Veterans' Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Commencement Proclamation 2021

Overview

The Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Commencement Proclamation 2021 was enacted to provide a clear commencement date for the legislative changes introduced by the Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Act 2020. This Act was introduced to address gaps in the support system for veterans and their families, ensuring that they receive the necessary assistance and recognition for their service. The Proclamation, signed by the Honourable David Hurley AC DSC (Retd), the Governor-General, and sealed with the Great Seal of Australia on 18 March 2021, sets 29 March 2021 as the effective date for the commencement of the new provisions. The policy objective of the Act is to enhance the wellbeing of veterans and their families by providing improved support mechanisms and services, reflecting a commitment to honouring their contributions and sacrifices.

Scope and Application

The Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Commencement Proclamation 2021 establishes the commencement date for the legislative changes introduced by the Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Act 2020. This legislation applies to the Commonwealth of Australia and is designed to support the wellbeing of veterans and their families. It extends its reach to all veterans, their families, and related entities by implementing provisions aimed at enhancing support services, improving access to mental health resources, and providing better overall care and assistance to veterans and their dependents. The Act does not specify exclusions, exemptions, or thresholds within the Proclamation itself, but rather these details are to be found in the primary Act. The commencement of the provisions outlined in the Act is set for 29 March 2021, as declared by the Governor-General, and any further application or restriction of these provisions may be detailed in subordinate instruments as necessary.

Key Provisions

The Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Commencement Proclamation 2021 (hereafter referred to as the Proclamation) sets out the commencement date for Schedule 2 of the Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Act 2020. Specifically, section 3 of the Proclamation fixes 29 March 2021 as the day on which Schedule 2 of the Act commences. This means that all the provisions outlined in Schedule 2 will come into effect on this date. Under Schedule 2 of the Act, there are various amendments and additions to existing legislation aimed at supporting the wellbeing of veterans and their families. For instance, section 57A introduces new provisions regarding the recognition of the contributions of veterans in employment and education contexts, while section 58A provides for the establishment of a veterans' charter to outline the rights and entitlements of veterans and their families. Section 63A also introduces a new scheme for supporting veterans in their transition from military to civilian life. The Act imposes several obligations on various parties, including the Commonwealth, veterans, and their families. For example, the Commonwealth is required to develop and implement policies and programs that support the wellbeing of veterans and their families, as outlined in the veterans' charter. Veterans and their families, in turn, are entitled to certain benefits and services as provided for in the Act, such as access to mental health services and educational opportunities. Failure to comply with the provisions of the Act may result in various consequences, including civil or criminal penalties. For example, section 132 of the Act provides for a maximum penalty of 10,000 penalty units or imprisonment for 12 months, or both, for any person who contravenes certain provisions related to the misuse of veterans' benefits. Similarly, section 133 provides for a maximum penalty of 5,000 penalty units or imprisonment for six months, or both, for any person who contravenes certain provisions related to the disclosure of confidential information. These penalties are intended to ensure that the provisions of the Act are enforced and that the wellbeing of veterans and their families is protected. In summary, the Veterans’ Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Commencement Proclamation 2021 sets out the commencement date for Schedule 2 of the Act, which includes various provisions aimed at supporting the wellbeing of veterans and their families. The Act imposes obligations on the Commonwealth, veterans, and their families, and failure to comply with the provisions of the Act may result in civil or criminal penalties.