Veterans' Entitlements (Special Assistance—Crisis Payments) Instrument 2025

EXPLANATORY STATEMENT

Veterans’ Entitlements (Special Assistance—Crisis Payments) Instrument 2025

Authority

1.       The Repatriation Commission (the Commission) makes this instrument under section 106 of the Veterans’ Entitlements Act 1986 (the Act).

Purpose

1.       The Veterans’ Entitlements (Special Assistance—Crisis Payments) Instrument 2025 (the Crisis Payment Instrument) sets out the eligibility criteria and circumstances in which financial assistance in the form of a crisis payment may be provided to a person.
2.       The crisis payment is a one-off payment intended to provide immediate financial assistance to a person experiencing acute financial hardship following an involuntary departure of their home in certain circumstances, including fleeing domestic violence, a lawful period in custody or psychiatric confinement. 
3.       The crisis payment instrument replaces the Veterans' Entitlements (Special Assistance) Regulations 1999 (the Crisis Payment Regulations).  A summary of the changes is provided in Attachment A.
4.       The instrument is a legislative instrument.

Overview

1.       A person may be entitled to a crisis payment if they are an appropriate claimant under the Crisis Payment Instrument, suffer severe financial hardship, are in receipt of a pension entitlement, reside in Australia and:

• the person, after spending at least 14 days in lawful custody, are released, and
• the person contacts the Department of Veterans’ Affairs (DVA), or claims the crisis payment, within 7 days after being released, or
• the person has left, or cannot return to, his or her home because of an extreme circumstance, and
• the extreme circumstance makes it unreasonable to expect the person to remain in, or return to, the home, and
• the person has established, or intends to establish, a new home, or
• the person has been subjected to domestic or family violence by a family member of the person, and
• at the time of the violence the person was living with that family member, and
• the family member leaves, or is removed from, the person’s home because of the violence, and
• the person remains living in the person’s home after the family member leaves or is removed.

1.       A person is not eligible for a crisis payment if the Commission is satisfied the circumstances described in the instrument were brought about in order to obtain a crisis payment.
2.       A person is not eligible for a crisis payment for an extreme circumstance if the person is eligible for a disaster relief payment for the extreme circumstance.
3.       The amount of payment for a person is the amount worked out using the formula in section 20 of the Crisis Payment Instrument.

Consultation

1.   No specific consultation has occurred as the previous regulations have continued to operate without objection and there are no significant changes to the policy enabled by the new instrument, maintaining the same legislative intent and treatment of the crisis payment.

Commencement

1.   This instrument commences on the commencement of the Administrative Review Tribunal (Miscellaneous Measures) Act 2025, Schedule 2, item 84.

Contents of the Instrument

1.   Section 1 sets out the name of the instrument.
2.   Section 2 provides for the commencement of the instrument.
3.   Section 3 provides the authority for the instrument.
4.   Section 4 repeals the Crisis Payment Regulations.
5.   Section 5 provides the definitions.
6.   Section 6 to 10 provides the eligibility criteria for the crisis payment.
7.   Section 11 to 13 set out the formal requirements for submitting an application, including the provision of information or documents to assist with establishing eligibility for the crisis payment. Where the application and accompanying documents constitute personal information, all information is collected, used, and disclosed in accordance with the Privacy Act 1988 as outlined in the privacy statement provided to the veteran when they make an application for the crisis payment.
8.   Section 14 sets out the requirements for withdrawing an application.
9.   Section 15 sets out the process for investigation of an application.
10.   Section 16 provides how the Commission is to decide on an application.
11.   Section 17 provides that the Commission may grant a claim.
12.   Section 18 sets out how the applicant must be notified of the decision.
13.   Section 19 provides for the date of effect of a decision.
14.   Section 20 provides the formula for working out the amount of crisis payment.
15.   Section 21 addresses garnishees or similar orders.
16.   Section 22 provides that the crisis payment is not payable to a person whilst in lawful custody.
17.   Section 23 provides a person’s right to request a review of a decision.
18.   Section 24 sets out the Commission’s duty if a request for review is made.
19.   Section 25 provides that a person must receive a written notice of decision when a request for review is submitted.
20.   Section 26 provides that a person whose interests are affected by a decision can apply for review of the decision by the Administrative Review Tribunal.
21.   Section 27 provides for transitional arrangements to deal with applications made under the Crisis Payment Regulations that have not been decided or finalised when the Crisis Payment Instrument commences.

