Veterans’ Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019

Administered by Department of Veterans' Affairs

Legislation au C2019A00075 In force Act

Legislation content

 

 

 

 

 

 

Veterans’ Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019

 

No. 75, 2019

 

 

 

 

 

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

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Extended eligibility for partner service pension

Veterans’ Entitlements Act 1986

Schedule 2—Extended service on submarine special operations

Veterans’ Entitlements Act 1986

Schedule 3—Other amendments

Defence Service Homes Act 1918

Veterans’ Entitlements Act 1986

 

 

 

Veterans’ Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019

No. 75, 2019

 

 

 

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

[Assented to 20 September 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Veterans’ Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019.

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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

20 September 2019

2.  Schedule 1

20 September 2019.

20 September 2019

3.  Schedule 2

1 July 2019.

1 July 2019

4.  Schedule 3

The day after this Act receives the Royal Assent.

21 September 2019

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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

 

Veterans’ Entitlements Act 1986

1  Paragraph 38(1)(b)

After “is a person”, insert “in relation to whom the following apply”.

2  Subparagraph 38(1)(b)(i)

Repeal the subparagraph, substitute:

 (i) subsection (1AA) applies to the person;

3  Subparagraph 38(1)(b)(ii)

Omit “whose non‑illness separated spouse”, substitute “the veteran”.

4  Paragraph 38(1)(c)

After “is a person”, insert “in relation to whom the following apply”.

5  Subparagraph 38(1)(c)(i)

Repeal the subparagraph, substitute:

 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB));

6  Subparagraph 38(1)(c)(ia)

Omit “whose partner or non‑illness separated spouse”, substitute “the veteran”.

7  Subparagraph 38(1)(c)(ia)

Omit “and”.

8  Subparagraph 38(1)(c)(ii)

Omit “who”, substitute “the person”.

9  Paragraph 38(1)(d)

After “is a person”, insert “in relation to whom the following apply”.

10  Subparagraph 38(1)(d)(i)

Repeal the subparagraph, substitute:

 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB));

11  Subparagraph 38(1)(d)(ii)

Omit “who”, substitute “the person”.

12  Subparagraph 38(1)(d)(ii)

Omit “and”.

13  Subparagraph 38(1)(d)(iii)

Omit “whose partner or non‑illness separated spouse”, substitute “the veteran”.

14  Paragraph 38(1)(e)

After “is a person”, insert “in relation to whom the following apply”.

15  Subparagraph 38(1)(e)(i)

Repeal the subparagraph, substitute:

 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB)) and who has rendered qualifying service;

16  Subparagraph 38(1)(e)(ii)

Omit “who”, substitute “the person”.

17  Paragraph 38(1)(g)

After “is a person”, insert “in relation to whom the following apply”.

18  Subparagraph 38(1)(g)(i)

Repeal the subparagraph, substitute:

 (i) subsection (1AA) applies to the person;

19  Subparagraph 38(1)(g)(ii)

Omit “whose non‑illness separated spouse”, substitute “the veteran”.

20  Paragraph 38(1)(h)

After “is a person”, insert “in relation to whom the following apply”.

21  Subparagraph 38(1)(h)(i)

Repeal the subparagraph, substitute:

 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB));

22  Subparagraph 38(1)(h)(ii)

Omit “whose partner or non‑illness separated spouse”, substitute “the veteran”.

23  Subparagraph 38(1)(h)(ii)

Omit “and”.

24  Subparagraph 38(1)(h)(iii)

Omit “who”, substitute “the person”.

25  Paragraph 38(1)(i)

After “is a person”, insert “in relation to whom the following apply”.

26  Subparagraph 38(1)(i)(i)

Repeal the subparagraph, substitute:

 (i) the person is an eligible person in relation to a veteran who has died (see subsection (1AB));

27  Subparagraph 38(1)(i)(ii)

Omit “who”, substitute “the person”.

28  Subparagraph 38(1)(i)(ii)

Omit “and”.

29  Subparagraph 38(1)(i)(iii)

Omit “whose partner or non‑illness separated spouse”, substitute “the veteran”.

30  After subsection 38(1)

Insert:

 (1AA) This subsection applies to a person if:

 (a) the person is the non‑illness separated spouse of a veteran; or

 (b) the following apply:

 (i) a relationship between the person and a veteran (whether of the same sex or a different sex) is registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

 (ii) the person and the veteran have separated and the person is living separately and apart from the veteran on a permanent basis;

 (iii) the separation has not resulted in a determination under subsection 5R(5); or

 (c) the following apply:

 (i) the person and a veteran were, in the Commission’s opinion (formed as mentioned in section 11A), in a de facto relationship;

 (ii) the person and the veteran have separated and the person is living separately and apart from the veteran on a permanent basis;

 (iii) the separation has not resulted in a determination under subsection 5R(5);

 (iv) the person and the veteran are not within a prohibited relationship; or

 (d) the following apply:

 (i) the person becomes divorced from a veteran;

 (ii) immediately before the divorce, paragraph (a) applied in relation to the person and the veteran; or

 (e) the following apply:

 (i) a relationship, described in subparagraph (b)(i), between the person and a veteran ceases to be registered under a law of the State or Territory concerned;

 (ii) immediately before the cessation, paragraph (b) applied in relation to the person and the veteran.

