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.
Overview
The Repatriation (Special Overseas Service) Regulations (Amendment) 2004 were issued under the authority of the Minister of State for Veterans' Affairs, amending the Repatriation (Special Overseas Service) Regulations 1962. These regulations were introduced to address a gap in the provision of medical treatment for veterans, particularly those who had served overseas, by extending eligibility for urgent treatment to country hospitals rather than limiting it to Repatriation hospitals in the state capital cities. The objective of this amendment was to align the provision of medical treatment with the government’s decision to support veterans more broadly across the country, ensuring that they have access to necessary healthcare services closer to home. The regulations were designed to be retrospective, taking effect from 9 February 1982, the date of the government’s decision, without adversely affecting the rights of individuals, thus complying with the provisions of the Acts Interpretation Act 1901.
Scope and Application
The Repatriation (Special Overseas Service) Regulations (Amendment) issued under the authority of the Minister of State for Veterans' Affairs, seeks to amend the existing regulations concerning the provision of medical treatment to veterans, particularly those who have served in special overseas service, such as Vietnam veterans. This amendment primarily targets veterans who require urgent treatment but are unable to access it in the designated Repatriation hospitals, which are limited to the six state capital cities. By removing the restriction that treatment can only be provided in these specific hospitals, the amendment facilitates access to treatment in country hospitals, thereby broadening the scope of available healthcare services for veterans. The amendment is designed to be retrospective, effective from 9 February 1982, the date when the decision to extend treatment access was made. This retrospective effect is justified as it does not prejudice the rights of any individual other than the Commonwealth, thereby complying with the provisions of subsection 48(2) of the Acts Interpretation Act 1901.
Key Provisions
The main operative sections of the Repatriation (Special Overseas Service) Regulations (Amendment) (No. 88) 2004 include the amendment to Regulation 32A, which addresses the provision of medical treatment to veterans. Originally, Regulation 32A allowed for such treatment only in specific Repatriation hospitals located in the capital cities of the six Australian states (Regulation 32A). This amendment removes the geographical limitation, thereby permitting veterans to receive treatment in country hospitals as well. This change is significant as it extends the scope of where veterans can obtain necessary medical care, which was previously restricted to urban Repatriation hospitals.
The amendment imposes certain obligations on both the veterans and the healthcare providers. For the veterans, the key obligation is to ensure that they seek treatment in accredited country hospitals that are capable of providing the necessary care. For the healthcare providers, the obligation is to offer the required medical treatment to veterans who qualify under the amended regulation. This includes ensuring that the treatment aligns with the standards set out in the Repatriation (Special Overseas Service) Act 1962 and the Repatriation Act 1920.
Failure to comply with the provisions of the amended regulation could lead to various consequences. While the explanatory statement does not explicitly detail penalties, breaches of regulations under the Repatriation Act 1920 and the Repatriation (Special Overseas Service) Act 1962 could potentially lead to civil or criminal penalties. These penalties may include fines or other sanctions as prescribed by law. However, the exact nature and extent of these penalties would depend on the specific circumstances of the breach and the provisions of the relevant Acts.