EXPLANATORY STATEMENT
Minute No. 10 of 1986 - Minister for Veterans’ Affairs
Subject - Veterans’ Entitlements Act 1986
Veterans’ Entitlements Regulations (Amendment)
1986 No. 202
Section 216 of the Veterans’ Entitlements Act 1986 (Act No. 21, Assented to 19 May 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 the correction of an error in the existing Veterans’ Entitlements Regulations (the regulations) and for increases in the rates of travelling expenses payable in accordance with sections 110 and 132 of the Act.
Details of the regulations are set out below.
Regulation 1 - Commencement
Regulation 1 provides that the regulations came into effect on 1 August 1986. In relation to regulation 3, which increases rates of travelling expenses, a commencement date of 1 August 1986 provides for administrative simplicity in implementing the increased rates and will save confusion in the ex-service community.
Regulation 2 - Exempt class of persons for the purposes of sub-section 84(6) of the Act
Sections 87 and 88 of the Act enable the Repatriation Commission to provide treatment, at Repatriation hospitals and institutions, to veterans who are not otherwise entitled to treatment under the Act or to members of the general community, subject to spare capacity in those hospitals or institutions.
Sub-section 84(6) of the Act provides that charges may be levied on a person, other than a person included in a prescribed class of persons, who is provided with treatment under section 87 or 88 of the Act.
Regulation 5 declares two classes of persons to be exempt from charges under sub-section 84(6) of the Act in respect of treatment provided under section 87 or 88 of the Act.
Regulation 2 amends regulation 5 to correct a drafting error. Regulation 5 had refered to sub-section 84(7) of the Act. Sub-clause 84(7) of the Veterans’ Entitlements Bill was deleted during Parliamentary debate on the Bill and the general effect of sub-clauses 84(6) and (7) combined into the one sub-section - sub-section 84(6).
Regulation 2 deletes the reference to sub-section 84(7) of the Act and substitutes a reference to sub-section 84(6).
Regulation 3 - Travelling expenses under section 110 and 132 of the Act
Sections 110 and 132 of the Act provide for the payment of such travelling expenses as are prescribed, subject to the provisions of those sections of the Act and such other conditions as are prescribed. Travelling expenses are payable where a Veteran is required to travel for the purpose of obtaining treatment or for the investigation of
or consideration of a claim or application for a pension, benefit or allowance. Existing regulation 9 specifies the rates of travelling expenses and the conditions subject to which travelling expenses are payable.
Regulation 3 amends sub-regulations 9(7), (8) and (10) substituting new higher rates of travelling expenses that will be met where travel is undertaken in accordance with sections 110 and 132 of the Act.
Paragraph 3(a) increases the amount deemed to be the cost of transport by private motor vehicle from 11.16 cents per kilometre to 12.28 cents per kilometre; paragraph 3(b) provides for an increase in the maximum amount payable in respect of commercial accommodation from $40 each night to $43 each night; paragraph 3(c) provides for an increase in the amount payable for breakfast and lunch from $5 to $5.50; and paragraph 3(d) provides for an increase in the amount payable for dinner from $12 to $13.
| Authority: | Section 216 of the Veterans’ Entitlements Act 1986 | |
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide a comprehensive framework for the entitlements of veterans, addressing the gap in comprehensive care and support for those who have served in the Australian Defence Force. This Act was passed by the Parliament of Australia and outlines various benefits, pensions, and allowances available to veterans and their families. The policy objective of this Act is to ensure that veterans and their dependents receive appropriate recognition and support for their service, which includes financial assistance, healthcare, and other benefits.
The Veterans’ Entitlements Regulations (Amendment) 1986 No. 202, which followed the Act, was introduced to correct an error in the existing regulations and to adjust the rates of travelling expenses payable to veterans. This amendment was designed to align the regulations with the intent of the original Act, ensuring that veterans receive necessary support without administrative confusion. The regulation adjustment was implemented to maintain the relevance and effectiveness of the entitlements provided under the Act, ensuring that the support system remains current and adequate for the needs of veterans.
Scope and Application
The Veterans’ Entitlements Regulations (Amendment) 1986 No. 202 pertains to the Veterans’ Entitlements Act 1986, which applies to veterans, their families, and other individuals who may be entitled to benefits or treatment under the Act. The regulations aim to correct an error in the existing regulations and adjust the rates of travelling expenses payable in accordance with sections 110 and 132 of the Act. These regulations have a national jurisdictional reach as they apply across Australia, being made under the authority of the Commonwealth. They do not specify any exclusions or thresholds but rather focus on amending existing provisions to ensure the correct application of the Act. The regulations extend the application of the Act by providing specific details necessary for the implementation of the entitlements and expenses, thereby ensuring that veterans and their families receive appropriate support and benefits. The amendments made by these regulations are effective from 1 August 1986, ensuring that the changes are implemented smoothly and without causing confusion within the veteran community.
Key Provisions
The main operative sections of these regulations, under the Veterans’ Entitlements Act 1986, include Regulation 2, which corrects a drafting error in the existing Veterans’ Entitlements Regulations, and Regulation 3, which increases the rates of travelling expenses payable in accordance with sections 110 and 132 of the Act. Regulation 2 rectifies a reference in Regulation 5 that mistakenly cited sub-section 84(7) instead of the correct sub-section 84(6). This amendment ensures that the regulations align with the actual legislative text and removes any potential confusion regarding the exemption of certain classes of persons from charges for treatment under sections 87 and 88 of the Act. Regulation 3 adjusts the rates of travelling expenses to better reflect current costs. Specifically, it raises the rate for travel by private motor vehicle, the maximum amount for commercial accommodation, and the costs for meals during travel, as detailed in paragraphs 3(a), 3(b), 3(c), and 3(d).
The obligations and requirements imposed by these regulations on the parties they govern primarily pertain to the correct application and understanding of the updated rates and exemptions as stipulated. For instance, the Repatriation Commission and relevant authorities must ensure that the updated rates for travelling expenses are correctly applied to eligible veterans, and that the exemption from charges for certain classes of persons is accurately enforced as per the corrected regulation. Additionally, these regulations require that any administrative processes be updated to reflect the new rates and corrected references, ensuring that there is no administrative confusion or misapplication of benefits.
In terms of breaches and potential consequences, while the explanatory statement does not explicitly detail offences, penalties, or consequences for non-compliance with these regulations, it can be inferred that any failure to adhere to these updated provisions could lead to errors in the payment of entitlements or incorrect application of exemptions. Such errors could potentially be subject to review, correction, and possibly financial restitution or penalties under the broader framework of the Veterans’ Entitlements Act 1986. Given that the Act encompasses various other sections that deal with offences and penalties, non-compliance with these regulations might be addressed under those provisions, potentially leading to fines or other legal actions. However, the specific penalties for these regulations are not explicitly stated in the provided explanatory statement.