EXPLANATORY STATEMENT
STATUTORY RULES NO. 83
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
REPATRIATION REGULATIONS (AMENDMENT)
Section 124 of the Repatriation Act 1920 (the Act), provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Act. Section 120F of the Act provides for the application of laws of a State or Territory to apply to, and in relation to, a person who is employed, or provides services, at a Repatriation hospital or institution. Section 120D of the Act provides for the establishment and administration of hospitals and other institutions. These provide services to eligible persons who include veterans, their dependants and members of the public.
The proposed regulations provide for the application, as prescribed in these Repatriation hospitals and institutions, of the following State laws requiring compulsory blood alcohol testing of motor accident victims admitted to public hospitals:
(a) South Australia: Road Traffic Act 1961 - 1982
(b) Victoria: Motor Car Act 1958
(c) New South Wales: Motor Traffic Act 1909
Details of the proposed regulations are set out below:
Regulation 1 provides for the regulations to come into operation on 1 July 1983;
Regulation 2 provides the citation of the principal regulations;
Regulation 3 amends the interpretation to provide for the existing schedule to the Regulations to be titled Schedule 1;
Regulation 4 provides for the inclusion of three new regulations, 173X - 173Z, that will provide for the inclusion of provisions requiring compulsory blood alcohol testing of motor accident victims;
Regulation 5, 6 and 7 provide amendments of a minor nature, consequential on the inclusion of these new provisions; and
Regulation 8 inserts a new Schedule 2 describing the relevant state laws.
Overview
The Repatriation Act 1920 was enacted to provide for the establishment and administration of hospitals and other institutions that offer services to eligible individuals, including veterans, their dependants, and the general public. This Act was introduced to address the need for comprehensive health care services for veterans and their families, aligning with the policy objectives of ensuring accessible and necessary medical care. The Repatriation Regulations (Amendment) Statutory Rules 2004, issued by the authority of the Minister of State for Veterans’ Affairs, aim to address a specific gap by aligning the mandatory blood alcohol testing requirements for motor accident victims admitted to public hospitals with the respective state laws of South Australia, Victoria, and New South Wales. These regulations, coming into operation on 1 July 1983, ensure consistency and compliance across different jurisdictions, facilitating the seamless application of state laws within repatriation hospitals and institutions.
Scope and Application
The Repatriation Regulations (Amendment) Statutory Rules No. 83, issued by authority of the Minister of State for Veterans' Affairs, extend the application of specific state laws concerning compulsory blood alcohol testing of motor accident victims to Repatriation hospitals and institutions. These amendments apply to the Repatriation Act 1920, which governs the establishment and administration of hospitals and other institutions providing services to eligible persons, including veterans, their dependants, and members of the public. The regulations amend the interpretation of the Act to incorporate new provisions that align with the compulsory blood alcohol testing requirements of the Road Traffic Act 1961 - 1982 of South Australia, the Motor Car Act 1958 of Victoria, and the Motor Traffic Act 1909 of New South Wales. These regulations will come into operation on 1 July 1983 and include amendments to the existing schedule, with new regulations 173X to 173Z detailing the compulsory blood alcohol testing requirements for motor accident victims admitted to Repatriation hospitals and institutions. The application of these state laws is facilitated through minor consequential amendments and the insertion of a new Schedule 2, which describes the relevant state laws to be applied within the Repatriation hospitals and institutions.
Key Provisions
The Repatriation Regulations (Amendment) 2004 introduce several key provisions to the existing Repatriation Regulations, primarily focused on the application of state laws concerning compulsory blood alcohol testing for motor accident victims admitted to Repatriation hospitals and institutions. Regulation 4, in particular, introduces three new regulations, numbered 173X to 173Z, which mandate that the compulsory blood alcohol testing requirements of state laws in South Australia, Victoria, and New South Wales must apply to Repatriation hospitals and institutions (Reg. 4). These regulations are designed to ensure that such hospitals and institutions comply with the state laws regarding the compulsory testing of blood alcohol levels in motor accident victims.
The obligations imposed by these regulations require that Repatriation hospitals and institutions must adhere to the compulsory blood alcohol testing provisions set forth in the Road Traffic Act 1961 - 1982 of South Australia, the Motor Car Act 1958 of Victoria, and the Motor Traffic Act 1909 of New South Wales. This means that these institutions must conduct blood alcohol tests on motor accident victims as per the respective state laws, ensuring consistency in the handling of such cases across different jurisdictions (Reg. 4). Furthermore, the regulations necessitate that the testing be conducted in a manner that aligns with the requirements and procedures stipulated in the respective state laws.
Violations of these regulations can result in various consequences depending on the nature and severity of the breach. While the specific offences and penalties are not detailed within the regulations themselves, it can be inferred that failure to comply with the compulsory blood alcohol testing requirements could lead to administrative or legal actions under the relevant state laws. For instance, in South Australia, Victoria, and New South Wales, penalties for non-compliance with blood alcohol testing laws may include fines or other sanctions as prescribed by the respective state legislation. Additionally, the Repatriation Regulations themselves might impose penalties for non-compliance, although the exact penalties are not specified within the explanatory statement provided.