Veterans’ Affairs (Treatment Principles – Removal of References to Rehabilitation in the Home) Amendment Determination 2021

Administered by Department of Veterans' Affairs

Legislation au F2021L00177 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Veterans’ Affairs (Treatment Principles – Removal of References to Rehabilitation in the Home) Amendment Determination 2021 (Instrument No. R8/MRCC8 of 2021)

 

EMPOWERING PROVISIONS

 

For the amendments to the Treatment Principles (Instrument 2013 No. R52) (the VEA Treatment Principles) — subsection 90(5) of the Veterans’ Entitlements Act 1986 (the VEA).

 

For the amendments to the MRCA Treatment Principles (Instrument 2013 No. MRCC53) (the MRCA Treatment Principles) — subsection 286(5) of the Military Rehabilitation and Compensation Act 2004 (the MRCA).

 

PURPOSE

 

The attached instrument, the Veterans’ Affairs (Treatment Principles – Removal of References to Rehabilitation in the Home) Amendment Determination 2021 (Instrument 2021 No. R8/MRCC8) amends the VEA Treatment Principles and the MRCA Treatment Principles – collectively known as the “Treatment Principles”. Instrument 2021 No. R8/MRCC8 removes references to and provisions under which the Rehabilitation in the Home program was to be provided. The Rehabilitation in the Home program is established under Principle 7.7B and associated interpretation provisions under paragraph 1.4.1 of the Treatment Principles.

The Rehabilitation in the Home provisions were inserted by the Veterans’ Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Determination 2020 (Instrument 2020 No. R3/MRCC3) [F2020L01028] (the 2020 Determination).

The 2020 Determination was revoked on 13 February 2021 by the Veterans’ Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Revocation Determination 2021 (Instrument 2021 No.R7/MRCC7) [F2021L00116] (the Revocation Determination).

 

While the revocation had the effect of revoking the 2020 Determination, it did not effectively remove the amendments to the Treatment Principles that had been made by the 2020 Determination. 

Instrument 2021 No. R8/MRCC8 and the Revocation Determination were required as the implementation of the Rehabilitation in the Home program has been delayed for the purposes of redesigning the proposal, particularly to identify discretionary decisions and to provide for merits review where appropriate.

CONSULTATION

 

Section 17 of the Legislation Act 2003 requires a rule-maker to be satisfied, before making a legislative instrument that any consultation the rule-maker considered appropriate and reasonably practicable, has been undertaken.

 

As the implementation of the Rehabilitation in the Home program had been delayed no contracts had been entered into for the purposes of providing the program. No veterans currently receive the program.

 

In these circumstances, it is considered the requirements of section 17 of the Legislation Act 2003 have been fulfilled.

 

RETROSPECTIVITY

 

None.

DOCUMENTS INCORPORATED BY REFERENCE

None.

 

REGULATORY IMPACT

 

For the original proposal: OBPR Reference Number: 25985

 

The proposed amendments to the Treatment Principles to remove references to the Rehabilitation in the Home program will have no regulatory impact as no contracts for the provision of the program have been entered into and no veterans receive the services.

 

On that basis, the determination does not have any regulatory impact on businesses, community organisations or individuals.

 

FURTHER EXPLANATION OF PROVISIONS

 

See Attachment A.

 

 


Attachment A

 

FURTHER EXPLANATION OF PROVISIONS

 

Section 1

This section sets out the name of the instrument - Veterans’ Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Revocation Determination 2021.

 

Section 2

 

This section provides that the instrument commences on the day that it is registered.

 

Section 3

 

This section sets out the legislative authority for the making of the variations to the Treatment Principles.

 

Section 4

 

Section 4 provides that the variations to the Treatment Principles, as outlined in each of the Schedules to the instrument, have effect.

Schedule 1 – Variations to the Treatment Principles (R52/2013) under the Veterans’ Entitlements Act 1986

 

Item 1 omits the definitions for the following terms in paragraph 1.4.1.:

 

“Rehabilitation in the Home”;

“Rehabilitation in the Home Provider”; and

“Rehabilitation in the Home care co-ordinator”.

 

The terms had been relevant for the purposes of Principle 7.7B (Rehabilitation in the Home) (omitted by Item 2).

 

Item 2 omits Principle 7.7B (Rehabilitation in the Home).

 

 

 

Schedule 2 – Variations to the Treatment Principles (No. MRCC53/2013) under the Military Rehabilitation and Compensation Act 2004

 

Item 1 omits the definitions for the following terms in paragraph 1.4.1.:

 

 

“Rehabilitation in the Home”;

“Rehabilitation in the Home Provider”; and

“Rehabilitation in the Home care co-ordinator”.

