Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025

Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025

No. 76, 2025

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—Amendments

Part 1—Transitional powers of the Military Rehabilitation and Compensation Commission

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

Part 2—Continued effect of certain instruments

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

Part 3—Transitional arrangements for funeral benefits

Military Rehabilitation and Compensation Act 2004

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

Part 4—Transitional review arrangements for certain determinations and decisions

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

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

Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025

Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025

No. 76, 2025

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

[Assented to 4 December 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025.

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.

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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—Amendments

Part 1—Transitional powers of the Military Rehabilitation and Compensation Commission

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

1  At the end of Part 4

Add:

24A  Exercise of certain powers by Military Rehabilitation and Compensation Commission during transition period

 (1) For the purposes of the application of section 4 of the Acts Interpretation Act 1901 to a relevant instrument‑making power during the transition period:

 (a) the power may be exercised by the Military Rehabilitation and Compensation Commission as if it were a power conferred on that Commission by the MRCA; and

 (b) if, under the amended MRCA, the approval of the Minister is required to bring the instrument into effect—the Minister may approve the instrument as if it had been made by the new Repatriation Commission.

 (2) An instrument made by the Military Rehabilitation and Compensation Commission in reliance on this section and section 4 of the Acts Interpretation Act 1901 is, after the end of the transition period, taken to have been made (and may be dealt with as if it had been made) by the new Repatriation Commission.

 (3) The Military Rehabilitation and Compensation Commission may, by resolution, delegate a power that the Commission has under this section to a person if:

 (a) the Commission may, under section 384 of the MRCA, delegate to the person functions or powers under that Act; and

 (b) the person holds, or is acting in, a position that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 3.

 (4) In this section:

amended MRCA means the MRCA as in force immediately after the end of the transition period.

Military Rehabilitation and Compensation Commission means the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA, as in force during the transition period.

new Repatriation Commission means the Repatriation Commission continued in existence by section 360B of the amended MRCA after the end of the transition period.

relevant instrument‑making power means:

 (a) a power to make an instrument that will be conferred on the new Repatriation Commission under the following provisions of the amended MRCA:

 (i) subsection 6B(5) (British nuclear test defence service);

 (ii) subsection 27A(3) (presumption that certain injuries and diseases are attributable to defence service);

 (iii) subsection 67(1) (guide to determining impairment and compensation);

 (iv) subsection 80A(3) (whom additional amount is payable to);

 (v) subsection 212(1) (Motor Vehicle Compensation Scheme);

 (vi) subsection 258(1) (education scheme for certain eligible young persons and other children);

 (vii) subsection 268B(1) (acute support package);

 (viii) subsection 284A(1) (specified treatment for specified members and others);

 (ix) subsection 286(1) (determination for providing treatment or pharmaceutical benefits);

 (x) subsection 287A(2) (Coordinated Veterans’ Care mental health pilot);

 (xi) subsection 287B(2) (provision of services under the Veteran Suicide Prevention pilot);

 (xii) subsection 287C(2) (provision of counselling services and psychiatric assessment);

 (xiii) subsection 291A(1) (scheme may provide for advance payments);

 (xiv) section 424 (special assistance);

 (xv) subsection 424L(1) (multiple entitlement exclusions);

 (xvi) subsection 424M(1) (financial and legal advice); or

 (b) a power to vary or revoke an instrument mentioned in paragraph (a) that will be conferred on the new Repatriation Commission by the amended MRCA, or as a result of the operation of subsection 33(3) of the Acts Interpretation Act 1901.

transition period means the period starting on the day this section commences and ending on the day before the commencement of Schedule 4 to the Simplification Act.

Part 2—Continued effect of certain instruments

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

2  Section 90

Omit “is taken to have been made, on that date,”, substitute “has effect (and may be dealt with) on and after that date as if it were also made”.

