Military Rehabilitation and Compensation Act Education and Training Scheme (Numbering/Double Orphan Amendments) Determination No. M4/2005

Administered by Department of Veterans' Affairs

Legislation au F2005L00805 Not in force Legislative Instrument

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 EXPLANATORY STATEMENT

 

Military Rehabilitation and Compensation Act Education and Training Scheme (Numbering/Double Orphan Amendments) Determination

 

2005 No.M4

 

Section 258 of the Military Rehabilitation and Compensation Act 2004

 

 

The Purpose and Operation of the Attached Instrument

 

To correct several numbering and formatting errors in the Contents Page, and in paragraphs 7.2-12 of the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (MRCAETS) and to remove a redundant reference in the MRCAETS  to the "double orphan rate".

 

Documents Incorporated by Reference

 

(i) The Military Rehabilitation and Compensation Act 2004.

(ii) The Military Rehabilitation and Compensation Act Education and Training Scheme 2004.

 

Document (i) is available on the COMLAW site: http://www.frli.gov.au/

Document (ii) is available on the Military Rehabilitation and Compensation Scheme site: www.mrcs.gov.au

 

Consultation

 

  • No consultation was undertaken in relation to the attached Instrument because the Rule-Maker (in this case the Minister for Veterans' Affairs taking into account the recommendation of the Branch Head, Legal Services Group, Department of Veterans' Affairs) did not consider that general consultation was appropriate because the amendments were minor and technical.

 

Retrospective Operation

 

None.  The attached Instrument commences after registration.

 

Further Details - See Attachment A

 

Attachment A

 

Paragraph [1] sets out the name of the Determination.

 

Paragraph [2] provides that the Determination commences after registration and paragraph [10] commences after paragraph [9] because paragraph [9] amends paragraph numbers and the amendment introduced by paragraph [10] needs to refer to the new numbering introduced by paragraph [9].

 

  Paragraph [2] also provides that paragraphs [14], [15] and [16] commence after paragraph [13] because paragraph [13] introduces changes to numbering and the provisions introduced by paragraphs [14], [15] and [16] refer to the new numbering as introduced by paragraph [13].

 

Paragraph [3] provides definitions for the purposes of the Determination.  In particular the term "Principal Determination" means the Military Rehabilitation and Compensation Act Education and Training Scheme 2004.

 

Paragraph [4] states that the Schedule to the Determination varies the Principal Determination.

 

Paragraph [5] re-arranges the references, in the Contents Page of the Principal Determination, to Parts 7 to 9 of the Principal Determination so that the references to the relevant Parts in the Contents Page match the Parts as they actually appear in the Principal Determination.  Previously the references to the relevant Parts in the Contents Page did not match the actual Parts of the Principal Instrument. 

 

 Paragraph 5 also amends the reference to Part 9 by omitting "Transitional Arrangements", because "Transitional Arrangements" now fall within new Part 10, and inserts references to new Parts viz Parts 10-12.

 

Paragraph [6] amends the reference to subparagraph 7.2.3 in recognition of the new numbering of the subparagraph ie. 7.1.3.

 

Paragraph [7] omits the reference to 'double orphan rate' in subparagraph 5.5.1 of the Principal Determination because it is redundant. 

 

 Subaragraph 5.5.1 purported to enable rent assistance to be granted to a student in receipt of an education allowance at the "double orphan rate".

 

 The reference to the "double orphan rate" appears in the Principal Determination because the Principal Determination was modelled on the Veterans' Children Education Scheme (VCES) made under section 117 of the Veterans' Entitlements Act 1986 but unlike the situation under the VECS, an education allowance at the "double orphan rate" is not payable under the Principal Determination because the concept of “double orphan” does not exist in the Military Rehabilitation and Compensation Act 2004.  Accordingly the reference to the "double orphan rate" has been omitted from the Principal Determination.

 

Paragraph [8] makes a more appropriate reference to Part 7.2 of the Principal Determination by making it Part 7 (there was no Part 7.1 and therefore the reference to Part 7.2 was erroneous).

 

Paragraphs [9]/[10] re-arrange paragraph numbers as a consequence of substituting Part 7 for Part 7.2 (see previous amendment).

