Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1)

Administered by Department of Veterans' Affairs

Legislation au F2012L01278 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2012 No. 102

Issued by the Authority of the Minister for Veterans' Affairs

 

Australian Participants in British Nuclear Tests (Treatment) Act 2006

 

Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1)

 

Section 50 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Regulation amends the Australian Participants in British Nuclear Tests (Treatment) Regulations 2007 (the Principal Regulations) to remove the requirement for treatment practitioners to endorse an entitled person’s (Australian participant in British nuclear tests) application for reimbursement of travel expenses. 

The endorsement is confirmation that the treatment the person received met the person’s health care needs and that the treatment location was as close as practical to the entitled person’s residence.

The requirement is being removed in order to facilitate the electronic lodgement of applications for reimbursement of travel expenses. 

The Regulation also amends the Principal Regulations to remove the requirement for applicants for reimbursement of travel expenses to produce proof of expenditure on commercial or subsidised accommodation used in the course of the person’s travel for treatment. 

If the Department of Veterans Affairs (the agency that administers the Principal Regulations) requires proof of expenditure on commercial or subsidised accommodation it will seek that proof by other means.

Details of the Regulation are set out in the Attachment.

The Regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.

Consultation

No direct consultation with interested parties but the Department of Veterans’ Affairs  received client-feedback in relation to the proposal to remove the need for treatment practitioner endorsement of travel claims.  The Regulation benefits the interested parties in question and it is reasonable to assume they would agree with it.  Accordingly no direct consultation was considered necessary.

 

 

 

 

Human rights implications

 

The Regulation does engage an applicable right or freedom.  It relates to the right to social security.  The right to social security requires, among other things, the right to a minimum essential level of benefits for all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuffs, and the most basic forms of education.

 

The Principal Regulations enable entitled persons to be reimbursed their travel expenses where they travel for treatment (principal benefit).  The Regulation enhances the principal benefit because it could make treatment more accessible for the category of person in question.

 

This enhancement of the principal benefit would be in accordance with Australia’s social security obligations under the International Covenant on Economic, Social and Cultural Rights.

The UN Committee on Economic Social and Cultural Rights has stated that qualifying conditions for benefits must be reasonable, proportionate and transparent.

 

The Regulation satisfies these criteria.  It would make it easier for entitled persons to claim reimbursement for the cost of travelling for treatment which could make treatment for these categories of people more accessible.

 

Conclusion

 

The Regulation is compatible with human rights because it complements the right to social security (health care).

Warren Snowdon

Minister for Veterans’ Affairs

Rule-Maker

 


        ATTACHMENT

 

Details of the Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1).

Section 1 - Name of Regulation

 

This section provides that the title of the Regulation is the Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1).

Section 2 - Commencement

This section provides for the Regulation to commence on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3 – Amendment of the Principal Regulations

This section provides that the Principal Regulations are amended by the Schedule to the Regulation.

Schedule - Amendments

 

Item [1] – subregulation 6(1)

 

This item is a drafting-type amendment as a result of the revocation of subregulation 6(2).

 

Item [2] – paragraphs 6(1)(a) and (b)

 

This item omitted paragraphs 6(1) (a) and (b) and substituted paragraph 6(1)(a). 

Former paragraphs 6(1)(a) and (b) contained a superfluous reference to “endorsed for treatment” as treatment practitioners would no longer be required to endorse applications for reimbursement of travel expenses.

 

The new paragraph applies to travel for treatment where the distance for the travel is more than 50 km.  The effect of this amendment, in conjunction with other regulations in the Principal Regulations, would mean that the relevant distance for travel (in respect of which travel expenses are reimbursable) is, if the distance from the residence of the entitled person to a treatment location is more than 50 km, the greater of:

 

  • the distance determined by the Repatriation Commission to be the distance between the eligible person’s residence and the closest practical treatment location; and
  • 50 km.

Item [3] – paragraph 6(1)(c)

This item is a drafting-type amendment as a result of the revocation of paragraph 6(1)(a).

Item [4] – subregulation 6(2)

 

This item omitted subregulation 6(2).  Subregulation 6(2) defined “endorsed for treatment” for the purposes of subregulation 6(1) but because treatment practitioners are no longer required to endorse applications for reimbursement of travel expenses, the definition is not required.

Item [5] – subregulation 8(1)

This item is a drafting-type amendment as a result of the revocation of subregulation 8(3) by Item [6].

Item [6] – subregulation 8 (3)

This item omitted subregulation 8(3).  Subregulation 8(3) required an eligible person to produce evidence of expenditure on commercial or subsidised accommodation if the person’s accommodation costs were to be reimbursed. 

