EXPLANATORY NOTE FOR TABLING
INSTRUMENT No.5 of 1998
VETERANS' ENTITLEMENTS ACT 1986
Section 115B
The Minister for Veterans' Affairs has approved, under subsection 115B(3) of the
Veterans' Entitlements Act 1986 (the Act), the attached instrument, No.5 of 1998, to
vary the Veterans' Vocational Rehabilitation Scheme (the Scheme), as prepared by
the Repatriation Commission under subsection 115B(2) of the Act.
The Scheme assists specified classes of veterans to find employment and to continue
in employment. The Chairman of the Senate Standing Committee on Regulations and
Ordinances wrote to the Minister on 5 March 1998 about the Scheme, being
Instrument No.5 of 1997, made under the Act. The Committee noted that clause 4.5.2
of the Scheme gives the Secretary a discretion to determine whether or not a grant
under the Scheme has been applied for a proper purpose. It was concerned that:
- there did not appear to be any provision in the Act which allowed for review of any
decisions of the Secretary; and
- the Explanatory Statement appeared to the Committee to be misleading as it did
not explain that the reference to rights of review to decisions made under the
Scheme are those of the Commission only.
Chapter 5 of the Scheme deals with rights of review of decisions of the Commission.
To address the concerns raised by,the Senate Committee, the word "Secretary" has
been replaced with the word "Commission" in clause 4.5.2 of the Scheme as a result
of which any determination made under this clause will now be reviewable.
The Act requires the Repatriation Commission to consult with such organisations and
associations that represent the interests of the veteran community before making,
varying or revoking a Veterans' Vocational Rehabilitation Scheme.
Leading national ex-service organisation groups were consulted and have agreed to
the variation.
Overview
The Veterans' Entitlements Act 1986, enacted by the Parliament of Australia, was introduced to provide a range of benefits and services to veterans, their families, and their dependants. The Act aims to ensure that veterans receive the support they need, including vocational rehabilitation services, to help them find and maintain employment. The 1998 instrument, No.5, amends the Veterans' Vocational Rehabilitation Scheme within the Act to address concerns raised by the Senate Standing Committee on Regulations and Ordinances regarding the reviewability of decisions made under the Scheme. Specifically, the amendment replaces the term "Secretary" with "Commission" in clause 4.5.2, ensuring that any determinations regarding the proper application of grants under the Scheme are now reviewable, thereby aligning the Scheme with the Act's requirement for consultation with veteran community representatives.
Scope and Application
The Veterans' Entitlements Act 1986 applies to veterans who are in need of vocational rehabilitation and assistance in finding and maintaining employment. The Act facilitates the implementation of the Veterans' Vocational Rehabilitation Scheme, which is overseen by the Repatriation Commission. The Act's jurisdictional reach is national, applying across Australia as a Commonwealth Act. The Act mandates that the Repatriation Commission consults with representative organisations and associations of the veteran community before making, varying, or revoking the Scheme. The Scheme is designed to assist specified classes of veterans, providing them with the necessary support to secure and retain employment. The Act does not explicitly state any exclusions or exemptions, but the Scheme's provisions and the Commission's discretion in determining the proper application of grants imply that not all veterans or all types of employment assistance may qualify for support. The Act's application can be further detailed or restricted through subordinate instruments, which are subject to the approval of the Minister for Veterans' Affairs.
Key Provisions
The key provisions of the Veterans' Entitlements Act 1986, as varied by Instrument No.5 of 1998, focus primarily on the Veterans' Vocational Rehabilitation Scheme (the Scheme) which aims to assist specified classes of veterans in finding and maintaining employment. Section 115B(3) of the Act empowers the Minister for Veterans' Affairs to approve changes to the Scheme, as was done with the recent instrument. The primary requirement of the Scheme, as outlined in the instrument, is to provide vocational rehabilitation assistance to veterans (Section 115B(2)). The Scheme assists veterans by facilitating their employment prospects through various support mechanisms.
The Act imposes specific obligations on the Repatriation Commission, including the necessity to consult with organisations and associations representing the interests of the veteran community before making, varying, or revoking the Scheme (Section 115B(2)). This ensures that the Scheme remains aligned with the needs and interests of veterans. Additionally, the changes made to clause 4.5.2 of the Scheme, where the word "Secretary" was replaced with "Commission," ensure that any determination made under this clause is now reviewable, thereby addressing concerns raised by the Senate Standing Committee on Regulations and Ordinances.
Regarding consequences for breach, the Act does not specify particular offences or penalties within the text of the instrument itself. However, general legal principles and the broader framework of the Veterans' Entitlements Act 1986 would apply if any provisions were to be breached. The Act's provisions are designed to ensure that the Scheme operates fairly and effectively to support veterans, with the understanding that non-compliance with the Act could lead to administrative or legal repercussions. These could potentially include the nullification of any decision or determination made under the Scheme that is found to be in breach of the Act’s provisions.