EXPLANATORY NOTE FOR TABLING INSTRUMENT No.7 OF 1997 VETERANS' ENTITLEMENTS ACT 1986 SECTION29
REPLACEMENT OF THE GUIDE TO THE ASSESSMENT OF RATES OF VETERANS' PENSIONS (GARP) EDITION NO. 4 BY EDITION NO. 5
The Minister for Veterans' Affairs has approved, in accordance with subsection 29(3) of the Veterans' Entitlements Act 1986 (the Act) and with effect from 1 March 1998, the attached instruments:
• Instrument No.8 of 1997 that revokes the fourth edition of GARP, with effect from 1 March 1998; and
• Instrument No.9 of 1997 that is the fifth edition of GARP prepared by the Repatriation Commission under section 29 of the Act.
Background
Under Section 29 of the Veterans' Entitlement Act 1986, the Repatriation Commission prepares a document, known as the "Guide to the Assessment of Rates of Veterans' Pensions", that sets out criteria and methods for assessment of disability pensions.
New editions of this document are periodically prepared by the Repatriation Commission.
The development of this fifth edition of GARP commenced with the commitment given by the Repatriation Commission to the ex-service organisations to review GARP 4 after it had been in operation for twelve months. GARP 4 became operational on 4 July 1994.
This version of GARP will become binding on the Commission and all other determining bodies from 1 March 1998 for all decisions made on and from that date.
Consultation
GARP5 has been developed by the Repatriation Commission, in consultation with a GARP Consultative Committee. The Committee was chaired by former Commissioner Major-General Arthur Fittock. The ex-service community was represented on the Committee by the Australian Veterans' and Defence Services Council and the Returned and Services League of Australia. The GARP Consultative Committee has met twelve times since it was constituted in October 1995.
As well as the input provided by the members of the GARP Consultative Committee, input was sought from the major ex-service organisations at national and State levels. A draft ofGARP5 was distributed to the organisations on 31 July 1997.
After considering the responses received concerning the draft, the GARP Consultative Committee recommended appropriate changes and agreed to the final draft of GARP5 on 26 September 1997.
Summary of Changes
The main differences between GARP4 and GARP5 are that GARP5 has:
♦ a more logical, step-wise approach in each chapter to make the document more easily understood;
♦ an approach called "smoothing" has been adopted to avoid large changes in impairment ratings for conditions that deteriorate gradually;
♦ new impairment ratings of 2 points for diseases which are not negligible but would not be significant enough to attract a 5% impairment rating;
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♦ a new chapter (chapter 4) on assessment of psychiatric disabilities that will provide for more consistent assessments (this chapter has been developed in consultation with leading experts in the field);
♦ new formulae to facilitate easier conversion to computer based systems;
♦ a new improved method for assessment of those respiratory conditions that result in loss of function in the smaller airways (chapter 1)
♦ included a greater range of amputations for assessment (chapter 3);
♦ removed some ambiguities in the previous GARP relating to assessment of musculo-skeletal disorders (chapter 3); and
♦ corrected several anomalies and errors in the previous version.
Overview
The Veterans' Entitlements Act 1986, enacted by the Commonwealth Parliament, was established to ensure that Australian Defence Force members who have been injured, become ill, or have otherwise incurred loss or hardship as a result of their service are afforded appropriate recognition and compensation. The Act provides a comprehensive framework for the assessment and payment of pensions and other benefits to veterans and their dependants. In 1997, the Minister for Veterans' Affairs introduced amendments to the Act to update the "Guide to the Assessment of Rates of Veterans' Pensions" (GARP), the document used by the Repatriation Commission to determine the rates of veterans' pensions. This fifth edition of GARP was developed following consultations with the ex-service community and experts in the field to improve the consistency and accuracy of pension assessments. The policy objective of these changes was to enhance the fairness and efficiency of the pension assessment process for veterans.
Scope and Application
The Veterans' Entitlements Act 1986 applies to veterans and their dependants, governing the provision of pensions and other benefits for those who have served in the Australian Defence Force. This Act is administered by the Repatriation Commission, which is tasked with preparing the Guide to the Assessment of Rates of Veterans' Pensions (GARP). The fifth edition of GARP, which came into effect on 1 March 1998, provides criteria and methods for assessing disability pensions. This edition applies nationally, impacting all decisions made by the Commission and other determining bodies from the date of its implementation. The legislation mandates that the Repatriation Commission consult with relevant ex-service organisations, including the Australian Veterans' and Defence Services Council and the Returned and Services League of Australia, in the development of GARP. Exclusions and exemptions are not explicitly detailed in the text, but the scope of the Act is inherently tied to the specific provisions and criteria outlined in GARP, which are subject to periodic updates and amendments through subordinate instruments.
Key Provisions
The main operative sections of the legislation, as detailed in the Explanatory Note for Instrument No.7 of 1997, revolve around the replacement of the fourth edition of the Guide to the Assessment of Rates of Veterans' Pensions (GARP) with the fifth edition (section 29). The fourth edition of GARP, which was operational from 4 July 1994, is revoked by Instrument No.8 of 1997, effective from 1 March 1998. Concurrently, Instrument No.9 of 1997 introduces the fifth edition of GARP, which becomes binding on the Repatriation Commission and all other determining bodies for all decisions made from 1 March 1998 onwards.
This legislative change imposes several obligations on the Repatriation Commission and other determining bodies. Firstly, they must cease using the fourth edition of GARP for any assessment purposes starting from 1 March 1998. Secondly, they must adopt the fifth edition of GARP for all future assessments, ensuring consistency and accuracy in the evaluation of veterans' pensions. The Repatriation Commission must also ensure that all personnel are adequately trained on the new guidelines and procedures outlined in the fifth edition of GARP. This includes facilitating consultations with relevant ex-service organisations and incorporating their feedback to improve the assessment process.
Failure to comply with the provisions outlined in the legislation could lead to various civil or administrative consequences. For example, assessments that do not adhere to the new guidelines might be contested by veterans, leading to appeals and potential legal challenges. Additionally, any decisions made using the outdated fourth edition of GARP after 1 March 1998 could be deemed invalid, necessitating re-evaluations and potentially causing delays in the disbursement of pensions. The Minister for Veterans' Affairs has the authority to ensure compliance with these provisions, and any non-compliance could result in corrective actions, including re-training of staff or audits of assessment processes.