EXPLANATORY STATEMENT
Veterans’ Affairs (Australian Participants in British Nuclear Tests (Treatment) – Claims, Applications and Lodgements Procedures) Determination 2006
EMPOWERING PROVISION
Section 6 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act).
PURPOSE
The purpose of the attached Instrument is to set out the procedures for making claims and applications, or lodging documents, under the Act where the Act specifies that such claims, applications or documents are to be made or given, as the case may be, in accordance with section 6 of the Act.
The procedures in the Instrument are:
- claims, applications and other documents (hereinafter all these matters are referred to as claims) are to be in writing and are taken to be made when lodged at an office of the Department of Veterans’ Affairs in Australia.
- subsection 5T(2) of the Veterans’ Entitlements Act 1986 applies to the making of claims as if the claims were made under that Act. This provision applies to claims made other than electronically and, among other things, specifies that a claim is taken to have been made on the day on which it is received at an office of the Department of Veterans’ Affairs in Australia.
- a claim for establishing eligibility for treatment must be in the form approved by the Secretary of the Department of Veterans’ Affairs.
- a claim for travelling expenses incurred while travelling for treatment must be in the form approved by the Secretary of the Department of Veterans’ Affairs.
- a request for a review of a decision made by the Repatriation Commission under the Act in respect of:
(i) a claim for establishing eligibility for treatment; or
(ii) the revocation by the Repatriation Commission of a determination establishing eligibility for treatment; or
(iii) a claim for travelling expenses;
must contain details of the person (or of the person’s agent) making the request (name/address), and of the decision sought to be reviewed and of the ground for review.
- notices withdrawing claims must contain details of the person (or of the person’s agent) giving the notice (name/address) and of the claim being withdrawn.
- claims may be made on behalf of a person (claimant) by a person approved by the claimant or by the Repatriation Commission.
- where a claimant lodges an incorrect form and then lodges the correct form, without being asked to do so by the Department of Veterans’ Affairs (the Department) or lodges the correct form within three months of being notified by the Department of the need for the correct form, the Repatriation Commission may treat the date on which the incorrect form was lodged as the date on which the claim was received at an office of the Department.
RETROSPECTIVITY
None. The Instrument commences on the day after registration on the Federal Register of Legislative Instruments.
CONSULTATION
The Rule-Maker (Secretary of the Department of Veterans’ Affairs) considered that the only consultation that was appropriate in respect of the attached Instrument was consultation between the Department of Veterans’ Affairs and the Office of Legislative Drafting and Publishing.
The Secretary decided that consultation with clients was not necessary because the Instrument largely replicated provisions in the Veterans’ Entitlements Act 1986 and in any event it needed to be made relatively quickly in order to enable the relevant clients to obtain the relevant treatment.