EXPLANATORY STATEMENT
Statutory Rules No. 178
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Regulations (Amendment)
Issued by 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 Statutory Rules provided for the correction of an error in Statutory Rules No. 122 of 1987. Details of the Regulation are set out below.
Travelling expenses under section 110 or 132 of the Act
Section 110 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 artificial aids and appliances.
Section 132 provides for the 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 of the Veterans’ Entitlements Regulations prescribes the rates of travelling expenses payable under sections 110 and 132 and the conditions under which they may be paid. Prior to the commencement of the amending Regulation, paragraph 9(10)(c) prescribed as $15.50 the amount payable for dinner. $15.50 was a new rate inserted in the Regulation by Statutory Rules No. 122 of 1987, effective from 1 July 1987.
Statutory Rules No. 122 of 1987 should have increased the dinner rate from $13 (the rate in force prior to 1 July 1987) to $14.50.
These Statutory Rules amended existing paragraph 9(10)(c) by substituting the correct rate of $14.50. This rate applies from the date of notification of the amending Rules in the Commonwealth of Australia Gazette.
Overview
The Veterans’ Entitlements Regulations (Amendment) Statutory Rules 1996, issued by the Minister for Veterans’ Affairs, aim to correct an error in Statutory Rules No. 122 of 1987 concerning the payment of prescribed travelling expenses under the Veterans’ Entitlements Act 1986. This Act was enacted to provide financial assistance and support to veterans, war widows, and other eligible individuals, addressing a gap in ensuring that these individuals receive appropriate entitlements. The policy objective is to rectify administrative oversights to ensure that the correct rates are applied to veterans’ benefits, maintaining the integrity and fairness of the entitlements system. The amendment specifically rectifies the dinner rate for prescribed travelling expenses, ensuring that the rate aligns with the intended increase from $13 to $14.50, effective from the date of notification of the amending Rules in the Commonwealth of Australia Gazette.
Scope and Application
The Veterans’ Entitlements Regulations (Amendment) Statutory Rules No. 178 pertain to the correction of an error within the Veterans’ Entitlements Regulations, as governed by the Veterans’ Entitlements Act 1986. The Act itself applies to veterans and their dependants, as well as to individuals or entities providing services to veterans, and encompasses the administration and payment of various entitlements such as health services, disability support, and other benefits. These entitlements are applicable on a national level across Australia, extending to all states and territories. The amending Regulations correct a discrepancy in the prescribed rates for travelling expenses under sections 110 and 132 of the Act, ensuring that the rate for dinner expenses is accurately reflected. Regulation 9, which outlines the rates of travelling expenses, has been amended to correct the dinner rate from $15.50 to the correct rate of $14.50, effective from the date of notification in the Commonwealth of Australia Gazette. The Regulations do not introduce any new exclusions or exemptions and maintain the existing scope and conditions for entitlement payments.
Key Provisions
The main operative sections of these Statutory Rules correct an error in the Veterans’ Entitlements Regulations, specifically amending Regulation 9(10)(c) to establish the correct rate for prescribed travelling expenses for dinner. Regulation 9(10) of the Veterans’ Entitlements Regulations governs the rates of travel expenses payable under sections 110 and 132 of the Veterans’ Entitlements Act 1986 (the Act). Section 110 allows for the payment of prescribed travelling expenses in connection with treatment, restoration of health or fitting of artificial aids and appliances. Section 132 provides for the payment of prescribed travelling expenses to a pension claimant, a person likely to be affected by a review, or in certain circumstances, to an attendant of such a person. The amendment ensures that the rate for dinner is correctly set at $14.50, aligning with the intended increase from the previous rate of $13.
The Veterans’ Entitlements Regulations (Amendment) imposes specific obligations on the Department of Veterans’ Affairs and claimants under the Act. The Department is required to ensure that the rates prescribed in Regulation 9(10) are accurate and reflect any legislative changes or amendments. Claimants, in turn, must provide accurate information regarding their travel expenses to be eligible for reimbursement. The correct application and enforcement of these rates are critical to ensuring that claimants receive the appropriate compensation for their travel-related expenses. This amendment mandates that all relevant parties adhere to the correct rates as prescribed by the Regulations, which are necessary for carrying out the provisions of the Act.
The Act provides for potential civil and criminal consequences for breaches related to the incorrect application of rates for prescribed travelling expenses. While the amending Rules themselves do not explicitly state penalties for non-compliance, the Veterans’ Entitlements Act 1986 generally includes provisions for penalties for incorrect claims or fraudulent activities. Under section 218 of the Act, a person who makes a false or misleading statement in a claim for a payment, benefit or service under the Act commits an offence and is liable to a penalty of up to $22,200 for an individual and $111,000 for a body corporate. Additionally, under section 220, a person who knowingly makes a false or misleading statement in relation to a matter for which a payment or benefit is claimed under the Act commits an offence and is liable to imprisonment for up to five years. These provisions underscore the importance of accuracy in the application and reporting of travelling expenses under the Act.