EXPLANATORY STATEMENT
Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (HomeFront - Frequency of Subsidy) Instrument 2009
EMPOWERING PROVISION
Section 16 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act).
PURPOSE
The attached Instrument (R47/2009) amends the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.
The Treatment Principles (the Principles) is a legislative instrument made under subsection 16(6) of the Act and sets out the circumstances in which the Repatriation Commission (Commission) may accept financial liability for treatment, for neoplasia, provided to Australian participants in British nuclear tests (entitled persons).
The attached Instrument amended the Principles to alter HomeFront subsidies to one per 12 month period rather than one per calendar year as was formerly the case.
The HomeFront Program operates under paragraph 11.9 of the
Principles. The Program provides for small grants to be made to entitled persons eligible for treatment under the Act who live at home to enable them to purchase items that will facilitate their physical safety around the home e.g. bathroom grab-rails and non-slip strips for steps. Under the instrument financial assistance to a maximum amount of $200 is available per 12 month period towards the cost of minor home modifications that reduce the risk of falls and accidents.
Prior to the attached Instrument a subsidy could be paid only once in a calendar year. Unfortunately this formula provided scope for an assessor, towards the end of a calendar year, to recommend that an entitled person only required say, one handrail, when in fact the person required two, resulting in the payment of a $200 subsidy, but at the commencement of the next calendar year, the assessor would recommend the entitled person required the other handrail, resulting in the payment of another $200 subsidy.
If the entitled person had received both handrails at the same time, the subsidy would have been limited to $200 instead of $400.
By permitting the subsidy only once in a 12 month period, instead of once in a calendar year, “year straddling” will not occur and this could deter assessors from making split-assessments which unnecessarily resulted in payment of a double subsidy, because the entitled person would need to wait longer for the next assessment i.e. 12 months.
RETROSPECTIVITY
None.
CONSULTATION
Yes. The Ex - Service Organisations Round Table was consulted on the proposal and the outcome was favourable.
DOCUMENTS INCORPORATED - BY - REFERENCE
No.
FURTHER EXPLANATION
Attachment A
Attachment A
Items
Paragraph [1] sets out the name of the Instrument.
Paragraph [2] provides that the Instrument commences on the 29th day from and including the day after the day it is registered on the Federal Register of Legislative Instruments. This allows for a period of notice to entitled persons and other relevant parties under the HomeFront Program.
Schedule
Item 1 omits paragraph 11.9.1 and substitutes a new paragraph 11.9.1 and inserts new paragraphs 11.9.1A and 11.9.1B.
Paragraph 11.9.1
New paragraph 11.9.1 is the same as the former provision except that the relevant period is 12 months and not a calendar year. The provision will enable the Commission to assist in providing aids and appliances for accident prevention and personal safety for an entitled person and will limit financial assistance to once in any period of 12 months.
Paragraph 11.9.1A
New paragraph 11.9.1A specifies that a period of 12 months commences on the date that the Commission approves financial assistance for an aid or appliance and that the Commission will not approve financial assistance if a period of 12 months has not elapsed from and including the date of any previous approval.
Paragraph 11.9.1B
New paragraph 11.9.1B covers the situation where the Commission approved financial assistance prior to the commencement of this Instrument and on the commencement date of the Instrument a period of 12 months had not expired from and including the date of approval. In this situation, new paragraph 11.9.1B provides that the approval is taken to have been granted under this Instrument and the period of 12 months commences on the date of the previous approval.
Overview
The Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (HomeFront - Frequency of Subsidy) Instrument 2009 (F2009L03959) amends the Treatment Principles (the Principles) established under the Australian Participants in British Nuclear Tests (Treatment) Act 2006. The Act was enacted to address the need for medical and financial support for Australian participants in British nuclear tests who suffered adverse health effects. The Instrument aims to modify the HomeFront Program, which provides financial assistance for minor home modifications to prevent accidents and improve safety for entitled persons. Specifically, the Instrument changes the frequency of subsidies from once per calendar year to once per 12-month period, thereby preventing the scenario where an entitled person might receive multiple subsidies in a single calendar year for separate but related needs. This amendment was made to ensure that financial assistance is more appropriately allocated and to avoid unnecessary duplication of subsidies. The change was supported by consultation with the Ex-Service Organisations Round Table, and the Instrument does not have retrospective effect.
Scope and Application
The Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (HomeFront - Frequency of Subsidy) Instrument 2009 applies to the Treatment Principles set out in the Australian Participants in British Nuclear Tests (Treatment) Act 2006, affecting Australian participants in British nuclear tests who are entitled to certain benefits under the Act. The Instrument specifically modifies the HomeFront Program, which provides financial assistance for minor home modifications to ensure the physical safety of these entitled persons living at home. The Instrument's amendments pertain to the frequency of subsidies, allowing for a single subsidy per 12-month period rather than once per calendar year, thereby preventing the "year straddling" issue that could result in double subsidies being paid. The Instrument has a national jurisdictional reach, applying across Australia, and does not introduce any new exclusions or exemptions beyond those already specified in the Act. The changes do not have retrospective effect, and the Ex-Service Organisations Round Table was consulted, with the outcome being favourable. The Instrument comes into effect 29 days after registration on the Federal Register of Legislative Instruments, providing adequate notice to entitled persons and other stakeholders.
Key Provisions
The Treatment Principles (Australian Participants in British Nuclear Tests) 2006 Instrument 2009 amends the existing Treatment Principles to alter the frequency of HomeFront subsidies for Australian participants in British nuclear tests. Under the new provisions, financial assistance for minor home modifications to reduce the risk of falls and accidents is limited to one per 12-month period, rather than one per calendar year as was formerly the case (Item 1, paragraph 11.9.1). This change is intended to prevent "year straddling," where an assessor might split an assessment over two years to receive double subsidies for the same modifications. The 12-month period commences on the date that the Repatriation Commission approves financial assistance for an aid or appliance (Item 1, paragraph 11.9.1A). If financial assistance was approved before the commencement of this Instrument and the 12-month period had not elapsed, the approval is taken to have been granted under this Instrument, and the 12-month period commences on the date of the previous approval (Item 1, paragraph 11.9.1B).
The Instrument imposes specific obligations on the Repatriation Commission to ensure compliance with the new subsidy provisions. The Commission must approve financial assistance for an aid or appliance only if a period of 12 months has elapsed from and including the date of any previous approval (Item 1, paragraph 11.9.1A). This restriction aims to prevent assessors from making split-assessments that could result in double subsidies for the same modifications. Additionally, the Instrument requires the Commission to take into account the new 12-month period when assessing applications for financial assistance, ensuring that any previous approvals are integrated under the new framework (Item 1, paragraph 11.9.1B).
While the Instrument does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance, the failure to adhere to the new 12-month period for approving financial assistance could result in invalid assessments and improper distribution of subsidies. Such non-compliance could potentially lead to financial discrepancies and legal challenges, as the Repatriation Commission is mandated to follow the legislative requirements strictly. The implications of non-compliance may include the need to rectify past approvals and the potential for legal action by affected entitled persons.