EXPLANATORY STATEMENT
Treatment Benefits (Special Access) Rules 2026
EMPOWERING PROVISION
This instrument is made under section 63 of the Treatment Benefits (Special Access) Act 2019.
PURPOSE
The purpose of this instrument is to remake the Treatment Benefits (Special Access) Rules 2019 to prescribe travelling expenses that are consistent with entitlements under the Military Rehabilitation and Compensation Act 2004, as amended by the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025.
CONSULTATION
The Department undertook extensive and sustained consultation regarding the Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS), including three rounds of public consultation on the simplification and harmonisation of veterans’ portfolio legislation. The outcome of this process revealed strong support from veterans and other stakeholders and informed the pathway to establish an improved MRCA as the sole, ongoing scheme for veterans’ compensation and rehabilitation from 1 July 2026. This included that travel entitlements for trips from 1 July 2026 onwards will change and all claims will be assessed under the improved Military Rehabilitation and Compensation Act 2004 (MRCA). These new regulations seek to mirror these changes to ensure all eligible persons within the veteran entitlement system benefit from the same compensation arrangements.
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.
These regulations engage and promote the right to an adequate standard of living in Article 11(1) and the right to the enjoyment of the highest attainable standard of physical and mental health in Article 12(1) of the International Covenant on Economic, Social and Cultural Rights. The regulations also engage and promote the rights of people with a disability under the Convention on the Rights of Persons with Disabilities.
It does this by providing for system of compensation for a veterans travel for treatment and associated accommodation. The regulations provide a fair and generous system for the payment of expenses when travel is undertaken to obtain treatment for an injury or disease, ensuring access to hospitals and other health facilities. The regulations also provide that accommodation costs will be paid where that accommodation is necessary for the person to obtain the treatment.
EXPLANATION OF PROVISIONS
Section 1 states the name of the instrument.
Section 2 provides that the instrument commences on 1 July 2026.
Section 3 specifies that the authority for the instrument is under section 63 of the Treatment Benefits (Special Access) Act 2019.
Section 4 sets out the definitions of ‘Act’, ‘attendant’, ‘residence’ and ‘travel’.
Section 5 provides that for the purposes of subsection 22(1) of the Act, travelling expenses for an eligible person are (a) costs in connection with the travel for obtaining treatment and (b) costs of accommodation in connection with the travel for obtaining treatment.
Section 6 sets out the conditions for payment of an eligible person’s travelling expenses. The section outlines the conditions that must be satisfied before the Commonwealth is liable to pay travelling expenses to an eligible person.
Subsection (2) deals with the cost of a person’s travel. It provides that the Commonwealth is liable to pay travelling expenses to the person for any reasonable costs incurred if the travel is necessary for the person to obtain treatment.
The effect of subparagraph (2)(b)(i) is that if the person travels by ambulance and the person’s injury or disease reasonably requires the person to use that service, the Commonwealth will cover the cost.
Subparagraph (2)(b)(ii) provides for travel by public transport. This subparagraph makes clear that the preferred mode of travel for treatment is by public transport. Subparagraph (2)(b)(iii) provides that any other mode of transport may be used if it is unreasonable for the person to use public transport.
Subsection (3) deals with the cost of an eligible person’s accommodation. It provides that the Commonwealth is liable to pay the cost of an eligible person's accommodation if it is for the necessary for the purpose of obtaining treatment, necessary for the person to remain at the place the travel was made for treatment and the costs incurred are in respect of the person’s accommodation.
Section 7 provides that for the purposes of subsection 22(1) of the Act, travelling expenses for an eligible person’s attendant are (a) costs in connection with the travel by the attendant for the purpose of the eligible person obtaining treatment and (b) the cost of accommodation in connection with travel by the attendant for the purpose of the eligible person obtaining treatment.
Section 8 sets out the conditions for payment of an attendant’s travelling expenses. This section mirrors the requirements in section 6 as they would apply to an attendant accompanying an eligible person on their travel for treatment. Subsection 8(2) deals with the cost of an attendant’s travel and subsection 8(3) deals with the cost of an attendant's accommodation.
Section 9 specifies the amount of travelling expenses determined by the Repatriation Commission that the Commonwealth is liable to pay under section 6 and 8 is that reasonably incurred in respect of the travel.
In deciding whether the amount is reasonable, the Repatriation Commission may use the formula specified in subsection (2), which is the specified rate per kilometre times the length of the journey in kilometres.
Subsection (3) sets out the definitions of ‘length of the journey in kilometres’ and ‘specified rate per kilometre’.
Section 10 provides that the amount of travel expenses for accommodation under subsection 6(3) and 8(3) that the Commonwealth is liable to pay is the amount reasonably incurred in respect of the accommodation.
Section 11 outlines the matters that the Repatriation Commission must have regard to when considering claims for travel and accommodation. These are:
- the places where appropriate treatment was available to the eligible person;
- the means of transport available to the eligible person for travel to those places for the treatment;
- the means of transport appropriate for the eligible person to take for the travel;
- the routes by which the eligible person could have travelled;
- the accommodation available to the eligible person at the place to which the travel was made;
- any other relevant matters.
Section 12 outlines the transitional arrangements in relation to the commencement of the instrument. It specifies that the date of travel must be on or after 1 July 2026 for this instrument to apply. Travel before 1 July 2026 should be calculated in accordance with Treatment Benefits (Special Access) Rules 2019.
Section 13 repeals the whole of the Treatment Benefits (Special Access) Rules 2019.
Collection, use and disclosure of personal information
As outlined above, all personal information is collected, used, and disclosed in accordance with the Privacy Act 1988. The collection, use and disclosure provisions are necessary, appropriate, and critical to facilitate the assessment of a person’s eligibility for travel compensation to be provided to a veteran under the Act.
Conclusion
This disallowable instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it enables access to transport compensation to attend treatment which will improve the standard of living of an eligible person. To the extent that it limits the right to privacy, those limitations are reasonable, necessary, and proportionate.
Making the instrument
The instrument is made by the Minister for Veterans’ Affairs.
Approved by
Minister for Veterans’ Affairs
Rule-maker