 (1AB) For the purposes of this section, a person is an eligible person in relation to a veteran who has died if:

 (a) the person is the widow or widower of the veteran; or

 (b) the following apply:

 (i) immediately before the veteran died, a relationship between the person and the veteran (whether of the same sex or a different sex) was registered under a law of a State or Territory prescribed for the purposes of section 2E of the Acts Interpretation Act 1901 as a kind of relationship prescribed for the purposes of that section;

 (ii) immediately before the veteran died, the person was living separately and apart from the veteran on a permanent basis;

 (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death; or

 (c) the following apply:

 (i) at any time before the veteran’s death, the person and the veteran were, in the Commission’s opinion (formed as mentioned in section 11A), in a de facto relationship;

 (ii) immediately before the veteran died, the person was living separately and apart from the veteran on a permanent basis;

 (iii) immediately before the veteran died, the person and the veteran were not within a prohibited relationship;

 (iv) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death; or

 (d) the following apply:

 (i) at any time before the veteran’s death, the person became divorced from the veteran;

 (ii) immediately before the divorce, paragraph (1AA)(a) applied in relation to the person and the veteran;

 (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death; or

 (e) the following apply:

 (i) at any time before the veteran’s death, a relationship, described in subparagraph (b)(i), between the person and the veteran ceased to be registered under a law of the State or Territory concerned;

 (ii) immediately before the cessation, paragraph (1AA)(b) applied in relation to the person and the veteran;

 (iii) the person has not been a member of a couple at any time on or after the first day on which the person was living separately and apart from the veteran on a permanent basis and before the veteran’s death.

31  Subsection 38(2A)

Repeal the subsection, substitute:

 (2A) A person’s eligibility under paragraph (1)(b), (c), (d), (e), (g), (h) or (i) ceases if the person becomes a member of a couple.

Note: The person may become eligible for partner service pension under paragraph (1)(a), (aa) or (f).

32  Subsections 38(2B), (3) and (3A)

Repeal the subsections.

33  Application provisions

(1) The amendments made by this Schedule apply in relation to working out eligibility for partner service pension for days on or after the commencement of this item.

(2) For the purposes of subitem (1), paragraph 38(1AA)(b) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) a relationship registered before, on or after the commencement of this item; and

 (b) a separation occurring on or after the commencement of this item.

(3) For the purposes of subitem (1), paragraph 38(1AA)(c) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) a de facto relationship entered into before, on or after the commencement of this item; and

 (b) a separation occurring on or after the commencement of this item.

(4) For the purposes of subitem (1), paragraph 38(1AA)(d) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) a divorce occurring on or after the commencement of this item; and

 (b) a separation occurring before, on or after the commencement of this item.

(5) For the purposes of subitem (1), paragraph 38(1AA)(e) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) a relationship ceasing to be registered on or after the commencement of this item; and

 (b) a separation occurring on or after the commencement of this item.

(6) For the purposes of subitem (1), paragraph 38(1AB)(b) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) the death of a veteran occurring on or after the commencement of this item; and

 (b) a relationship registered before, on or after the commencement of this item; and

 (c) a separation occurring on or after the commencement of this item.

(7) For the purposes of subitem (1), paragraph 38(1AB)(c) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) the death of a veteran occurring on or after the commencement of this item; and

 (b) a de facto relationship entered into before, on or after the commencement of this item; and

 (c) a separation occurring on or after the commencement of this item.

(8) For the purposes of subitem (1), paragraph 38(1AB)(d) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) the death of a veteran occurring on or after the commencement of this item; and

 (b) a divorce occurring on or after the commencement of this item; and

 (c) a separation occurring before, on or after the commencement of this item.

(9) For the purposes of subitem (1), paragraph 38(1AB)(e) of the Veterans’ Entitlements Act 1986, as inserted by this Schedule, applies in relation to:

 (a) the death of a veteran occurring on or after the commencement of this item; and

 (b) a relationship ceasing to be registered on or after the commencement of this item; and

 (c) a separation occurring on or after the commencement of this item.

Schedule 2—Extended service on submarine special operations

 

Veterans’ Entitlements Act 1986

1  Section 6 (table item 4B)

Omit “from 1978 to 1992”.

2  Section 6DB (heading)

Omit “from 1978 to 1992”.

3  Paragraphs 6DB(a) and (b)

Omit “31 December 1992”, substitute “12 May 1997”.

4  Subparagraphs 7A(1)(a)(v) and (vi)

Omit “31 December 1992”, substitute “12 May 1997”.

Schedule 3—Other amendments

 

Defence Service Homes Act 1918

1  Subsection 4(1) (definition of widow)

Omit “includes a woman who was a de facto partner of”, substitute “means a woman who was legally married to, or a de facto partner of,”.

