenses are: Amount set out in example 2: $348.00
Attendant:        transport    $126.00     (subregulations 9 (11) and 


(16) -journey home and back
to hospital-600km @ 21c/km)
                  meals         $16.00     (subregulation 9 (16)-

journey home after
delivering veteran)
accom. & meals
                                $95.00     (subregulation 9 (16)-

journey back to hospital)
Total:                         $585.00
4. The situation is the same as in example 3, except that the attendant stays
in commercial accommodation while the veteran is in the hospital (2 nights).
The travelling expenses payable are:
Amount set out in example 2:    $348.00

Attendant:     The lesser of:

         (a) transport home and back to the hospital:   $126.00

(paragraph 9 (18) (a)); or
         (b) 2 nights commercial accommodation:         $190.00

(paragraph 9 (18) (b)).
Total:                                                  $474.00
4. New regulations 9AA, 9AB, 9AC, 9AD, 9AE, 9af, 9ag, 9ah, 9ai, 9aj, 9ak, 9al,
9am and 9AN 4.1 After regulation 9, insert: Annual increase in rates

"9AA. Despite any other provision of these Regulations, a rate prescribed by
subregulation 9 (11), (12), (13) or (15) is increased, as applicable, in
accordance with regulation 9AB, on each anniversary of 1 July 1997.
Calculation of increase

"9AB. (1) In this regulation:
'CPI number' means the All Groups Consumer Price Index number (that is, the
weighted average of the 8 Australian capital cities) published by the
Australian Statistician;
'earlier CPI number', for a financial year, means the CPI number for the last
March quarter before the beginning of the financial year;
'latest CPI number', for a financial year, means the CPI number for the last
March quarter before the end of the financial year;
'rate' means a rate prescribed by subregulation 9 (11), (12), (13) or (15);
'relevant financial year' means a financial year beginning on or after 1 July
1997;
'relevant rate', for a financial year, means the rate applying in the
financial year.

"(2) If, for a relevant financial year, the latest CPI number is greater than
the earlier CPI number, a rate is taken to increase, on 1 July of the next
financial year, in accordance with the following formula:
relevant rate x latest CPI number
earlier CPI number

"(3) If, apart from this subregulation, a rate prescribed by subregulation 9
(11) and increased under subregulation (2) is not a multiple of 0.1 cents, the
rate is to be rounded to the nearest multiple of 0.1 cents and, if the amount
to be rounded is 0.05 cents, rounded up.

"(4) If, apart from this subregulation, a rate prescribed by subregulation 9
(12), (13) or (15) and increased under subregulation (2) is not a multiple of
10 cents, the rate is to be rounded to the nearest multiple of 10 cents and,
if the amount to be rounded is 5 cents, rounded up.

"(5) If, at any time, whether before or after the commencement of this
regulation, the Australian Statistician publishes for a particular March
quarter a CPI number in substitution for a CPI number previously published by
the Australian Statistician for the quarter, the publication of the later CPI
number is to be disregarded for this regulation.

"(6) However, if, at any time, whether before or after the commencement of
this regulation, the Australian Statistician changes the reference base for
the Consumer Price Index, then, in applying this regulation after the change
is made, regard is to be had only to numbers published in terms of the new
reference base. Travelling expenses under section 170B of the
Act-interpretation

"9AC. (1) In this regulation and regulations 9AD, 9AE and 9AF:
'application', in relation to an entitled person, means an application in
accordance with subsection 170B (5) of the Act for the payment of travelling
expenses.

"(2) In this regulation and regulations 9AD, 9AE, 9AF, 9AG and 9AH:
'entitled person' means an applicant or an attendant who is entitled to be
paid travelling expenses under section 170B of the Act. Travelling expenses
under section 170B of the Act-up to $500

"9AD. The total amount, not exceeding $500, of an entitled person's travelling
expenses is payable to the person if:

   (a)  he or she applies to the Commission for payment of travelling expenses
        up to $500 (whether the application is made before or after travel);
        and

   (b)  the application is accompanied by written evidence of his or her
        travelling expenses. Travelling expenses under section 170B of the
        Act-over $500

"9AE. (1) Subregulation (2) applies if:

   (a)  an entitled person applies to the Commission for payment of travelling
        expenses over $500 (whether the application is made before or after
        travel); and

   (b)  the person's application is accompanied by written evidence of his or
        her travelling expenses.

"(2) The amount payable to the person, as soon as practicable after receipt of
the application by the Commission, is the lesser of:

   (a)  the amount of his or her travelling expenses; and

   (b)  the amount calculated by the Commission, in accordance with
        regulations 9, 9AM and 9AN, as the amount of travelling expenses
        payable to the person.

"(3) The Commission must notify an entitled person of a decision it makes
under subregulation (2) as soon as practicable after the Commission receives
that person's application. Travelling expenses under section 170B of the
Act-request for written evidence

"9AF. (1) Subregulation (2) applies if:

   (a)  not later than 6 months after an entitled person completes his or her
        travel, the Commission requests that person to give to the Commission
        written evidence of his or her travelling expenses; and

   (b)  the person does not give the Commission the written evidence within 3
        months after the request was made.

"(2) The Commission may:

   (a)  if the person has not been paid travelling expenses in advance under
        section 170C of the Act-refuse to authorise the payment of travelling
        expenses; or

   (b)  if the person has been paid travelling expenses in advance under
        section 170C of the Act-request the person to repay to the
        Commonwealth the amount of the advance.

