Commonwealth Numbered Regulations - Explanatory Statements Commonwealth Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
VETERANS' ENTITLEMENTS AMENDMENT REGULATIONS 1999 (NO. 1) 1999 NO. 34
EXPLANATORY STATEMENTStatutory Rules 1999 No. 34
Issued by the Authority of the Minister for Veterans' Affairs
Veterans' Entitlements Act 1986
Veterans' Entitlements Amendment Regulations 1999 (No. 1)
Section 216 of the Veterans' Entitlements Act 1986 (the Act) enables the Governor General to make regulations prescribing matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Veterans' Entitlements Amendment Regulations 1999 (No. ) ('the amendments') amend the Veterans' Entitlements Regulations 1986 ('the principal regulations'). The impetus for the amendments arose out of the normal course of administering the regulations and as a result of a representation by the Senate Standing Committee on Regulations & Ordinances.
The purpose of the proposed amendments is to:
* prescribe additional travelling expenses that may be reimbursed under the Act ie expenses incurred by an applicant to the Specialist Medical Review Council and any attendant, who incurred expenses while travelling to obtain documentary medical evidence to submit to the Council ('Travelling Expenses Amendment');
* ensure the Repatriation Commission can consider new evidence when reviewing decisions ('Review Amendment').
Travelling Expenses Amendment (Schedule, proposed paragraphs 2,3,4,5,6,7,8,9,10,11,12,13,15,16 17,18,19, and 20)
Sections 110, 132, 170B and 196ZO of the Act provide that in certain circumstances a person may be entitled to be paid such travelling expenses as are prescribed in the regulations.
The principal regulations prescribed the travelling expenses payable under sections 110, 132 and 170B but inadvertently failed to prescribe travelling expenses under section 196ZO. Section 196ZO allows prescribed travelling expenses to be paid to an applicant to the Specialist Medical Review Council, and any attendant, who incurred expenses while travelling to obtain documentary medical evidence to submit to the Council.
The amendments prescribe the travelling expenses payable to an applicant to the Specialist Medical Review Council and to any attendant by simply extending the principal regulations to include these persons.
Review Amendment (Schedule, proposed paragraph 14)
The principal regulations contain a review procedure in respect of certain decisions.
Previously, where the Repatriation Commission was requested to reconsider a decision there was a specific direction in the principal regulations that it was to take into consideration only the evidence that was before it when it made the first decision.
The Senate Standing Committee on Regulations & Ordinances expressed concern about this situation pointing out that appeal-processes normally allowed the review body to consider any new evidence that had become available and such a body was not confined to the situation of considering only the evidence available at the time of the original decision.
Accordingly the amendments remove the direction that when reconsidering certain decisions the Commission must only have regard to the evidence that was before it when it made the first decision.
Details of each of the amendments are set out in the attachment.
The amendments will commence upon notification in the Gazette.
ATTACHMENT
Veterans' Entitlements Amendment Regulations 1999 (No. 1)
Regulation 1 refers to the name of the amendments - namely the Veterans'
Entitlements Amendment Regulations 1999.
Regulation 2 provides for the amendments to commence on their
notification in the Commonwealth Gazette.
Regulation 3 states that the Veterans' Entitlements Regulations are
amended by schedule 1 of the amendments.
Schedule
Paragraph 1 ensures the title to the principal regulations refers to the year
on which they were made ie 1986.
Paragraph 2 revises the heading to regulation 9 of the principal regulations
by including a reference to section 196ZO which is the section
under which travelling expenses in respect of travel to the
Specialist Medical Review Council may be prescribed.
Paragraph 3 amends the principal regulations with the result that the
circumstances in which travelling expenses may be paid under
the principal regulations are extended to include the situation
where an applicant to the Specialist Medical Review Council,
and any attendant, have incurred expenses while travelling to
obtain documentary medical evidence to submit to the
Council.
[Hereinafter an applicant to the Specialist Medical Review
Council, and any attendant, who incurred expenses while
travelling to obtain documentary medical evidence to submit
to the Council will be referred to as 'an applicant to the
Specialist Medical Review Council, and any attendant']
Paragraph 4 ensures that any person who accompanies an applicant to the
Specialist Medical Review Council will be regarded as an
attendant under the current regulations thereby entitling that
person to travel expenses if the Repatriation Commission
considered it reasonable for the applicant to have an attendant.
Paragraph 5 ensures that where parking fees are incurred by an applicant to
the Specialist Medical Review Council, or any attendant, and
those fees exceed $50 in a period of 6 months, then the
travelling expenses that may be paid to that person are to
include the amount by which the parking fees exceed $50.