 

The terms had been relevant for the purposes of Principle 7.7B (Rehabilitation in the Home) (omitted by Item 2).

 

Item 2 omits Principle 7.7B (Rehabilitation in the Home).

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Veterans’ Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Revocation Determination 2021

The legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

 

The purpose of the instrument is to amend the VEA Treatment Principles and the MRCA Treatment Principles – collectively known as the “Treatment Principles”.

 

The amendments to the Treatment Principles will remove the provisions inserted by the Veterans’ Affairs (Treatment Principles – Rehabilitation in the Home and Other Amendments) Determination 2020 which provided for the implementation of the Rehabilitation in the Home program.

 

With the implementation of the Rehabilitation in the Home program being delayed for the purposes of redesigning the proposal it will be necessary for the amendments to the Treatment Principles to remove the references to the program and the provisions under which it was to be provided.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

Conclusion

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

Natasha Cole

Rule-Maker

Acting Deputy Secretary, Veterans and Families Services

Department of Veterans’ Affairs

 

 

 

Overview

The Veterans’ Affairs (Treatment Principles – Removal of References to Rehabilitation in the Home) Amendment Determination 2021 was enacted to amend the existing treatment principles under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, removing references to the Rehabilitation in the Home program. This amendment was introduced following a delay in the implementation of the Rehabilitation in the Home program, which was intended to be established under Principle 7.7B of the Treatment Principles. The determination ensures that the legislative framework is updated to reflect the delay in the program's rollout, allowing for its redesign and the identification of discretionary decisions and merits review where appropriate. The enactment of this instrument was authorised under the Legislation Act 2003, which requires a rule-maker to ensure appropriate consultation has been undertaken before making a legislative instrument. In this case, no veterans were receiving the services, and no contracts had been entered into, thus fulfilling the consultation requirements. The instrument was made by Natasha Cole, the Rule-Maker and Acting Deputy Secretary, Veterans and Families Services at the Department of Veterans’ Affairs, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms. The amendments serve to streamline the legislative framework and ensure it aligns with the current status of the Rehabilitation in the Home program.

Scope and Application

The Veterans' Affairs (Treatment Principles – Removal of References to Rehabilitation in the Home) Amendment Determination 2021 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by removing references to and provisions under which the Rehabilitation in the Home program was to be provided. This Act applies to the entities and persons involved in the administration and implementation of veterans' affairs and military rehabilitation and compensation services. The instrument does not apply to any specific geographic area but operates at the national level as it affects the national policies and procedures for veterans' affairs. The amendment specifically excludes any regulatory impact since the Rehabilitation in the Home program has not yet been implemented, meaning no contracts have been entered into and no veterans currently receive the services. The legislative instrument does not have any retrospective effect and does not incorporate any documents by reference. Additionally, it is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Veterans' Affairs (Treatment Principles – Removal of References to Rehabilitation in the Home) Amendment Determination 2021 (Instrument 2021 No. R8/MRCC8) primarily amends the Treatment Principles (Instrument 2013 No. R52) under the Veterans’ Entitlements Act 1986 (VEA) and the MRCA Treatment Principles (Instrument 2013 No. MRCC53) under the Military Rehabilitation and Compensation Act 2004 (MRCA). These amendments are made pursuant to subsection 90(5) of the VEA and subsection 286(5) of the MRCA. The core objective of this amendment is to remove references to and provisions for the Rehabilitation in the Home program, which was previously established under Principle 7.7B and interpreted under paragraph 1.4.1 of the Treatment Principles. The obligations imposed by this legislation primarily concern the removal of specific terms and principles related to the Rehabilitation in the Home program. This includes the elimination of definitions such as "Rehabilitation in the Home," "Rehabilitation in the Home Provider," and "Rehabilitation in the Home care co-ordinator" from paragraph 1.4.1 of the Treatment Principles, as well as the complete removal of Principle 7.7B (Rehabilitation in the Home). These changes are made to ensure that the Treatment Principles no longer reference the now-defunct Rehabilitation in the Home program, aligning with the delay in the program’s implementation. The legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, the failure to comply with the Treatment Principles, as amended by this determination, could potentially lead to non-compliance issues with the overarching legislative frameworks of the VEA and MRCA. Such non-compliance might result in administrative, civil, or even criminal penalties, depending on the nature and severity of the breach. However, these potential consequences are not detailed within the amendment determination itself but would be addressed under the broader provisions of the VEA and MRCA. Given the nature of this amendment, which primarily involves the removal of previously inserted provisions rather than the introduction of new obligations or penalties, the focus is on ensuring that the Treatment Principles accurately reflect the current status of the Rehabilitation in the Home program. This ensures clarity and compliance within the legislative framework governing veterans' treatment and rehabilitation services.

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