EXPLANATORY STATEMENT
STATUTORY RULES NO. 88
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
REPATRIATION (SPECIAL OVERSEAS SERVICE) REGULATIONS (AMENDMENT)
Under section 14 of the Repatriation (Special Overseas Service) Act 1962 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 carrying out or giving effect to the Act.
Regulation 32A of the Repatriation (Special Overseas Service) Regulations provides for medical treatment to a veteran in respect of any incapacity or disability that he is not otherwise eligible for under the Regulations. However, under the terms of that regulation such treatment may only be provided in Repatriation hospitals or institutions referred to in section 120D of the Repatriation Act 1920. These hospitals are situated in the 6 State capital cities.
The proposed regulations are to give effect to the Government’s decision to extend to veterans who have had special overseas service, commonly referred to as Vietnam veterans, urgent treatment in country hospitals.
The proposed amendment of regulation 32A, by removing the limitation, will make it possible for a veteran to obtain treatment in a country hospital. This gives effect to the Government’s decision.
It is proposed that the regulations be deemed to have come into operation on 9 February 1982, the date of the Government’s decision. Retrospective operation of the proposed regulations would not prejudice the rights of any person, other than the Commonwealth, and it is not therefore prohibited by sub-section 48(2) of the Acts Interpretation Act 1901.