EXPLANATORY STATEMENT
Statutory Rules No. 335
Veterans’ Entitlements Act 1986
Veterans’ Entitlements Regulations (Amendment)
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.
This regulation provides for a change to the Repatriation Commission’s prescribed address for the service of decisions and reasons of the Veterans’ Review Board.
Details of the regulation are set out below.
Address of the Commission - Subsection 140(2A) of the Act
Section 140 of the Act provides that where the Veterans’ Review Board makes a decision upon a review it must make its decision in writing, prepare a statement of reasons for that decision, file the decision and the statement of reasons and serve a copy of the decision and statement of reasons on the applicant and the Repatriation Commission.
Subsection 140(2A) of the Act provides that service of the necessary documents on the Repatriation Commission must be at the prescribed address of the Commission.
Existing regulation 9A in the Principal Regulations prescribes the address of the Repatriation Commission for the purposes of subsection 140(2A) of the Act.
The amendment to existing regulation 9A substitutes a new address for the service of Veterans’ Review Board decisions and reasons.
Overview
The Veterans’ Entitlements Regulations (Amendment) 2019 were issued under Section 216 of the Veterans’ Entitlements Act 1986, providing for amendments to the prescribed address of the Repatriation Commission for the service of decisions and reasons by the Veterans’ Review Board. This amendment was made by the Minister for Veterans’ Affairs, with the objective of ensuring that the necessary documents are served at the correct and updated address of the Repatriation Commission. The Veterans’ Entitlements Act 1986, enacted by the Australian Parliament, was introduced to provide a comprehensive framework for the entitlements of veterans, their dependants, and carers. The problem or gap addressed by this particular amendment is the need to update the contact information for the Repatriation Commission to maintain the efficiency and effectiveness of the service delivery for veterans’ review decisions and reasons.
Scope and Application
The Veterans’ Entitlements Regulations (Amendment) Statutory Rules No. 335, issued under the authority of the Minister for Veterans’ Affairs, pertain to the Veterans’ Entitlements Act 1986. This amendment updates the prescribed address for the Repatriation Commission to receive service of decisions and reasons from the Veterans’ Review Board. The Veterans’ Review Board is mandated to provide written decisions and statements of reasons for its reviews under section 140 of the Act, and these must be served on both the applicant and the Repatriation Commission, with the Commission's address specified in the regulations. The amendment specifically modifies regulation 9A in the Principal Regulations, replacing the existing address with a new one for the service of these documents. The scope of these regulations applies directly to the Repatriation Commission and the Veterans’ Review Board, impacting the procedural conduct of the Commission in receiving and processing review decisions. These regulations extend across the Commonwealth, reflecting the national application of the Act and its amendments. There are no stated exclusions, exemptions, or thresholds within this particular amendment, and no additional application extensions or restrictions are noted through subordinate instruments.
Key Provisions
The Veterans’ Entitlements Regulations (Amendment) modifies the Veterans’ Entitlements Act 1986 by updating the address of the Repatriation Commission where service of decisions and reasons by the Veterans’ Review Board must be made. Specifically, subsection 140(2A) of the Act stipulates that when the Veterans’ Review Board issues a decision following a review, it must provide the decision in writing, along with a statement of reasons, and serve a copy of these documents on the applicant and the Repatriation Commission. The address for this service is prescribed in the regulations. Currently, regulation 9A in the Principal Regulations specifies the address for the service of Veterans’ Review Board decisions and reasons. The amendment to regulation 9A introduces a new address for this purpose, ensuring that all necessary documents are correctly served to the Commission.
Under the amended regulations, the Repatriation Commission must ensure that all decisions and reasons from the Veterans’ Review Board are served at the new prescribed address. This requirement is crucial for maintaining the efficiency and effectiveness of the review process, ensuring that all parties involved receive the necessary documentation in a timely manner. The amendment reflects the need to keep the contact information up-to-date to facilitate the smooth operation of the review process.
The Act imposes several obligations on the parties involved. The Veterans’ Review Board is obligated to provide written decisions and statements of reasons to applicants and serve these on the Repatriation Commission at the newly prescribed address. The Repatriation Commission, in turn, must ensure that it has a proper system in place to receive these documents at the specified location. Both parties must comply with these requirements to uphold the integrity of the review process under the Act.
Failure to comply with the provisions regarding the service of decisions and reasons could potentially lead to administrative issues or delays in the review process. While the regulations do not explicitly outline specific offences or penalties for non-compliance, breaches of statutory requirements under the Veterans’ Entitlements Act 1986 could result in civil or administrative consequences. It is important for both the Veterans’ Review Board and the Repatriation Commission to adhere to these requirements to avoid any disruptions in the entitlement process.