Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023

Administered by Department of Veterans' Affairs

Legislation au C2023A00041 In force Act

Legislation content

 

 

 

 

 

 

Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023

 

No. 41, 2023

 

 

 

 

 

An Act to amend the law relating to veterans’ affairs and military rehabilitation and compensation, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Annual report of Repatriation Medical Authority

Veterans’ Entitlements Act 1986

Schedule 2—Consideration of claims

Military Rehabilitation and Compensation Act 2004

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

Schedule 3—Correction of references to the A New Tax System (Family Assistance) Act 1999

Veterans’ Entitlements Act 1986

Schedule 4—Defence Service Homes Insurance Scheme

Defence Service Homes Act 1918

Schedule 5—Rate of compensation for journey costs relating to treatment

Military Rehabilitation and Compensation Act 2004

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

 

 

Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023

No. 41, 2023

 

 

 

An Act to amend the law relating to veterans’ affairs and military rehabilitation and compensation, and for related purposes

[Assented to 28 June 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

29 June 2023

 

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Annual report of Repatriation Medical Authority

 

Veterans’ Entitlements Act 1986

1  At the end of Part XIA

Add:

Division 4—Annual report

196UA  Annual report

  The Repatriation Medical Authority must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Authority’s activities during the financial year.

Note: See also section 34C of the Acts Interpretation Act 1901, which contains extra rules about annual reports.

2  Application provision

The amendment made by this Schedule applies in relation to a financial year ending on or after the commencement of this item.

Schedule 2—Consideration of claims

 

Military Rehabilitation and Compensation Act 2004

1  Subsection 330(3)

Omit “refuse to deal with the claim”, substitute “defer further investigation of the claim”.

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

2  Subsection 58(3)

Omit “refuse to deal with the claim”, substitute “defer further consideration of the claim”.

Schedule 3—Correction of references to the A New Tax System (Family Assistance) Act 1999

 

Veterans’ Entitlements Act 1986

1  Paragraph 52ZZZF(1)(e)

Omit “clause 19”, substitute “clause 38N”.

2  Subsection 52ZZZG(2)

Omit “clause 19”, substitute “clause 38N”.

Schedule 4—Defence Service Homes Insurance Scheme

 

Defence Service Homes Act 1918

1  Subsections 38A(2) to (6)

Repeal the subsections, substitute:

Statement of Conditions

 (2) The Secretary must, in exercising the powers of the Commonwealth under this Part, comply with the Statement of Conditions determined in an instrument under this section, as the Statement of Conditions is in force from time to time.

 (3) The Minister may, by legislative instrument, determine the Statement of Conditions for the purposes of subsection (2).

Note: See subsection (6) for the content of the Statement of Conditions.

Revocation and replacement of Statement of Conditions

 (4) The Minister may, by legislative instrument, revoke the Statement of Conditions in force under this section. If the Minister does so, the Minister must, in that instrument, determine another Statement of Conditions for the purposes of subsection (2).

Note: See subsection (6) for the content of the Statement of Conditions.

Variation of Statement of Conditions

 (5) The Minister may, by legislative instrument, vary the Statement of Conditions in force under this section.

Content of Statement of Conditions

 (6) The Statement of Conditions under this section must deal with:

 (a) the risks against which the Commonwealth will undertake insurance under this Part; and

 (b) other terms and conditions relating to insurance undertaken by the Commonwealth under this Part.

This subsection does not limit the matters that may be dealt with by the Statement of Conditions.

No removal of right of person to receive payment

 (7) The Minister must not revoke or vary the Statement of Conditions so as to remove the right of a person to receive a payment to which the person had become entitled before the revocation or variation took effect.

2  Transitional provision

Despite the amendment made by this Schedule, the Defence Service Homes Insurance Scheme (Statement of Conditions) Variation 2019, as in force immediately before the commencement of this item, continues in force:

 (a) for the period beginning on the day this item commences and ending at the end of the day before the day the first instrument made under subsection 38A(3) of the Defence Service Homes Act 1918, as substituted by this Schedule, commences; and

 (b) during that period as if it were the Statement of Conditions referred to in subsection 38A(2) of that Act, as substituted by this Schedule.

Schedule 5—Rate of compensation for journey costs relating to treatment

 

Military Rehabilitation and Compensation Act 2004

1  Subsection 293(3) (definition of specified rate per kilometre)

Repeal the definition (including the note), substitute:

specified rate per kilometre means the rate per kilometre specified in an instrument under subsection 16(6) of the Safety, Rehabilitation and Compensation Act 1988 (as that instrument is in force from time to time).

Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988

2  Paragraph 16(6)(c) (definition of specified rate per kilometre)

Repeal the definition, substitute:

specified rate per kilometre means the rate per kilometre specified in an instrument under subsection 16(6) of the Safety, Rehabilitation and Compensation Act 1988 (as that instrument is in force from time to time).

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 22 March 2023

Senate on 30 March 2023]

 

 

(35/23)

 

Overview

The Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023, enacted by the Parliament of Australia and assented to on 28 June 2023, aims to amend various aspects of veterans' affairs, military rehabilitation, and compensation. This legislation addresses issues by introducing a range of measures that modify existing laws to improve the administration and effectiveness of support services for veterans. One of the key changes is the requirement for the Repatriation Medical Authority to submit an annual report to the Minister for presentation to Parliament, ensuring transparency and accountability in its activities. The Act also modifies the handling of claims by allowing the deferral of further investigation or consideration of certain claims rather than outright refusal, thereby providing a more flexible approach to claim management. Additionally, it updates references to ensure consistency with current tax laws and adjusts the compensation rates for journey costs related to treatment to reflect current economic conditions. The policy objective of the Act is to enhance the support mechanisms for veterans by ensuring that the legislative framework remains current and responsive to the needs of those who have served. By enacting these amendments, the Australian government aims to provide clearer guidelines, improve the efficiency of claim processing, and ensure that compensation and support services are delivered effectively and fairly. The Act represents a comprehensive effort to refine the legislative support system for veterans, ensuring that it continues to meet the evolving needs of this important community.

Scope and Application

The Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023 applies to various aspects of veterans' affairs and military rehabilitation and compensation, primarily amending existing legislation to introduce a range of measures. The Act impacts entities and individuals involved in veterans’ affairs, including the Repatriation Medical Authority, claimants, and the Department of Veterans' Affairs. It also affects the processes for considering claims under the Military Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. Geographically, the Act applies within the Commonwealth of Australia and affects all states and territories, ensuring a unified approach to veterans' affairs and military rehabilitation. The Act does not specify exclusions or exemptions but instead focuses on modifying existing provisions. The application of the Act extends through subordinate instruments, such as legislative instruments for varying or revoking the Statement of Conditions under the Defence Service Homes Act 1918, and instruments for specifying rates per kilometre under the Safety, Rehabilitation and Compensation Act 1988.

Key Provisions

The Veterans’ Affairs Legislation Amendment (Miscellaneous Measures) Act 2023 amends several pieces of legislation concerning veterans’ affairs and military rehabilitation and compensation. The Act introduces amendments primarily through five schedules. Schedule 1 requires the Repatriation Medical Authority to prepare an annual report on its activities, which must be presented to Parliament by the Minister (section 196UA, Veterans’ Entitlements Act 1986). Schedule 2 modifies the Military Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 to change the language from “refuse to deal with the claim” to “defer further investigation of the claim” and “defer further consideration of the claim,” respectively (subsections 330(3) and 58(3)). Schedule 3 updates references within the Veterans’ Entitlements Act 1986 to correct outdated references to the A New Tax System (Family Assistance) Act 1999. Schedule 4 revises the Defence Service Homes Act 1918 to specify that the Secretary must comply with a Statement of Conditions determined by the Minister for the Defence Service Homes Insurance Scheme (subsections 38A(2) to (6)). Finally, Schedule 5 updates the definitions of specified rates for journey costs relating to treatment within the Military Rehabilitation and Compensation Act 2004 and the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988. The Act imposes several obligations on parties and entities governed by the amended legislation. The Repatriation Medical Authority must prepare and present an annual report to Parliament, detailing its activities over the financial year (section 196UA, Veterans’ Entitlements Act 1986). The Minister is tasked with determining, revoking, or varying the Statement of Conditions for the Defence Service Homes Insurance Scheme and must ensure that these actions do not remove any pre-existing rights to compensation (subsections 38A(2) to (7), Defence Service Homes Act 1918). Furthermore, the Minister’s decisions regarding the specified rate per kilometre for journey costs related to treatment must be made through legislative instruments under the Safety, Rehabilitation and Compensation Act 1988 (subsections 293(3), Military Rehabilitation and Compensation Act 2004 and 16(6), Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988). Failure to comply with the requirements of this Act may result in various consequences. While the Act does not explicitly outline specific offences or penalties, breaches of the obligations imposed by the amended legislation may lead to administrative, civil, or criminal consequences depending on the nature and severity of the breach. For instance, non-compliance with the requirement to prepare and present an annual report could result in administrative penalties. Unauthorized changes to the Statement of Conditions that adversely affect an individual’s entitlement to compensation could potentially lead to civil litigation. Additionally, if the Act’s provisions are incorporated into other legislation that carries specific penalties for non-compliance, those penalties would apply accordingly. However, the exact nature and extent of any penalties are not detailed within the Act itself.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.