"[NOTE: Subsection 170C (2) of the Act provides that a person in receipt of an
advance for travelling expenses under subsection 170C (1) of the Act, is
liable to repay to the Commonwealth all or any part of the advance that
represents an amount for which travelling expenses were not incurred.]

"(3) The Commission must notify an entitled person of a decision it makes
under subregulation (2) as soon as practicable after the Commission receives
that person's application. Reconsideration of decisions-initiated by the
Commission

"9AG. If the Commission is satisfied that information given to the Commission
when it made a decision under regulation 9, 9AD or 9AE is false or misleading
in a relevant detail, the Commission may, in its discretion:

   (a)  reconsider the decision; and

   (b)  if it decides that an amount of travelling expenses has been paid that
        would not have been paid but for the false or misleading statement or
        representation-request the entitled person to repay to the
        Commonwealth an amount equal to that amount. "[NOTES 1. The effect of
        section 205 of the Act is that if a person is paid a pension,
        allowance or other pecuniary benefit under the Act because of a false
        statement or representation to the Commission by that person,
        procedures are prescribed enabling the Commission to recover from that
        person an amount equal to the amount of the pension, allowance or
        other pecuniary benefit paid. 2. The effect of section 208 of the Act
        is that if a person is paid a pension, allowance or other pecuniary
        benefit under the Act because of a false or misleading statement to
        the Commission by that person, the person is guilty of an offence that
        is punishable, on conviction, by a fine or imprisonment or both.]
        Reconsideration of decisions-initiated by entitled persons

"9AH. (1) An entitled person who is dissatisfied with a decision of the
Commission under regulation 9, 9AE or 9AF may request the Commission to
reconsider the decision.

"(2) A request for reconsideration of a decision must:

   (a)  be in writing; and

   (b)  set out the grounds on which the request is made; and

   (c)  be made to the Commission within 3 months after the day on which the
        person seeking reconsideration was notified of the decision.

"(3) If the Commission has delegated its powers under this regulation to the
person who made a decision under reconsideration, that person must not
reconsider the decision. Commission's duty if a request for reconsideration
made

"9AI. (1) If the Commission receives a request under regulation 9AH, the
Commission must affirm the decision or set it aside:

   (a)  within 3 months after receipt of the request; or

   (b)  within such longer period as is agreed in writing by the person who
        made the request.

"(2) If the Commission sets aside a decision first made under regulation 9,
9AE or 9AF, it must make a decision in place of the decision set aside, taking
into consideration only the evidence that was before the Commission when it
made the first decision. Commission must make written record of reconsidered
decision and reasons

"9AJ. (1) When the Commission reconsiders a decision referred to in regulation
9AG or 9AH, it must make a written record of the reconsidered decision.

"(2) The written record must include a statement that:

   (a)  sets out the Commission's findings on relevant questions of fact; and

   (b)  refers to the evidence or other material on which those findings are
        based; and

   (c)  provides reasons for the Commission's decision. Written record to be
        given to person who requested reconsideration

"9AK. As soon as practicable after the Commission reconsiders a decision
referred to in regulation 9AG or 9AH, it must give to the person who requested
reconsideration of the decision a copy of the written record referred to in
regulation 9AJ. Review by Administrative Appeals Tribunal

"9AL. (1) Application under the Administrative Appeals Tribunal Act  1975 may
be made to the Administrative Appeals Tribunal for a review of a decision of
the Commission under regulation 9AG or 9AI.

"(2) An application under subregulation (1) must be made within 3 months after
the day on which the person seeking review was notified of the Commission's
decision. Travelling expenses under section 110, 132 or 170B of the Act to 1
destination for 2 or more purposes

"9AM. Despite regulations 9, 9AD and 9AE, if a person who is entitled to be
paid travelling expenses under section 110, 132 or 170B of the Act travels to
1 destination for 2 or more purposes referred to in section 110, 132 or 170B
of the Act, the amount of travelling expenses that that person is entitled to
be paid is the greatest amount payable under section 110, 132 or 170B of the
Act for 1 of those purposes.

"[NOTE: For example, a person who travels to a medical practice to obtain
relevant documentary medical evidence as well as for treatment will only be
paid the greatest amount of travelling expenses payable under section 110, 132
or 170B of the Act for that travel.] Travelling expenses under section 110,
132 or 170B of the Act to more than 1 location within the same town or city

"9AN. Despite regulations 9, 9AD and 9AE, if a person who is entitled to be
paid travelling expenses under section 110, 132 or 170B of the Act travels to
more than 1 location in the same city or town for a purpose or purposes
referred to in section 110, 132 or 170B of the Act, the amount of travelling
expenses that that person is entitled to be paid is:

   (a)  the greatest amount payable under section 110, 132 or 170B of the Act
        for travel to the city or town; and

   (b)  the greatest amount payable under section 110, 132 or 170B of the Act
        for travel between each location within that city or town.

"[NOTE: For example, a person who travels to a medical practice in a city for
treatment, and then goes to another location in the same city for a medical
examination before returning home, will only be paid once for the return
travel to the city, and once for the travel from the medical practice to the
other location (being the greatest amount of travelling expenses payable under
section 110, 132 or 170B of the Act for that travel).]". 5. Application 5.1
The amendments made by regulations 3 and 4 have effect in relation to travel
undertaken after the commencement of these Regulations.