Veterans’ Entitlements Amendment Act 2011
No. 95, 2011
An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Prisoner of war recognition supplement
Part 1—Main amendments
Veterans’ Entitlements Act 1986
Part 2—Consequential amendments
Income Tax Assessment Act 1997
Social Security Act 1991
Veterans’ Entitlements Act 1986
Schedule 2—Compensation offsetting
Veterans’ Entitlements Act 1986
Schedule 3—Temporary incapacity allowance
Income Tax Assessment Act 1997
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Amendment Act 2011
No. 95, 2011
An Act to amend the Veterans’ Entitlements Act 1986, and for related purposes
[Assented to 15 September 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Veterans’ Entitlements Amendment Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 15 September 2011 |
2. Schedule 1 | 20 September 2011. | 20 September 2011 |
3. Schedule 2 | The day this Act receives the Royal Assent. | 15 September 2011 |
4. Schedule 3 | 20 September 2011. | 20 September 2011 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Prisoner of war recognition supplement
Part 1—Main amendments
Veterans’ Entitlements Act 1986
1 After Part VIA
Insert:
Part VIB—Prisoner of war recognition supplement
Division 1—Eligibility for prisoner of war recognition supplement
115M Eligibility for prisoner of war recognition supplement
World War 2 internments—European States
(1) A veteran is eligible for a prisoner of war recognition supplement if the veteran was interned by the military forces of an enemy State at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945.
(2) A civilian is eligible for a prisoner of war recognition supplement if:
(a) the civilian was interned by the military forces of an enemy State at any time during the period starting on 3 September 1939 and ending at the end of 11 May 1945; and
(b) the civilian was domiciled in Australia immediately before the civilian’s internment.
World War…
Overview
The Veterans’ Entitlements Amendment Act 2011 was enacted to amend the Veterans’ Entitlements Act 1986 and address specific issues related to veterans' entitlements. This Act, assented to on 15 September 2011 by the Parliament of Australia, introduces several key amendments to provide additional support and recognition to veterans who were prisoners of war during World War II and the Korean War. The primary objective of this legislation is to provide a prisoner of war recognition supplement to eligible veterans and civilians who were interned by enemy forces during these conflicts. The Act also includes consequential amendments to the Income Tax Assessment Act 1997 and the Social Security Act 1991 to ensure consistency in the treatment of the new supplement across different legislative frameworks. By recognising the unique hardships faced by these individuals, the Act aims to provide appropriate financial support and acknowledgment of their service and suffering.
Scope and Application
The Veterans’ Entitlements Amendment Act 2011 amends the Veterans’ Entitlements Act 1986 and related legislation to introduce a prisoner of war recognition supplement, provide for compensation offsetting changes, and repeal the temporary incapacity allowance. This Act applies to veterans and civilians who were interned by enemy military forces during specified periods of World War II and the Korean War. It also applies to the Commissioner of Veterans' Claims, the Department of Veterans' Affairs, and the Repatriation Commission as defined in the Veterans' Entitlements Act 1986. The amendments introduced by this Act extend to the Commonwealth and all states and territories within Australia. The Act commenced on the date of Royal Assent, 15 September 2011, with specific provisions in Schedules 1, 2, and 3 commencing on 20 September 2011. The Act includes consequential amendments to the Income Tax Assessment Act 1997 and the Social Security Act 1991 to reflect the changes made by this legislation. The application of the amendments is retrospective to the extent necessary to ensure consistency and fairness in the administration of veterans’ entitlements.
Key Provisions
- The Veterans’ Entitlements Amendment Act 2011 (Cth) introduces significant changes to the Veterans’ Entitlements Act 1986 (Cth) by establishing a new Part VIB, which provides for a prisoner of war recognition supplement. Section 115M of the Veterans’ Entitlements Act 1986 outlines the eligibility criteria for this supplement. Specifically, it applies to veterans and civilians who were interned by enemy military forces during World War II, specifically between 3 September 1939 and 11 May 1945 for European states, and between 7 December 1941 and 29 October 1945 for Japan, as well as those interned by North Korean forces between 27 June 1950 and 19 April 1956. Civilians must also have been domiciled in Australia prior to their internment. Section 115N stipulates that the supplement is payable automatically to eligible persons without the need for a claim, provided the Commission is satisfied of their eligibility on 20 September 2011. If the Commission is not satisfied, a claim must be made under the procedures determined by the Commission (section 115Q). The rate of the supplement is set at $500.00 per fortnight, as per section 115P, and is subject to annual adjustments in line with the Consumer Price Index (CPI).
- The Act imposes several obligations on the parties it governs. Under section 115N(3), the supplement is not payable to a person who had previously elected not to be covered by Part VIB and had not withdrawn that election. Moreover, section 115Q mandates that claims for the supplement must be made in accordance with the procedures determined by the Commission, which may be specified in writing. Dissatisfied claimants have the right to seek a review of the Commission’s decision by the Administrative Appeals Tribunal, as per section 115R(3).
- Breaches of the provisions within this Act may result in civil or criminal consequences. Although the Act does not explicitly state penalties for non-compliance, it does outline specific exemptions and interactions with other legislation. For example, the prisoner of war recognition supplement is exempt from income tax under the Income Tax Assessment Act 1997 (Cth), as per item 9 of the consequential amendments. Failure to adhere to the specific guidelines and requirements laid out in the Act could potentially lead to tax-related liabilities or other legal repercussions, depending on the nature of the breach. However, the Act itself does not detail specific penalties for non-compliance beyond these outlined interactions with other legislative frameworks.
- Area of Law
- Veterans’ Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Definitions & Interpretation
- Enforcement Powers
- Compensation
- Taxation Law