3  After section 117

Insert:

117A  Bringing across certain instruments relating to treatment

  If:

 (a) before the date of commencement, an instrument was made under, or for the purposes of, a provision of the VEA mentioned in column 1 of an item of the following table; and

 (b) immediately before that date, the instrument is in force;

the instrument has effect (and may be dealt with) on and after that date as if it were also made under the provision of the MRCA mentioned in column 2 of the item.

Note: The instruments continue in force for the purposes of the VEA.

Part 3—Transitional arrangements for funeral benefits

Military Rehabilitation and Compensation Act 2004

4  Subsection 319(1) (note 2)

Repeal the note, substitute:

Note 2: If a claim or application that was made under the DRCA or the VEA in respect of an injury or disease, or in respect of a funeral, has been refused, a new claim may be made under this section in respect of the same injury or disease, or the same funeral, provided the new claim is supported by additional evidence (see subsections 322(5B) and (5D)).

5  After subsection 322(5B)

Insert:

 (5C) A claim for compensation under Part 5 of Chapter 5 in respect of a funeral must not be made under this Act if:

 (a) before the date of commencement, a claim or application was made under the DRCA or the VEA in respect of the same funeral; and

 (b) that claim or application has not yet been finally determined.

 (5D) If:

 (a) before the date of commencement, a claim or application was made under the DRCA or the VEA in respect of a funeral; and

 (b) that claim or application has been refused (whether before or after that date);

a subsequent claim for compensation under Part 5 of Chapter 5 of this Act in respect of the same funeral must be supported by additional evidence.

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

6  Subparagraph 12(7)(a)(i)

After “DRCA”, insert “, as in force before the date of commencement”.

7  At the end of paragraph 12(7)(b)

Add “, as in force before the date of commencement; or”.

8  At the end of subsection 12(7)

Add:

 (c) the person has received a funeral benefit in respect of the funeral under section 99 or 100 of the VEA, as in force before the date of commencement.

9  Subsection 88(3) (note)

Repeal the note, substitute:

Note 1: Under section 93 of this Act, certain pending claims made under the old DRCA are taken, on and after the date of commencement, to be claims for compensation made under section 319 of the MRCA.

Note 2: Under section 107 of this Act, certain provisions of the old DRCA continue to apply, on and after the date of commencement, in relation to pending claims for compensation under section 18 of the old DRCA.

10  Subsection 89(3) (note)

Repeal the note, substitute:

Note 1: Under sections 110 and 112 of this Act, certain pending claims and applications made under the old VEA are taken, on and after the date of commencement, to be claims for compensation made under section 319 of the MRCA or applications made under certain other provisions of the MRCA.

Note 2: Under section 106 of this Act, certain provisions of the old VEA continue to apply, on and after the date of commencement, in relation to pending applications for funeral benefits under sections 99 and 100 of the old VEA.

11  Subsection 106(2)

Repeal the subsection, substitute:

 (2) Despite the repeal of sections 99, 100 and 113, and the amendment of sections 111 and 115, of the old VEA by Division 1 of Part 1 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to the application.

12  Paragraph 107(1)(b)

Omit “application”, substitute “claim”.

13  Subsection 107(2)

Repeal the subsection, substitute:

 (2) Despite the repeal of section 18, and the amendment of sections 13, 17, 60 and 124, of the old DRCA by Division 1 of Part 1 of Schedule 2 to the Simplification Act, those provisions, as in force immediately before the date of commencement, continue to apply on and after that date in relation to the claim.

Part 4—Transitional review arrangements for certain determinations and decisions

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

14  Section 25

Insert:

old DRCA means the DRCA, as in force immediately before the review pathway commencement day.

15  Section 26

Before “Subject to”, insert “(1)”.

16  At the end of section 26

Add:

 (2) Subject to this Part, the MRCA, as in force immediately before the review pathway commencement day, continues to apply on and after that day in relation to an original determination that was made before that day.

Note: See section 37 of this Act for reviews by the Board that are pending immediately before the review pathway commencement day.

17  Section 27

Before “Subject to”, insert “(1)”.

