Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans' Affairs) Regulations 2009 (Cth)

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009

Select Legislative Instrument 2009 No. 220 as amended

made under the

Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008

This compilation was prepared on 16 February 2010
taking into account amendments up to SLI 2010 No. 6

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

1Name of Regulations [see Note 1]                            3

2Commencement                                                 3

3Definitions                                                        3

4Transitional provision (MRCA, ss 233, 234)                 3

5Application provision (MRCA, s 239)                         4

6Application provision (MRCA, s 242)                         4

7Transitional provision (MRCA, s 245)                        4

8Application provision (MRCA, s 251)                         5

9Transitional provision (MRCA, s 253)                        5

10Application provision (MRCA, s 255)                         6

11Transitional provision (MRCA, s 258)                        6

12Application provision (MRCA, s 262)                         7

13Application provision (MRCA, s 266)                         7

14Transitional provision (MRCA, s 284 (1))                    7

15Transitional provision (MRCA, s 284 (2))                    8

16Transitional provision (MRCA, s 300)                        8

17Transitional provision (VEA, s 13A)                           9

18Transitional provision (VEA, ss 20 (2A), (2B))               9

19Transitional provision (VEA, s 20)                            9

20Transitional provision (VEA, Part III)                        10

21Transitional provision (VEA, s 86 (2))                        10

22Transitional provision (VEA, s 86 (4) (a))                    10

23Transitional provision (VEA, Part VII)                        11

24Transitional provision (VEA, Part VIIC)                     11

Notes 12

1. Name of Regulations [see Note 1]

These Regulations are the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009.

1. Commencement

These Regulations are taken to have commenced on 1 July 2009.

1. Definitions

In these Regulations:

Act means the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008.

MRCA means the Military Rehabilitation and Compensation Act 2004.

VEA means the Veterans’ Entitlements Act 1986.

1. Transitional provision (MRCA, ss 233, 234)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)at the time of the member’s death, a person was not the wholly dependent partner of the member; and

(c)the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.

(2)For section 233 of the MRCA, the person is taken to have been the wholly dependent partner of the member.

(3)For section 234 of the MRCA, the date of the member’s death is taken to be 1 July 2009.

1. Application provision (MRCA, s 239)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)at the time of the member’s death, a person was not the wholly dependent partner of the member; and

(c)the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.

(2)For section 239 of the MRCA, the person is taken to have been the wholly dependent partner of the member.

(3)Compensation for the cost of obtaining financial advice, under section 239 of the MRCA, is not payable for financial advice received by the person before 1 July 2009.

1. Application provision (MRCA, s 242)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)at the time of the member’s death, a person was not the wholly dependent partner of the member; and

(c)the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.

(2)For section 242 of the MRCA, the Commonwealth is not liable to pay compensation to the person.

1. Transitional provision (MRCA, s 245)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)at the time of the member’s death, a person was not the wholly dependent partner of the member; and

(c)the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.

(2)For section 245 of the MRCA, the person is taken to have been the wholly dependent partner of the member.

(3)Telephone allowance, under section 245 of the MRCA, is not payable to the person before 1 July 2009.

1. Application provision (MRCA, s 251)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)a person is an eligible young person; and

(c)before 1 July 2009, the person was not a dependant of the member; and

(d)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.

(2)The Commonwealth is not liable to pay compensation to the person under section 251 of the MRCA.

1. Transitional provision (MRCA, s 253)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)a person is an eligible young person; and

(c)before 1 July 2009, the person was not a dependant of the member; and

(d)immediately before the member’s death, the person was wholly or mainly dependent on the member; and

(e)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.

(2)For subsection 253 (1) of the MRCA, compensation is payable to the person for a week or part of a week occurring after 30 June 2009, as if the member had died on 1 July 2009.

1. Application provision (MRCA, s 255)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)a person is an eligible young person; and

(c)before 1 July 2009, the person was not a dependant of the member; and

(d)immediately before the member’s death, the person was wholly or mainly dependent on the member; and

(e)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.

(2)The Commonwealth is not liable to pay compensation to the person under section 255 of the MRCA.

1. Transitional provision (MRCA, s 258)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)a person is an eligible young person; and

(c)immediately before the member’s death, the person was not a dependant of the member; and

(d)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.

(2)For subsection 258 (1) of the MRCA:

(a)the power to determine a scheme to provide education and training is taken to include the power to determine a scheme to provide education and training to the person; and

(b)benefits under a scheme determined under subsection 258 (1) of the MRCA are not payable to the person before 1 July 2009.

1. Application provision (MRCA, s 262)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)immediately before the member’s death, a person was not a dependant of the member; and

(c)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death; and

(d)the person would not have been:

(i)the wholly dependent partner of the member; or

(ii)an eligible young person who was a dependant of the member;

if the Act had been in force at the time of the member’s death.

(2)The Commonwealth is not liable to pay compensation to the person under section 262 of the MRCA.

1. Application provision (MRCA, s 266)

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)immediately before the member’s death, a person was not a dependant of the member; and

(c)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.

