Veterans' Entitlements (Class of Debts Victorian Bushfires) Specification 2009 (Cth)
Veterans’ Entitlements (Class of Debts — Victorian Bushfires) Specification 2009
Instrument No. R49 /2009
I, ALAN GRIFFIN, Minister for Veterans’ Affairs, make this Specification under subparagraph 206(1)(b)(ii) of the Veterans’ Entitlements Act 1986.
Dated this 25th day of November 2009
Alan Griffin
……………………………………………………………………………………….
Alan Griffin
Name of Specification
This Specification is the Veterans’ Entitlements (Class of Debts – Victorian Bushfires) Specification 2009.
Commencement
This Specification commences or is taken to have commenced when the Social Security (Waiver of Debts – Victorian Bushfires)(FaHSCIA) Specification 2009 commences or commenced.
Note: “(FaHSCIA)”as misspelt appears in the instrument.
Interpretation
(1) In this Specification:
Act means the Veterans’ Entitlements Act 1986.
adversely affected by the bushfires in Victoria, for a person, means if, as a direct result of the bushfires:
(a) the person was seriously injured; or
(b) an affected family member of the person was killed; or
(c) the person’s principal place of residence was destroyed; or
(d) the person’s principal place of residence sustained major damage; or
(e) the person was unable to return to his or her principal place of residence for at least 24 hours; or
(f) a utility failure occurred in the person’s principal place of residence; or
(g) the person experienced psychological trauma.
affected family member, of a person, means an individual:
(a) who is the person’s partner; or
(b) who is the natural parent, adoptive parent or step‑parent of the person; or
(c) who is a legal guardian of the person, or was a legal guardian of the person when the person was under 18 years; or
(d) who is the natural child, adoptive child or step‑child of the person; or
(e) who is the brother, sister, stepbrother or stepsister of the person.
bushfire period means the period:
(a) beginning on 29 January 2009; and
(b) ending at the end of 29 April 2009.
Commission has the meaning it has in the Act.
destroyed, for a person’s principal place of residence, includes damage to the residence to the extent that it must be demolished.
major damage, for a person’s principal place of residence, means if:
(a) at least one quarter of the residence has been damaged; or
(b)the residence became structurally unsound, as supported by evidence.
partner means a person who is a member of a couple within the meaning of section 5E of the Act.
principal place of residence, for a person, means if:
(a) the person normally resides in the place; and
(b) the person has a right or licence entitling the person to reside in the place.
psychological trauma, for a person, means if:
(a) the person was in the immediate area of the bushfires in Victoria; and
(b) any of the following occurred:
(i) the person was an eyewitness to a person seriously injured during the bushfires;
(ii) the person was an eyewitness to the remains, body or bodies of a deceased person or persons killed as a result of the bushfires;
(iii) the person was separated for at least 24 hours from an affected family member who was in the immediate area of the bushfires;
(iv) the person’s life was under immediate threat;
(v) the person’s principal place of residence was under immediate threat;
(vi) business premises, or other real property, owned by the person, were under immediate threat.
seriously injured, for a person, means:
(a) the person sustained injury; and
(b) either the person was admitted, or required admittance, to hospital.
unable to return, for a person, in relation to the person’s principal place of residence, means if the person cannot return to the residence, as supported by evidence.
utility failure, in a residence, means if:
(a) there was a failure in the supply of electricity, water or gas to the residence for at least 48 hours; or
(b) the sewerage for the residence failed for at least 24 hours; or
(c) sewage contamination occurred in the residence.
Specification of class of debts
(1) For subparagraph 206(1)(b)(ii) of the Act, a debt is in a specified class if:
(a) it was incurred by a person for a period that occurred either wholly or partly during the bushfire period; and
(b) the person was adversely affected by the bushfires in Victoria during the bushfire period; and
(c) if the debt was incurred for a period occurring partly during the bushfire period — it is the part of the debt attributable to days occurring in the bushfire period.
Debts to which section 4 does not apply
(1) Section 4 does not apply to the following:
(a) a debt incurred by a person if the person knowingly made a false or misleading statement to the Commission or to a person who worked for the Commonwealth, or who knowingly provided false information to the Commission or to a person who worked for the Commonwealth, in relation to that debt;
(b) a debt incurred under Division 3 or 4 of Part IIIC of the Act.
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