EXPLANATORY STATEMENT
Statutory Rules No. 138
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.
These Regulations provided for increases with effect from 1 July 1988 in the rates of travelling expenses payable to veterans and their dependants for travel 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 provided that the increased rates would become effective on 1 July 1988.
Regulation 2 - 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 articicial 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 of the Principal Regulations prescribes the rates of travelling expenses payable under sections 110 and 132 and the conditions under which they may be paid.
Paragraphs 2(a) and 2(b) amended existing subregulations 9(8) and 9(10) of the Principal Regulations to substitute new, higher rates of travelling expenses that may be met where travel is undertaken in accordance with section 110 or 132 of the Act.
Paragraph 2(a) provided for an increase in the maximum amount payable in respect of commercial accommodation from $47.50 each night to $51.00 each night; paragraph 2(b) provided for an increase in the amount payable for breakfast and lunch from $6 to $15.50 and an increase in the amount payable for dinner from $14.50 to $15.50.
Overview
The Veterans’ Entitlements Regulations (Amendment) 1988 were issued under the authority of the Minister for Veterans’ Affairs and enacted to address the need for updated rates of travelling expenses payable to veterans and their dependants for treatment and pension purposes, as stipulated in the Veterans’ Entitlements Act 1986. This legislative amendment aimed to ensure that the financial support provided to veterans and their families kept pace with inflation and other economic changes. The regulations became effective from 1 July 1988 and included increased rates for commercial accommodation, breakfast, lunch, and dinner. By amending subregulations 9(8) and 9(10) of the Principal Regulations, the new rates were set to reflect the current costs associated with travel for medical treatment and pension reviews, thereby improving the effectiveness and relevance of the financial assistance provided under the Act.
Scope and Application
The Veterans’ Entitlements Regulations (Amendment) issued under the authority of the Minister for Veterans’ Affairs, and pursuant to Section 216 of the Veterans’ Entitlements Act 1986, provide for amendments to the rates of travelling expenses payable to veterans and their dependants. These amendments apply to those individuals entitled to benefits under sections 110 and 132 of the Act, which includes veterans, their dependants, and authorised attendants, and come into effect from 1 July 1988. Specifically, the regulations increase the maximum amount payable for commercial accommodation, as well as the amounts for breakfast, lunch, and dinner, thereby ensuring that the financial support provided aligns with current costs. These amendments are designed to facilitate approved travel for treatment, restoration of health, or the fitting of artificial aids and appliances, as well as for pension-related travel and reviews.
Key Provisions
The Veterans’ Entitlements Regulations (Amendment) focus on updating the rates of travelling expenses payable to veterans and their dependants for travel related to treatment and pension purposes. Section 2 of the Regulations specifically amends the rates prescribed under sections 110 and 132 of the Veterans’ Entitlements Act 1986. These sections pertain to the payment of travelling expenses for approved travel in connection with treatment, restoration of health, or fitting of artificial aids and appliances, as well as for pension-related travel. The amendments to subregulations 9(8) and 9(10) of the Principal Regulations introduce higher rates, effective from 1 July 1988.
Under these Regulations, veterans and their dependants, as well as claimants for pension and their attendants, are entitled to increased financial support for travel expenses. This includes higher reimbursements for commercial accommodation, with the maximum amount payable for each night of stay rising from $47.50 to $51.00. Additionally, the amount payable for meals has been increased: breakfast and lunch are now reimbursed at $15.50 each, up from $6 and $14.50 respectively. These changes ensure that the travelling expenses covered under the Act are more reflective of current costs and provide better support to those who need it.
The Regulations impose clear obligations on the Repatriation Commission to ensure that the updated rates of travelling expenses are applied correctly. The Commission must now process claims for travel expenses in accordance with the new rates specified in the amended subregulations. This includes verifying that the expenses incurred by veterans and their dependants are within the prescribed limits and that all documentation is provided to substantiate the claims. Furthermore, the Regulations require the Repatriation Commission to maintain accurate records of these payments to ensure compliance and transparency in the administration of the entitlements.
Failure to comply with the provisions of these Regulations may lead to civil or administrative consequences. While the specific penalties are not detailed in the provided text, breaches of regulations governing entitlements and payments can typically result in fines or other sanctions. The precise penalties would depend on the nature and severity of the breach, as well as any relevant administrative or judicial processes in place for enforcing the Act. It is also possible that non-compliance could lead to disputes or litigation, where courts might impose penalties or require corrective actions to ensure that the entitlements are properly administered.