EXPLANATORY STATEMENT
Military Rehabilitation and Compensation (Specified Rate per Kilometre) Determination 2019 (Instrument 2019 No. M16)
EMPOWERING PROVISION
Section 293 of the Military Rehabilitation and Compensation Act 2004 (the MRCA).
PURPOSE
The attached instrument (Instrument 2019 No. M16) specifies the rate per kilometre to be used for calculating the amount of compensation payable for travel to obtain medical treatment under section 293 of the MRCA.
The instrument replaces the “Military Rehabilitation and Compensation Act –Determination of Rate per Kilometre” (Instrument No. M23 of 2008 made on 13 October 2008 by the then Minister for Veterans’ Affairs, Alan Griffin) (F2008 L03795) (the MRCA instrument) due to sunset (expire) on 1 April 2019.
The Department of Veterans’ Affairs has reviewed the MRCA instrument and found it is required to allow DVA clients to continue to claim compensation when accessing medical treatment. Accordingly, the instrument is being remade.
The attached instrument retains the current specified rate per kilometre of 60 cents.
Subsection 293(3) of the MRCA allows the Minister to determine, by legislative instrument, the rate per kilometre that will apply in respect of compensation for journeys for medical treatment under section 290 of the MRCA.
Section 290 of the MRCA provides for payment of a person’s reasonably incurred costs for a journey to obtain compensable treatment under the MRCA. The section also provides for payment of an attendant’s travel costs if approved by the Military Rehabilitation and Compensation Commission (the Commission).
In determining an amount payable for travel for medical treatment, the Commission may use the formula set out in subsection 293(2) – the length of the journey in kilometres multiplied by the rate specified by the Minister in this instrument.
This instrument will commence on 1 April 2019.
CONSULTATION
Section 17 of the Legislation Act 2003 requires the rule-maker to be satisfied that any consultation that is considered appropriate and reasonably practicable to undertake, has been undertaken.
No external consultation was considered necessary as the attached instrument retains the existing rate per kilometre of 60 cents. This ensures alignment with the rate of reimbursement for travel for treatment specified in the equivalent instrument under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the DRCA).
In these circumstances it is considered that the requirements of section 17 of the Legislation Act 2003 have been met.
RETROSPECTIVITY
None.
DOCUMENTS INCORPORATED BY REFERENCE
None.
REGULATORY IMPACT
None.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached legislative instrument is consistent with human rights, in particular the Rights of Persons with a Disability and the Right to Health.
The Rights of Persons with a Disability are set out in the Convention on the Rights of Persons with Disabilities. Article 26 requires countries to organise and strengthen rehabilitation programs for people with disability, particularly in health, employment, education and social services.
The Right to Health (contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights) is the right to the enjoyment of the highest attainable standard of physical and mental health. The UN Committee on Economic Social and Cultural Rights has stated that health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.
Overview
The purpose of this legislative instrument is to specify the rate per kilometre to be used for calculating the amount of travel expenses payable to persons covered by section 290 of the Military Rehabilitation and Compensation Act 2004 (the MRCA) for making a journey to obtain medical treatment.
The attached instrument supports provisions in the MRCA that are used for calculating compensation for reasonable travel expenses for a patient, and if approved, a person accompanying them on the journey to obtain treatment. This compensation is in addition to the compensation for the costs of treatment payable under the MRCA.
Conclusion
The instrument ensures an equitable amount of compensation is payable for travel expenses where former members, and certain current members, are required to travel for medical treatment for their compensable injuries. In this way, it can be said to be compatible with the Rights of Persons with Disabilities and the Right to Health.
Accordingly, the attached instrument is considered to be “human rights compatible”.
Darren Chester
Minister for Veterans’ Affairs
Rule-Maker
FURTHER EXPLANATION OF PROVISIONS
See: Attachment A
Attachment A
FURTHER EXPLANATION OF PROVISIONS
Section 1
This section provides that the name of the instrument is the Military Rehabilitation and Compensation (Specified Rate per Kilometre) Determination 2019.
Section 2
This section provides that the instrument is to commence on 1 April 2019.
Section 3
This section sets out the primary legislation that authorises the making of the instrument, namely, subsection 293(3) of the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Section 4
This section repeals the Military Rehabilitation and Compensation Act – Determination of Rate per Kilometre Instrument No. M23 of 2008, dated 13 October 2008 made by the then Minister for Veterans’ Affairs, Alan Griffin.
The authority for this repeal provision is subsection 33(3) of the Acts Interpretation Act 1901.
Section 5
This section determines the rate per kilometre for the purposes of the definition of specified rate per kilometre in subsection 293(3) of the MRCA. The rate determined by this instrument is 60 cents.