 

Paragraph [11] alters the heading to Part 9 by omitting the reference to "Transitional Arrangements" because "Transitional Arrangements" will be the heading to the new Part 10.

 

Paragraphs [12]-[19] make paragraphs 10, 11 and 12 into, respectively, Parts 10, 11 and 12;

 

  alter the numbering of paragraphs 10.2-10.5 so as make the style of numbering consistent with the dominant style of numbering in the Principal Determination; and

 

 make consequential changes to various references to paragraph-numbers in the Principal Determination so as to reflect the changes in numbering to paragraphs 10.2 - 10.5.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 _________________________________________________________

Military Rehabilitation and Compensation Commission

 

Overview

The Military Rehabilitation and Compensation Act Education and Training Scheme (Numbering/Double Orphan Amendments) Determination 2005 No. M4 was enacted to correct minor technical errors and formatting inconsistencies within the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (MRCAETS). The primary objective of this legislation was to ensure that the numbering and references within the MRCAETS are accurate and consistent, thereby enhancing the clarity and usability of the scheme. The determination also sought to remove a redundant reference to the "double orphan rate," which is not applicable under the Military Rehabilitation and Compensation Act 2004. This was done to align the scheme with the current legal framework and avoid potential confusion. The determination was made by the Minister for Veterans' Affairs, taking into account the recommendation of the Branch Head, Legal Services Group, Department of Veterans' Affairs, without the need for general consultation due to the technical nature of the amendments. The amendments do not operate retrospectively and commenced after registration.

Scope and Application

The Military Rehabilitation and Compensation Act Education and Training Scheme (Numbering/Double Orphan Amendments) Determination 2005 No. M4 is a minor legislative instrument designed to correct numbering and formatting errors in the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (MRCAETS). This instrument applies to the MRCAETS and seeks to ensure that the numbering and structure of the scheme are accurately reflected throughout the document. It does not extend to any new conduct, entities, or transactions but instead clarifies and corrects existing provisions within the scheme. The amendments are technical in nature and do not impose any new obligations or alter the substantive rights and duties under the MRCAETS. The determination applies nationally as it is a Commonwealth instrument and operates to correct specific errors within the scheme itself. There are no stated exclusions or thresholds in this determination, and it does not extend or restrict the application of the MRCAETS through subordinate instruments. The determination commences after registration and has no retrospective effect.

Key Provisions

The Military Rehabilitation and Compensation Act Education and Training Scheme (Numbering/Double Orphan Amendments) Determination 2005 (No. M4) aims to address several technical and formatting errors in the Military Rehabilitation and Compensation Act Education and Training Scheme 2004 (MRCAETS) (s 258). Specifically, the Determination corrects errors in the Contents Page and in paragraphs 7.2 to 12 of the MRCAETS, and removes a redundant reference to the "double orphan rate" in subparagraph 5.5.1 (paras 5, 6, 7). These amendments are designed to ensure that the text of the MRCAETS is internally consistent and accurately reflects the current structure and provisions of the legislation. The Determination imposes certain obligations on the relevant parties to ensure the proper implementation of these technical amendments. For example, the Minister for Veterans' Affairs, who is the Rule-Maker, is required to ensure that the changes are accurately reflected in the MRCAETS (s 258). Additionally, any entities or individuals relying on the MRCAETS must take note of the amendments and ensure that their practices are consistent with the corrected text. There are no specific offences, penalties, or consequences for breaching this Determination, as it primarily involves technical and formatting corrections rather than substantive changes to the rights or obligations of the parties. However, failure to adhere to the corrected text could potentially lead to confusion or misinterpretation of the MRCAETS, which could have indirect consequences in the administration of the education and training scheme. Given that the amendments are purely technical and do not alter the substantive provisions of the MRCAETS, there are no specific maximum penalties outlined for non-compliance. Instead, any issues arising from non-compliance would likely be addressed through administrative or interpretative measures rather than formal penalties. The primary focus of the Determination is to ensure clarity and accuracy in the presentation of the MRCAETS, thereby facilitating better administration and compliance with the scheme.

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