EXPLANATORY STATEMENT
Veterans' Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000 (made under paragraph 88A(1)(b) of the Veterans’ Entitlements Act 1986)
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 Had the instrument not been re-made, it would have been automatically repealed on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 October 2015.
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 essentially the same in substance as the instrument it replaced albeit with updating as required.
The Veterans' Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000 enables dependants of Vietnam veterans to obtain psychiatric assessments under the auspices of the Veterans & Veterans’ Families Counselling Service at DVA expense.
Further Explanation
Part A explains the Veterans' Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000.
CONSULTATION
There has been no consultation in respect of the 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 engage an applicable right or freedom. It relates to the Right to Health contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.
The instrument is compatible with the Right to Health in that it enables a section of the community (Vietnam veterans’ dependants) to obtain free psychiatric assessments under the auspices of the Veterans & Veterans’ Families Counselling Service (commonly known as the “VVCS”).
Conclusion
The attached legislative instrument is considered to be compatible with the human right to health because it increases the availability of treatment for sections of the community.
Rule-Maker
The Repatriation Commission
PART A
Veterans' Entitlements (Psychiatric Assessment - Dependants of Vietnam Veterans) Determination 2000
This instrument enables dependants of Vietnam veterans to obtain a psychiatric assessment under paragraph 92(1)(b) of the Veterans’ Entitlements Act 1986.