(2)The Commonwealth is not liable to pay compensation to the person for the cost of a deceased member’s funeral, under section 266 of the MRCA.

1. Transitional provision (MRCA, s 284 (1))

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)at the time of the member’s death, a person was not the wholly dependent partner of the member; and

(c)the person would have been the wholly dependent partner of the member if the Act had been in force at the time of the member’s death.

(2)For subsection 284 (1) of the MRCA:

(a)the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the MRCA for any injury or disease of the person; and

(b)the date of the member’s death is taken to be 1 July 2009.

1. Transitional provision (MRCA, s 284 (2))

(1)This regulation applies if:

(a)a member died before 1 July 2009; and

(b)a person is an eligible young person; and

(c)immediately before the member’s death:

(i)the person was not a dependant of the member; and

(ii)the person was wholly or mainly dependent on the member; and

(d)the person would have been a dependant of the member if the Act had been in force at the time of the member’s death.

(2)For subsection 284 (2) of the MRCA:

(a)the person is taken to be entitled to treatment under Part 3 of Chapter 6 of the MRCA for any injury or disease of the person; and

(b)the date of the member’s death is taken to be 1 July 2009.

1. Transitional provision (MRCA, s 300)

For section 300 of the MRCA, a person to whom regulation 14 or 15 applies is taken to be entitled to treatment under Part 3 of Chapter 6 of the MRCA from 30 June 2009.

Note   Section 300 of the MRCA provides that a person who is eligible for treatment under Part 3 of Chapter 6 of the MRCA is eligible for pharmaceutical allowance.

1. Transitional provision (VEA, s 13A)

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not a dependant of the veteran; and

(c)the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death.

(2)On or after 1 July 2009, section 13A of the VEA applies to the person as if the person is a dependant of the veteran.

1. Transitional provision (VEA, ss 20 (2A), (2B))

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not a dependant of the veteran; and

(c)the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death; and

(d)subsection 20 (2A) or (2B) applies to the person.

(2)For paragraph 20 (2A) (b) or (2B) (b) of the VEA, the date of the veteran’s death is taken to be 1 July 2009.

1. Transitional provision (VEA, s 20)

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not a dependant of the veteran; and

(c)the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death; and

(d)the person makes a claim for a pension under section 14 of the VEA.

(2)For section 20 of the VEA, the date of effect of a determination of a claim under subsection 19 (3) of the VEA must not be before 1 July 2009.

1. Transitional provision (VEA, Part III)

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not the partner of the veteran; and

(c)the person would have been the widow or widower of the veteran, for section 38 of the VEA, if the Act had been in force at the time of the veteran’s death.

(2)Part III of the VEA applies to the person as if:

(a)the veteran had died on 1 July 2009; and

(b)the person was receiving a partner service pension immediately before the veteran’s death.

1. Transitional provision (VEA, s 86 (2))

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not a dependant of the veteran; and

(c)the person would have been a dependant of the veteran if the Act had been in force at the time of the veteran’s death.

(2)For subsection 86 (2) of the VEA, the veteran is taken to have died on 30 June 2009.

1. Transitional provision (VEA, s 86 (4) (a))

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not the child of the veteran; and

(c)the person would have been a child of the veteran if the Act had been in force at the time of the veteran’s death.

(2)For paragraph 86 (4) (a) of the VEA, the veteran is taken to have died on 30 June 2009.

1. Transitional provision (VEA, Part VII)

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not an eligible child of the veteran; and

(c)the person would have been an eligible child of the veteran if the Act had been in force at the time of the veteran’s death.

(2)Benefits under the Scheme prepared by the Commission under Part VII of the VEA are not payable to the person before 1 July 2009.

1. Transitional provision (VEA, Part VIIC)

(1)This regulation applies if:

(a)a veteran died before 1 July 2009; and

(b)immediately before the veteran’s death, a person was not the partner of the veteran; and

(c)the person would have been:

(i)a war widow or war widower of the veteran, for subsection 118V (1A) of the VEA; or

(ii)the widow or widower of a veteran, for subparagraph 118V (3) (a) (iii) of the VEA;

if the Act had been in force at the time of the veteran’s death.

(2)Part VIIC of the VEA applies to the person as if the veteran had died on 1 July 2009.

Notes to the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009

Note 1

The Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009 (in force under the Same-Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) Act 2008) as shown in this compilation comprise Select Legislative Instrument 2009 No. 220 amended as indicated in the Tables below.

Table of Instruments

Year and Number	Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
2009 No. 220	9 Sept 2009 (see F2009L03231)	1 July 2009
2010 No. 6	15 Feb 2010 (see F2010L00290)	(a)	—

(a)Regulation 2 of SLI 2010 No. 6 provides as follows:

These Regulations commence immediately after the commencement of the Same Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009.

The Same Sex Relationships (Equal Treatment in Commonwealth Laws — General Law Reform) (Veterans’ Affairs) Regulations 2009 commenced on 1 July 2009.

Table of Amendments

ad. = added or inserted   am. = amended   rep. = repealed   rs. = repealed and substituted
Provision affected	How affected
R. 20........................................	am. 2010 No. 6