Veterans' Affairs Legislation Amendment Act 1987

Overview

The Veterans' Affairs Legislation Amendment Act 1987, No. 78, was enacted to amend various pieces of legislation relating to veterans' entitlements. It was introduced to address a range of issues concerning the administration and eligibility for veterans' pensions and benefits, including the calculation of pensions, the treatment of dependents, and the prevention of fraudulent claims. This Act was passed by the Queen, in accordance with the Senate and the House of Representatives of the Commonwealth of Australia. The overarching policy objective of this Act is to ensure that veterans and their dependants receive appropriate and fair entitlements while maintaining the integrity of the veterans' benefits system. It achieves this through various amendments to definitions, rates of payment, and procedural requirements, as well as introducing new penalties for fraudulent claims and ensuring that the Commission has the necessary powers to review and adjust pensions appropriately.

Scope and Application

The Veterans' Affairs Legislation Amendment Act 1987 (C2004A03487) primarily amends the Veterans' Entitlements Act 1986 and other related Acts to refine the criteria and administration of veterans' pensions and related benefits. This Act applies to veterans, their dependants, and those eligible for pensions and allowances under the Veterans' Entitlements Act, including service pensioners, their spouses, and children, as well as members of the Australian Defence Force and their dependants. It extends to the Commonwealth of Australia and includes provisions that may affect state and territory laws in areas where veterans' entitlements overlap with state and territory social security laws. The Act specifies various exclusions and thresholds, such as the cessation of certain pensions for children once they reach specific educational funding schemes or the age of 16. Additionally, it introduces amendments to the definition of "child" under the Act, modifies the calculation of income for pension eligibility, and alters the rates of various pensions and allowances. The application of the Act is further extended or restricted through subordinate instruments, such as regulations and guidelines, which provide detailed rules and procedures for implementing the legislative changes.

Key Provisions

• The Veterans’ Affairs Legislation Amendment Act 1987 amends various aspects of the Veterans’ Entitlements Act 1986, the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986, the Social Security and Veterans’ Affairs (Miscellaneous Amendments) Act 1986, the Seamen’s War Pensions and Allowances Act 1940, the Papua New Guinea (Members of the Forces Benefits) Act 1957, and the Social Security and Repatriation Legislation Amendment Act (No. 2) 1984. The Act introduces a range of amendments and new provisions to adjust the eligibility, calculation, and administration of pensions and allowances for veterans and their dependants. It also introduces new offences and penalties related to the misuse of veterans' treatment services.
• Sections 3 to 23 of Part II of the Act amend the Veterans’ Entitlements Act 1986. These sections redefine the term “child,” adjust the criteria for “operational service,” and alter the definitions of “war-caused injuries or diseases.” Section 7 mandates the Commission to determine specific pension matters when remitted by the Board or Administrative Appeals Tribunal. Section 8 expands the Commission’s review powers, allowing them to request medical examinations and information from veterans. Sections 11 to 23 adjust the eligibility, rates, and conditions for various pensions, including service pensions, wife’s service pensions, and carer’s service pensions, and introduce new provisions for rent assistance and remote area allowances.
• The Act imposes obligations on parties such as the Commission, the Board, and the Administrative Appeals Tribunal to review and determine pension matters accurately and in accordance with the Act. It also requires veterans and their dependants to provide information and comply with requests for medical examinations as part of the pension review process. Additionally, the Act obligates service pensioners to report certain events affecting their pensions, such as changes in their financial circumstances or property value.
• Sections 24 to 26 introduce new offences related to false statements and prohibited practices in connection with veterans' treatment. Section 26 specifically prohibits making or authorizing false statements that are used in claims for treatment payments, with penalties of up to $2,000 for individuals and $10,000 or imprisonment for up to 5 years for corporations or their officers. Section 27 prohibits bribery and other inducements related to pathology services, with similar penalties. Section 28 ensures that statements made during counselling by the Department are not admissible as evidence in prosecutions unless certain conditions are met.
• The Act also includes provisions for the recovery of overpayments resulting from false statements, with interest accruing on unpaid amounts after a specified period. It outlines the procedures for prosecuting offences and the penalties for breaches, which include fines and imprisonment terms. For instance, offences under sections 93C, 93d, and 93e are indictable, with potential penalties of up to $10,000 in fines and 5 years in prison. Additionally, section 37C addresses the review of decisions and the provision of reasons for decisions, ensuring transparency and accountability.
• Overall, the Veterans’ Affairs Legislation Amendment Act 1987 seeks to refine the administration of veterans' pensions, introduce stricter controls over the misuse of treatment services, and establish clear procedures for the review and enforcement of pension-related decisions. It ensures that pensions are awarded fairly and accurately, and that any overpayments are recovered effectively.

Legal classification tags

Area of Law

Veterans’ Affairs

Instrument

Act

Concepts

Commencement Provisions

Repeal & Amendment

Civil Penalty Provisions

Offence Provisions

Enforcement Powers

Review & Sunset Clauses