2  Subsection 4(1) (definition of widower)

Omit “includes a man who was a de facto partner of”, substitute “means a man who was legally married to, or a de facto partner of,”.

3  At the end of subsections 20(1) and 23(1)

Add:

Note: Paragraph (a)—see the definitions of widow and widower in subsection 4(1). Widowed parent has a corresponding meaning: see section 18A (parts of speech and grammatical forms) of the Acts Interpretation Act 1901.

Veterans’ Entitlements Act 1986

4  Subsection 5E(1) (paragraph (b) of the definition of non‑illness separated spouse)

Omit “direction”, substitute “determination”.

5  Subsection 5E(1) (paragraph (b) of the definition of widow)

Repeal the paragraph, substitute:

 (b) a woman who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.

6  Subsection 5E(1) (paragraph (b) of the definition of widower)

Repeal the paragraph, substitute:

 (b) a man who was legally married to a person, but living separately and apart from the person on a permanent basis, immediately before the person died.

[Minister’s second reading speech made in—

House of Representatives on 1 August 2019

Senate on 12 September 2019]

(149/19)

 

Overview

The Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019 was enacted by the Parliament of Australia to address various gaps and issues within veterans' affairs law, particularly concerning the eligibility criteria for partner service pensions and the recognition of certain service periods. This Act amends the Veterans' Entitlements Act 1986 and the Defence Service Homes Act 1918 to expand eligibility for partner service pensions to include same-sex partners and those in de facto relationships, while also clarifying definitions and extending the service period for special operations. The policy objective is to ensure that the benefits available to veterans and their partners are fair, inclusive, and reflective of contemporary relationship dynamics, as well as to accurately recognise the contributions of veterans in special operations. The Act introduces amendments to extend eligibility for partner service pensions to include same-sex partners and those in de facto relationships, ensuring that these individuals are not disadvantaged due to their relationship status. It also seeks to address inconsistencies in the definition of certain terms such as "widow" and "widower," and corrects the period during which service on submarine special operations is recognised for pension eligibility purposes. By doing so, the Act aims to provide more comprehensive and equitable support to veterans and their families, reflecting modern societal standards and ensuring that all who have served are appropriately recognised and supported.

Scope and Application

The Veterans’ Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019 amends various aspects of veterans’ affairs in Australia, primarily focusing on extending eligibility for partner service pension under the Veterans’ Entitlements Act 1986, and making other adjustments to definitions and service periods. This Act applies to individuals who are either veterans or their partners, as well as to entities involved in the administration of veterans’ affairs. The amendments extend eligibility for partner service pensions to include registered relationships, de facto relationships, and those who have become divorced from a veteran, provided they meet specific criteria such as separation on a permanent basis. The changes are designed to be inclusive of both same-sex and opposite-sex relationships. The Act also modifies the service period for special operations on submarines, extending it from 1978 to 1992 to 1978 to 12 May 1997. Furthermore, the Act updates definitions in the Defence Service Homes Act 1918 and Veterans’ Entitlements Act 1986 to clarify terms such as "widow" and "widower," ensuring that de facto partners are appropriately recognised. The legislative amendments are applicable nationally, as the Act is a Commonwealth enactment. The Act does not explicitly state any exclusions or exemptions, but its provisions are contingent on meeting the specific criteria outlined within the amended sections. The Act received Royal Assent on 20 September 2019, with different sections commencing on various dates from 1 July 2019 to 21 September 2019.

Key Provisions

The Veterans' Affairs Legislation Amendment (Partner Service Pension and Other Measures) Act 2019 introduces several amendments to the existing laws relating to veterans' affairs. One of the primary changes is to extend the eligibility criteria for the Partner Service Pension. Under the Veterans' Entitlements Act 1986, the amendments specify that a person may qualify for the pension if they were in a registered relationship with a veteran, or in a de facto relationship, and have separated from the veteran and are living separately on a permanent basis (subsections 38(1)(b) and (1)(g)). It also includes those who were divorced from a veteran or whose registered relationship ceased (subsections 38(1)(d) and (1)(i)). Moreover, if the veteran has died, the pension may be payable to the person if they were living separately from the veteran on a permanent basis and have not entered into a new relationship since (subsections 38(1)(c) and (1)(h)). The Act imposes several obligations on both veterans and their partners. Veterans and their partners must ensure that any registered relationships or de facto relationships are accurately reported and maintained. They must also notify relevant authorities of any changes in their relationship status, such as separations or divorces. Additionally, those claiming the Partner Service Pension must demonstrate that they meet the specified eligibility criteria and that they have not entered into a new relationship, which would disqualify them from receiving the pension. Breach of the provisions in this Act can result in civil consequences. For example, providing false information to obtain the Partner Service Pension can lead to the pension being revoked, and the individual may be required to repay any amounts received. Furthermore, any misuse of veteran entitlements, including fraudulent claims, can result in penalties. While the specific penalties are not detailed in the Act, general provisions under the Veterans' Entitlements Act 1986 suggest that penalties can include fines and, in severe cases, imprisonment. The exact penalties would be determined based on the nature and severity of the breach.

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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.