Collection, use and disclosure of personal information

There are formal requirements for submitting an application which must be adhered to, as well as requirements for withdrawing an application. The application for a crisis payment must be investigated by the Secretary before it is submitted to the Commission for a decision. With the consent of participants, personal information is sought from applicants to facilitate a decision, via an application form, as to the eligibility of the applicant. Information required for assessing eligibility for the payment is collected using two different forms depending on why the payment is being sought: one for extreme circumstances such as severe financial hardship or domestic and family violence, and the other for prison/hospital release.

Paragraph 11(2)(c) and subsection 15(3) require the applicant to provide information that will aid in establishing their eligibility for the payment. Without this requirement, it is not possible to establish eligibility as required under sections 7, 8 and 9. The client is also able to submit further information in addition to the application form as they see fit – this allows for a level of flexibility that is appropriate for the sensitive and difficult circumstances surrounding an application. The provisions are considered necessary and appropriate because the decision maker requires this information in order to assess the eligibility of the applicant for the payment.

Personal information is collected, used and disclosed in accordance with the Privacy Act 1988.

Human rights implications

1.   The instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

Making the Instrument

1.   The instrument was made by the Repatriation Commission.

Attachment A

Schedule of Amendments in the Crisis Payment Instrument compared to the Crisis Payment Regulations

Attachment B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Veterans’ Entitlements (Special Assistance—Crisis Payments) Instrument 2025

The Crisis Payment Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Crisis Payment Instrument

The instrument replaces the previous Veterans' Entitlements (Special Assistance) Regulations 1999 and provides a once-off, crisis payment to assist eligible people in limited circumstances, experiencing acute financial hardship following an involuntary departure of their home or following a period of lawful custody. 

The Commission must make a decision on an application received from the Secretary and must approve the application if it is satisfied that the applicant is eligible for a crisis payment. The Commission must inform the applicant of its decision in writing including the reasons for the decision and the applicant’s right to seek review of the decision if dissatisfied. The decision will take effect on the day specified in the decision.

The instrument provides the amount of crisis payment is worked out by way of a prescribed formula in section 20 of the Instrument.  The crisis payment may be paid to the credit of a bank account, nominated and kept by a person, that is kept by the person alone, or jointly or in common with another person.

A person, or another person on the person’s behalf, who is dissatisfied with a decision of the Commission, may ask the Commission to review the decision under section 23 of the Instrument.  A request for review must be in writing; and set out the grounds on which the request is made; and be lodged with the Commission by being forwarded to, or delivered at, an office of the Department in Australia within 3 months after the day when the person seeking review was informed of the decision. The Commission has a duty to review the decision within 3 months after the day when a request under section 23 was lodged; or within any longer period agreed in writing with the person who made the request. On review of a decision, the Commission must either affirm the decision; or set the decision aside. If the Commission sets aside a decision, it must make a decision in place of the decision it set aside. A person to whom the Commission has delegated its power to review decisions under this section must not review a decision if the person made the decision under review. After a decision is reviewed, the Commission must give written notice of the decision to the person seeking review. The written notice must include a statement of reasons for the decision and refer to the applicant’s right to apply to the Administrative Review Tribunal for review of the Commission’s decision; and give reasons for the decision made on review.

The instrument allows for a person whose interests are affected by a decision to apply for review of a decision by the Administrative Review Tribunal. The application must be made within 3 months after the day when the person is given a copy of the written record of the decision.

The instrument provides that an application made under the regulations, which has not been finalised, will be considered to be made under the Instrument.

Human rights implications

The Legislative Instrument engages and promotes the following human rights:

• The right to social security under article 9 of the International Covenant on Economic Social and Cultural Rights.
• The right to privacy as contained in article 17 of the International Covenant on Economic, Social and Cultural Rights.

The right to social security

The right to social security requires that a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system.  The social security scheme must provide a minimum essential level of benefits to all individuals and families that will enable them to acquire at least essential health care, basic shelter and housing, water, sanitation, foodstuffs, and the most basic forms of education.

The Instrument promotes the right to social security by allowing the Repatriation Commission to provide a once-off payment, providing immediate financial assistance to eligible people in limited circumstances who are experiencing acute financial hardship assistance following an involuntary departure of their home or following a period of lawful custody.

Right to privacy

The instrument limits the right to privacy by requiring that an application for crisis payment must be accompanied by authorisation from the veteran for the Secretary to seek relevant information from the applicant in order to assess the eligibility of the applicant for the payment.

Conclusion

This Legislative Instrument is compatible with human rights because it promotes the right to social security.

Repatriation Commission

Rule-Maker