Veterans' Entitlements Regulations (Amendment) 1991 No. 280
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 280
Veterans' Entitlements Regulations (Amendment)
Veterans' Entitlements Act 1986
Issued by the authority of the Minister for Veterans' Affairs
Section 216 of the Veterans' Entitlements Act 1986 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
These Regulations provide for an increase with effect from 1 September 1991 in the rate of reimbursement payable to veterans and their dependants for travel involving the use of a private motor vehicle for treatment and pension purposes under sections 110 and 132 of the Act.
Details of the Regulations are set out below.
Regulation 1 - Commencement
Regulation 1 provides that the increased rates will become effective on 1 September 1991.
Regulation 3 - Travelling expenses under section 110 or 132 of the Act
Subsection 110(1) of the Act provides for the payment of prescribed travelling expenses in respect of approved travel in connection with treatment, restoration of health or fittings of articial aids and applicances. Payment may be made to a veteran, a dependant of a deceased veteran or, by virtue of subsection 110(2), to a person authorised by the Repatriation Commission to accompany a veteran or dependant as an attendant.
Section 132 provides for payment of prescribed travelling expenses to a claimant for pension or a person likely to be affected by a review, or in certain circumstances, to an attendant of such a person.
Regulation 9 prescribes the rate of reimbursement for travel by private motor vehicle payable under sections 110 and 132 and the conditions under which they may be paid.
Paragraph 3.1 amends existing subregulation 9(7) of the Repatriation Regulations to substitute a new, higher rate of reimbursement for travel by private motor vehicle, where travel is undertaken in accordance with section 110 or 132 of the Act.
Overview
The Veterans' Entitlements Regulations (Amendment) 1991 No. 280, issued under the authority of the Minister for Veterans' Affairs, amends the Veterans' Entitlements Regulations 1987 to address the need for updated reimbursement rates for veterans and their dependants who travel for treatment or pension purposes. These amendments were enacted to provide a necessary update to the rate of reimbursement payable for travel involving the use of a private motor vehicle for treatment and pension purposes, as outlined in sections 110 and 132 of the Veterans' Entitlements Act 1986. The policy objective of these regulations is to ensure that the reimbursement rates reflect the current economic conditions, thereby providing adequate financial support to veterans and their dependants for necessary travel related to their health and pension reviews.
Scope and Application
The Veterans' Entitlements Regulations (Amendment) 1991 No. 280 amends the Veterans' Entitlements Regulations, applying to veterans and their dependants who travel for treatment or pension purposes as per sections 110 and 132 of the Veterans' Entitlements Act 1986. These amendments are made under the authority of the Minister for Veterans' Affairs, ensuring that the new regulations do not conflict with the overarching Act. The increased reimbursement rates, effective from 1 September 1991, cater to those utilising private motor vehicles for approved travel related to their treatment or pension claims. These regulations specifically adjust the rates of reimbursement to provide more adequate support for the travel expenses incurred by veterans and their dependants. The new rates are set out to be applicable nationally, covering all veterans and their dependants across Australia, thereby ensuring a uniform application of the amended provisions.
Key Provisions
The main provisions of the Veterans' Entitlements Regulations (Amendment) 1991 No. 280 pertain to the increase in reimbursement rates for travel expenses incurred by veterans and their dependants for treatment and pension purposes. Regulation 1 establishes the commencement date of 1 September 1991 for these new rates. Regulation 3 addresses the payment of prescribed travelling expenses under sections 110 and 132 of the Veterans' Entitlements Act 1986, which include travel for treatment, restoration of health, fittings of artificial aids and appliances, and pension-related matters. Regulation 9 specifically revises the rate of reimbursement for travel by private motor vehicle, replacing the previous rate with a higher one under subregulation 9(7).
These Regulations impose obligations on both veterans and the Repatriation Commission. Veterans and their dependants who travel for treatment, restoration of health, or fittings of artificial aids and appliances are entitled to reimbursement at the new rates specified in the Regulations. Similarly, claimants for pension or persons likely to be affected by a review, and their attendants, are also eligible for reimbursement at these increased rates. The Repatriation Commission is tasked with ensuring that these new rates are correctly applied and disbursed to eligible individuals in accordance with the amended subregulation 9(7).
Failure to comply with the provisions set out in these Regulations may lead to civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties for breach are not detailed within the explanatory statement, breaches of statutory rules or regulations can generally result in penalties such as fines or other sanctions. The maximum penalties would typically be determined by the relevant legislation governing the enforcement of the regulations. In this context, any non-compliance by the Repatriation Commission or failure by eligible persons to adhere to the prescribed conditions could potentially lead to such penalties, depending on the jurisdiction's laws.