EXPLANATORY STATEMENT
Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2026
EMPOWERING PROVISION
The Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2026 (Regulations) are authorised by the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.
PURPOSE
The purpose of these Regulations is to remake the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2007 to prescribe travelling expenses that are consistent with entitlements under the Military Rehabilitation and Compensation Act 2004, as amended by the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act).
SUNSETTING
As a regulation made under the Australian Participants in British Nuclear Tests and British Commonwealth Force (Treatment) Act 2006, these Regulations are prescribed in item 9A(b) of the table in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 and are not subject to sunsetting pursuant to paragraph 54(2)(b) of the Legislation Act 2003.
The regulations apply only to a specific and limited number of civilians and former Australian Defence Force members that meet the definition of an ‘eligible person’ under the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006. This class of beneficiaries will continue to diminish with time and as such, the scheme established by the Act and its subordinate instruments apply only to a “closed class”. The regulations need to remain in force for as long as affected persons remain eligible for treatment and it is therefore appropriate that they are exempt from sunsetting.
CONSULTATION
The Department undertook extensive and sustained consultation regarding the VETS Act, including three rounds of public consultation on the simplification and harmonisation of veterans’ portfolio legislation. The outcome of this process revealed strong support from veterans and other stakeholders and informed the pathway to establish an improved MRCA as the sole, ongoing scheme for veterans’ compensation and rehabilitation from 1 July 2026. This included that travel entitlements for treatment from 1 July 2026 onwards will change and all claims will be assessed under the improved Military Rehabilitation and Compensation Act 2004 (MRCA). These new Regulations seek to mirror these changes to ensure all eligible persons within the veteran entitlement system benefit from the same compensation arrangements.
DOCUMENTS INCORPORATED-BY-REFERENCE
None.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
These Regulations engage and promote the following human rights:
- the right to an adequate standard of living in article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
- the right to the enjoyment of the highest attainable standard of physical and mental health in article 12(1) of the ICESCR.
- the rights of people with a disability under the Convention on the Rights of Persons with Disabilities.
It does this by providing for system of compensation for a veterans travel for treatment and associated accommodation (equivalent to a social security benefit). The Regulations provide a fair and generous system for the payment of expenses when travel is undertaken to obtain treatment for an injury or disease, ensuring access to hospitals and other health facilities. The Regulations also provide that accommodation costs will be paid where that accommodation is necessary for the person to obtain the treatment.
EXPLANATION OF PROVISIONS
Part 1 – Preliminary
Section 1 states the name of the Regulations.
Section 2 provides that the Regulations commence on 1 July 2026.
Section 3 specifies that the authority for the regulations is the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.
Section 4 provides that the Regulations specified in a schedule to the regulations are amended or repealed as outlined by the terms of the relevant schedule. Any other item in a schedule has effect according to its terms.
Section 5 sets out the definitions of ‘Act’ and ‘attendant’.
Part 2 – Travelling expenses
Section 6 provides that for the purposes of subsection 19(1) of the Act, travelling expenses for an eligible person are (a) costs in connection with the travel for obtaining treatment and (b) costs of accommodation in connection with the travel for obtaining treatment.
Section 7 sets out the conditions for payment of an eligible person’s travelling expenses. The section outlines the conditions that must be satisfied before the Commonwealth is liable to pay travelling expenses to an eligible person.
Subsection (2) deals with the cost of an eligible person’s travel. It provides that the Commonwealth is liable to pay travelling expenses to the eligible person for any reasonable costs incurred if the travel is necessary for the person to obtain treatment.
The effect of subparagraph (2)(b)(i) is that if the person travels by ambulance and the person’s injury or disease reasonably requires the person to use that service, the Commonwealth will cover the cost.
Subparagraph (2)(b)(ii) provides for travel by public transport. This subparagraph makes clear that the preferred mode of travel for treatment is by public transport. Subparagraph (2)(b)(iii) provides that any other mode of transport may be used if it is unreasonable for the person to use public transport.
Subsection (3) deals with the cost of an eligible person’s accommodation. It provides that the Commonwealth is liable to pay the cost of an eligible person's accommodation if it is for the necessary for the purpose of obtaining treatment, necessary for the person to remain at the place to which the travel was made to obtain the treatment and the costs incurred are in respect of the person’s accommodation at that place.
Section 8 provides that for the purposes of subsection 19(2) of the Act, travelling expenses for an eligible person’s attendant are (a) costs in connection with the travel by the attendant for the purpose of the eligible person obtaining treatment and (b) the cost of accommodation in connection with travel by the attendant for the purpose of the eligible person obtaining treatment.
Section 9 sets out the conditions for payment of an attendant’s travelling expenses. This section mirrors the requirements in section 7 as they would apply to an attendant accompanying an eligible person on their travel for treatment. Subsection 9(2) deals with the cost of an attendant’s travel and subsection 9(3) deals with the cost of an attendant's accommodation.
Section 10 specifies that the amount that the Commonwealth is liable to pay in relation to cost of travel under subsections 6(a) and 8(a) is that reasonably incurred in respect of the travel, as determined by the Repatriation Commission.
In deciding whether the amount is reasonable, the Commission may use the formula specified in subsection (2), which is the specified rate per kilometre times the length of the journey in kilometres. Subsection (3) clarifies that the Commission choose to use the formula for some costs of travel for some journeys and not for others.
Subsection (4) sets out the definitions of ‘length of the journey in kilometres’ and ‘specified rate per kilometre’.
Section 11 provides that the amount of travel expenses for accommodation under subsection 6(b) and 8(b) that the Commonwealth is liable to pay is the amount reasonably incurred in respect of the accommodation.
Section 12 outlines the matters that the Commission must have regard to when considering claims for travel and accommodation. These are:
- the places where appropriate treatment was available to the eligible person;
- the means of transport available to the eligible person for travel to those places for the treatment;
- the means of transport appropriate for the eligible person to take for the travel;
- the routes by which the eligible person could have travelled;
- the accommodation available to the eligible person at the place to which the travel was made;
- any other relevant matters.
Part 3 – Application saving and transitional provisions
Section 13 specifies the arrangements in place in relation to the commencement of this instrument. Specifically, subsection 13(1) specifies the date with which the instrument commences and subsection 13(2) specifies that despite the repeal of Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2007 those rules continue to apply on or after the date of commencement in relation to travel, and accommodation in connection with travel, if the travel starts before that date.
Schedule 1 – Repeals
Schedule 1 repeals the whole of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2007.