Item [7] – subregulation 8(4)

This item is a drafting-type amendment as a result of the revocation of subregulation 8(3) by Item [6].

Item [8] – Further amendments

This item is a drafting-type amendment as a result of the revocation of subregulation 8(3) by Item [6] and the renumbering of subregulation 8(4) as 8(3) by Item [7].

 

 

 

Overview

The Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1) was introduced to streamline the administration of the Australian Participants in British Nuclear Tests (Treatment) Act 2006. Enacted by the Minister for Veterans' Affairs, this regulation aims to facilitate the electronic lodgement of applications for reimbursement of travel expenses for Australian participants in British nuclear tests by removing the requirement for treatment practitioners to endorse these applications. Additionally, the regulation eliminates the need for applicants to provide proof of expenditure on commercial or subsidised accommodation used during their travel for treatment, shifting the responsibility of verifying such expenditures to the Department of Veterans' Affairs if necessary. This regulatory amendment responds to feedback from interested parties, enhancing accessibility to treatment and aligning with Australia's obligations under the International Covenant on Economic, Social and Cultural Rights by ensuring qualifying conditions for benefits are reasonable, proportionate, and transparent.

Scope and Application

The Australian Participants in British Nuclear Tests (Treatment) Act 2006 applies to Australian participants who were involved in British nuclear tests and their descendants, providing them with access to specific health care services and treatment reimbursements. This Act operates within the Commonwealth jurisdiction and extends to cover individuals and their descendants who have been adversely affected by their involvement in British nuclear tests conducted in Australia or elsewhere. The Act ensures these participants receive appropriate treatment and reimbursements for travel expenses related to accessing necessary health services. The Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1) further refines the application of the Act by modifying the regulations governing reimbursement processes. This includes removing the necessity for treatment practitioners to endorse applications for reimbursement of travel expenses, thereby facilitating the electronic submission of such claims. Additionally, the regulation eliminates the requirement for applicants to provide proof of expenditure on commercial or subsidised accommodation during travel for treatment, although the Department of Veterans Affairs retains the right to request such proof if needed. These amendments aim to streamline the reimbursement process, making it more accessible for entitled individuals.

Key Provisions

The Australian Participants in British Nuclear Tests (Treatment) Amendment Regulation 2012 (No. 1) amends the Australian Participants in British Nuclear Tests (Treatment) Regulations 2007, primarily by removing certain requirements for the reimbursement of travel expenses for Australian participants in British nuclear tests who travel for treatment. Under the amended regulation, treatment practitioners are no longer required to endorse an entitled person's application for reimbursement of travel expenses (Schedule, Item [4]). This endorsement was previously needed to confirm that the treatment received met the person's health care needs and that the treatment location was as close as practical to the person's residence. Furthermore, applicants are no longer required to produce proof of expenditure on commercial or subsidised accommodation used during their travel for treatment (Schedule, Item [6]). The regulation seeks to streamline the process of electronic lodgement of reimbursement applications. The obligations and requirements imposed by the amended regulation primarily focus on facilitating the reimbursement process for travel expenses incurred by Australian participants in British nuclear tests when travelling for treatment. The removal of the need for treatment practitioner endorsement and proof of accommodation expenditure aims to simplify the application process and reduce administrative burdens. These amendments are intended to enhance the accessibility of treatment for affected individuals by making the reimbursement process more straightforward. In terms of compliance, the regulation does not introduce any new offences or penalties for breach. However, it is important for the Department of Veterans' Affairs and treatment practitioners to adhere to the changes introduced by the regulation to ensure smooth and effective processing of reimbursement applications. Failure to comply with the new requirements could potentially lead to delays or denial of reimbursement claims. While specific penalties for non-compliance are not detailed in the regulation, any breach of the requirements under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 could result in civil or administrative consequences as per the provisions of the Act. The regulation engages with the right to social security, as it pertains to the right to a minimum essential level of benefits for all individuals and families, enabling them to acquire essential health care, among other things. By making it easier for entitled persons to claim reimbursement for travel expenses related to treatment, the regulation enhances the principal benefit of enabling access to necessary medical care, in line with Australia's social security obligations under the International Covenant on Economic, Social and Cultural Rights. The changes introduced by the regulation are considered reasonable, proportionate, and transparent, as they aim to facilitate access to treatment for Australian participants in British nuclear tests.

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Area of Law
Veterans' Affairs
Instrument
Regulation
Concepts
Regulatory Standards
Licensing & Registration
Compliance Obligations
Catchwords
Reimbursement of travel expenses

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.