This amendment simply affords an applicant to the Specialist Medical Review Council, and any attendant, the same 'parking fee benefit' that is payable to other recipients of travelling expense payments under the principal regulations.
Paragraph 6 has the result of defining the 'relevant distance of travel' for
the purpose of calculating the travelling expenses of an
applicant to the Specialist Medical Review Council and any
attendant. The relevant distance will be the distance by the
most direct practicable route from the applicant's or
attendant's residence to the place attended by that person to
obtain relevant documentary medical evidence.
Paragraph 7 ensures that the definition of 'application' in the principal
regulations, which relates to an application for the payment of
travelling expenses, includes an application by an applicant to
the Specialist Medical Review Council, or any attendant, for
the payment of travelling expenses.
Paragraph 8 ensures that the definition of 'entitled person' in certain
principal regulations (ie an applicant, and any attendant,
entitled to travelling expenses incurred for the purpose of
obtaining relevant documentary medical evidence for the
purpose of an application to the Veterans' Review Board)
includes an applicant, and any attendant, entitled to travelling
expenses incurred for the purpose of obtaining relevant
documentary medical evidence for the purpose of an
application to the Specialist Medical Review Council.
Paragraphs 9,10,11 The relevant headings in the principal regulations have been
changed to reflect the fact that travelling expenses will also be
payable to an applicant, and any attendant, entitled to
travelling expenses incurred for the purpose of obtaining
relevant documentary medical evidence for the purpose of an
application to the Specialist Medical Review Council.
Paragraph 12 empowers the Repatriation Commission to refuse to pay
travelling expenses to an applicant to the Specialist Medical
Review Council and any attendant, and to recover any
travelling expenses already paid, if such persons fail to supply
the Commission with written evidence of their travelling
expenses.
This amendment subjects an applicant to the Specialist
Medical Review Council and any attendant to the same
obligations that exist for an applicant to the Veterans Review
Board and any attendant who incurred expenses while
travelling to obtain documentary medical evidence to submit
to the Board.
Paragraph 13 substitutes a new note alerting readers to the provisions in the
Act which require advances of travelling expenses to be repaid
if they were not eventually incurred.
Paragraph 14 has the effect of removing the requirement in the principal
regulations that, when reconsidering a decision, the
Repatriation Commission must only have regard to the
evidence that was before it at the time it made the original
decision. The Commission may now have regard to new
evidence when reconsidering a decision.
Paragraph 15 revises the heading to regulation 9AM of the principal
regulations by including a reference to section 196ZO.
Regulation 9AM, which regulates payment of travelling
expenses in the situation where a person travels to one
destination for two or more purposes, will now also apply to
an applicant to the Specialist Medical Review Council and any
attendant.
Paragraph 16 prevents 'double dipping' where an applicant to the Specialist
Medical Review Council, and any attendant, has incurred
expenses while travelling to one destination to obtain
documentary medical evidence to submit to the Council and
that travel is also for another purpose in respect of which
travelling expenses may be claimed eg travel to a medical
practice to obtain treatment (as well as to obtain documentary
medical evidence).
This amendment ensures that, in these circumstances, only the
higher of the travelling expenses in respect of one of the
purposes will be payable.
This simply extends the safeguards in the principal regulations
in respect of 'double dipping' to an applicant to the Specialist
Medical Review Council and any attendant.
Paragraph 17 revises the note after regulation 9AM by including a reference
to section 196ZO in an example of how regulation 9AM could
operate in practice.
Paragraph 18 revises the heading to regulation 9AN of the principal
regulations by including a reference to section 196ZO.
Regulation 9AN, which regulates payment of travelling
expenses where a person travels to more than one location in
the same town or city, will now apply to an applicant to the
Specialist Medical Review Council and any attendant.
Paragraph 19 applies to the situation where an applicant to the Specialist
Medical Review Council and any attendant, travels to more
than one location within the same city or town for a purpose
or purposes in respect of which travelling expenses may be claimed.
Paragraph 19 ensures that in these circumstances the amount of travelling expenses that is payable is the greatest amount payable under the principal regulations (as amended) for travel to the city or town and the greatest amount payable under the principal regulations (as amended) for travel between each location within that city or town.
The amendment simply extends the rules in the principal regulations in relation to travel to more than one location within a town or city to the situation of an applicant to the Specialist Medical Review Council and any attendant.
Paragraph 20 revises the note after regulation 9AN of the principal
regulations by including a reference to section 196ZO in an
example of how regulation 9AN could operate in practice.