EXPLANATORY STATEMENT
Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Rate per Kilometre) Notice 2020 (Instrument 2020 No. M36)
EMPOWERING PROVISION
Subsection 16(6) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the DRCA).
PURPOSE
The proposed instrument (Instrument 2020 No. M36) specifies the rate per kilometre to be used for calculating the amount of compensation payable for travel to obtain medical treatment under subsection 16(6) of the DRCA.
Paragraph 16(6)(c) of the DRCA 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 subsection 16(6) of the DRCA. Subsection 16(6) of the DRCA provides compensation for reasonably incurred expenditure for a necessary journey to obtain medical treatment.
In determining the amount of compensation payable for a necessary journey, the Military Rehabilitation and Compensation Commission (MRCC) is to use the formula set out in paragraph 16(6)(c) — the length of the journey in kilometres multiplied by the rate specified by the Minister in this instrument.
One of the measures associated with the 2020-21 Budget refers to ‘Increased Support for Veterans Who Have to Travel for Treatment” with funding of $1.7 million being provided across the forward estimates. The measure provides for the rate of compensation payable for travel for treatment provided under the DRCA and the Military Rehabilitation and Compensation Act 2004 (MRCA) to increase from 60 cents per kilometre to 68 cents per kilometre to align with the rate payable under the Safety, Rehabilitation and Compensation Act 1988 (SRCA).
The instrument revokes and replaces the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Rate per Kilometre) Notice 2019 [F2019L00496] in force for the purposes of the DRCA.
The instrument will commence on 1 November 2020 to coincide with the commencement of the Military Rehabilitation and Compensation (Specified Rate per Kilometre) Determination 2020. This will ensure alignment of future sunset dates for this instrument and the equivalent instrument under the Military Rehabilitation and Compensation Act 2004 (MRCA).
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 implements a measure to increase the rate per kilometre of 60 cents to 68 cents.
The consultation process involved the Policy Development Branch who have responsibility for the implementation of the measure which also provides for a similar increase in the rate of reimbursement for travel for treatment specified in the equivalent instrument under the MRCA.
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
The Explanatory Statement of the equivalent SRCA instrument, the Safety, Rehabilitation and Compensation (Specified Rate per Kilometre) Instrument 2019 [F2019L01251] states that the Office of Best Practice Regulation was consulted regarding the preparation of that instrument and indicated that a Regulation Impact Statement was not required (OBPR ID: 23963).
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 members or former members of the Defence Force entitled to medical treatment under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 for making a journey to obtain that treatment.
Conclusion
The attached instrument supports provisions in the DRCA that are used for calculating compensation for reasonable travel to obtain treatment. This compensation is in addition to the compensation for the costs of treatment.
The instrument ensures an equitable amount of compensation is payable for travel expenses where a member or former member of the Defence Force who has coverage under the DRCA is required to travel to obtain treatment. 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 Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Rate per Kilometre) Notice 2020.
Section 2
This section provides that the instrument is to commence on 1 November 2020.
Section 3
This section sets out the primary legislation that authorises the making of the instrument, namely, subsection 16(6) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (the DRCA).
Section 4
This section repeals the Safety, Rehabilitation and Compensation (Defence-related Claims) (Specified Rate per Kilometre) Notice 2019 in force for the purposes of the DRCA.
The authority for this repeal provision is subsection 33(3) of the Acts Interpretation Act 1901.
Section 5
This section specifies the rate per kilometre for the purposes of the definition of specified rate per kilometre in paragraph 16(6)(c) of the DRCA. The specified rate is 68 cents.