EXPLANATORY STATEMENT
Veterans’ Entitlements (Class of Debts – Less Than $200) Specification 2015
PURPOSE
The attached instrument is a legislative instrument that has been re-made. Had the instrument not been re-made, it would have been automatically repealed on
1 April 2016.
Subsection 26(1B) of the Legislative Instruments Act 2003 provides that the requirement for an explanatory statement to explain the purpose and operation of an instrument may be met by an explanation that the instrument replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument, and is the same in substance as the specified instrument or provision.
The Department of Veterans’ Affairs (DVA) has reviewed the instrument and found it is still required. Accordingly, the instrument has been re-made and is the same in substance as the instrument it replaces
Section 206 of the Veterans’ Entitlements Act 1986 (the Act) provides, amongst other things, that the Repatriation Commission (Commission) may decide to waive the Commonwealth’s right to recover debts arising under the Act that are included in a class of debts specified by the Minister for Veterans’ Affairs.
The purpose of this instrument is to specify a class of debts that may be waived. The class of debts covers debts under $200. This instrument thus enables the Commission to exercise discretion to waive a debt owed to the Commonwealth that is under $200 in situations where the debt would require manual processing.
CONSULTATION
There has been no consultation in respect of the attached instrument because it is being re-made in essentially the same form and benefits are not being affected. Accordingly, consultation was considered unnecessary.
RETROSPECTIVITY
None.
DOCUMENTS INCORPORATED-BY-REFERENCE
No.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached legislative instrument does not engage an applicable right or freedom. The purpose of this instrument is to specify a class of debts arising under the Act that may be waived.
The class of debts covers debts under $200. It ensures that departmental resources are not unnecessarily expended in recovering small amounts of monies.
CONCLUSION
The attached legislative instrument does not engage a human right and is therefore compatible with human rights.
Rule-Maker
Minister for Veterans’ Affairs
Overview
The Veterans’ Entitlements (Class of Debts – Less Than $200) Specification 2015, re-made under the authority of the Veterans’ Entitlements Act 1986, aims to address the administrative burden associated with recovering small debts owed to the Commonwealth under the Act. Enacted by the Minister for Veterans’ Affairs, this legislative instrument specifies a class of debts under $200 that may be waived by the Repatriation Commission. This approach ensures that limited departmental resources are not expended on debts of minimal value, thereby facilitating a more efficient allocation of resources within the Department of Veterans’ Affairs. The policy objective is to streamline debt recovery processes by allowing the Commission to exercise discretion in waiving certain small debts, thus preventing unnecessary administrative efforts.
Scope and Application
The Veterans’ Entitlements (Class of Debts – Less Than $200) Specification 2015 applies to debts that fall under the Veterans’ Entitlements Act 1986, specifically those debts that the Commonwealth may waive in certain circumstances. This legislative instrument targets debts of less than $200, enabling the Repatriation Commission to exercise discretion in waiving such debts where manual processing would otherwise be required. The legislation operates across the Commonwealth, impacting the Department of Veterans’ Affairs and the Repatriation Commission. It does not apply to debts exceeding the specified threshold and does not extend its application through subordinate instruments beyond the parameters outlined in the Act. The instrument ensures that administrative resources are not expended on the recovery of minimal monetary amounts, thereby streamlining processes and enhancing efficiency within the veteran support framework.
Key Provisions
The Veterans’ Entitlements (Class of Debts – Less Than $200) Specification 2015 (the Instrument) specifies a class of debts that may be waived under the Veterans’ Entitlements Act 1986 (the Act). This class of debts includes those that are under $200, as stated in section 1 of the Instrument. This provision allows the Repatriation Commission (the Commission) to use its discretion to waive certain debts that would otherwise require manual processing. The primary purpose of this legislation is to ensure that departmental resources are not expended on recovering small amounts of money that may not justify the administrative effort and cost.
The obligations imposed by the Instrument on the Commission and the Department of Veterans’ Affairs (DVA) include the authority to waive debts under $200, as provided in section 206 of the Act. The Commission must assess whether waiving such a debt would be appropriate in the given circumstances, ensuring that this decision aligns with the overarching objectives of the Act and the principles of efficiency and effectiveness in debt recovery. The DVA, as the overseeing body, must support the Commission in its decision-making process and ensure that any waivers are appropriately documented and justified.
The Instrument does not specify any direct offences or penalties for non-compliance, as it primarily serves to outline the class of debts that may be waived. However, any misuse of the waiver authority or failure to comply with the Act’s requirements could lead to administrative or legal consequences for the Commission or the DVA. This may include internal disciplinary actions or potential legal scrutiny if the waiver decisions are deemed to be outside the scope of the Act’s provisions or if they result in financial loss to the Commonwealth.
In summary, the Veterans’ Entitlements (Class of Debts – Less Than $200) Specification 2015 sets out a class of debts that can be waived by the Commission, thereby allowing for the efficient use of departmental resources. This legislative instrument imposes specific obligations on the Commission and the DVA to ensure that the waiver of debts under $200 is conducted appropriately and within the bounds of the Act. While the Instrument itself does not outline specific penalties, any breaches of the Act’s provisions or misuse of the waiver authority could result in administrative or legal consequences.