18  At the end of section 27

Add:

 (2) Subject to this Part, the old DRCA continues to apply on and after the review pathway commencement day in relation to a determination that was made under the DRCA before that day.

Note: See Division 5 of this Part for other transitional provisions relating to the review of determinations made under the DRCA.

19  Section 28

Before “Subject to”, insert “(1)”.

20  At the end of section 28

Add:

 (2) Subject to this Part, the old VEA continues to apply on and after the review pathway commencement day in relation to a decision that was made under the VEA before that day.

Note: See section 37 of this Act for reviews by the Board that are pending immediately before the review pathway commencement day.

21  At the end of Part 5

Add:

Division 5—Transitional provisions relating to review of certain DRCA determinations

39A  Definitions

  In this Division:

amending Act means the Veterans’ Affairs Legislation Amendment (Miscellaneous Measures No. 1) Act 2025.

amending Act commencement day means the day on which Part 4 of Schedule 1 to the amending Act commences.

39B  Determinations under sections 36 and 37 of the DRCA

 (1) The amendments of the DRCA made by Part 4 of Schedule 1 to the amending Act apply in relation to a determination made under section 36 or 37 of the DRCA if:

 (a) the determination is made on or after the amending Act commencement day; or

 (b) both of the following apply:

 (i) the determination is made on or after the review pathway commencement day and before the amending Act commencement day;

 (ii) immediately before the amending Act commencement day, a request to review the determination has not been made under section 38 of the DRCA.

 (2) The DRCA, as in force immediately before the amending Act commencement day, continues to apply on and after that day in relation to a determination made under section 36 or 37 of the DRCA if:

 (a) the determination was made before the review pathway commencement day; or

 (b) both of the following apply:

 (i) the determination is made on or after the review pathway commencement day and before the amending Act commencement day;

 (ii) a request to review the determination is made under section 38 of the DRCA on or after the review pathway commencement day and before the amending Act commencement day.

39C  Validation of certain decisions made by the Board

  If:

 (a) a determination (the original determination) was made under the DRCA before the review pathway commencement day; and

 (b) on or after the review pathway commencement day, a decision (the reconsideration decision) was made under subsection 62(5) of the old DRCA affirming, revoking or varying the original determination; and

 (c) before the amending Act commencement day, the Board purported to review the reconsideration decision, and make a determination (the purported determination) on the review, as if it were reviewing a determination, reconsideration determination or reviewable decision under section 62 of the DRCA (as in force after the review pathway commencement day);

then:

 (d) the purported determination of the Board is taken for all purposes to be, and to have always been, as valid and effective as it would have been if, at the time it was made, section 62 of the DRCA provided that the Board had the power to review the reconsideration decision; and

 (e) on and after the amending Act commencement day, the DRCA applies to the purported determination of the Board as if it were a determination made by the Board on review under section 62 of the DRCA as in force immediately before the amending Act commencement day.

Note: Paragraph (e) means that the purported determination of the Board may be reviewed by the Administrative Review Tribunal under Part 5 of Chapter 8 of the MRCA.

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

22  Section 38

Repeal the section.

23  Section 60 (definition of reviewable decision)

Repeal the definition.

24  Subsection 62(3)

Omit “, a reconsideration determination and a reviewable decision”, substitute “and a reconsideration determination”.

25  Paragraphs 62(3)(a) and (b)

Omit “, reconsideration determination or reviewable decision”, substitute “or reconsideration determination”.

26  Subsection 62(3) (note)

Omit “, a reconsideration determination and a reviewable decision”, substitute “and a reconsideration determination”.

27  Subsection 62(4)

Omit “, reconsideration determination or reviewable decision”, substitute “or reconsideration determination”.

Veterans’ Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025

28  Item 173 of Schedule 1

Repeal the item.

29  Items 116 to 119 of Schedule 3

Repeal the items.

[Minister’s second reading speech made in—

House of Representatives on 29 October 2025

Senate on 27 November 2025]