EXPLANATORY STATEMENT

Veterans’ Entitlements (Special Disability Trust Beneficiary Requirements) Nomination of Agreement 2006

SUMMARY

The Veterans’ Entitlements (Special Disability Trust Beneficiary Requirements) Nomination of Agreement 2006 (the Instrument) is made under subsection 52ZZZWA of the Veterans’ Entitlements Act 1986 (the Act).  The purpose of the Instrument is for the Repatriation Commission (the Commission), or the Commission’s delegate, to nominate an Agreement for the purposes of subparagraph 52ZZZWA (2)(b)(ii) of the Act.  One of the possible ways for a trust to qualify as a special disability trust is if the beneficiary lives in an institution, hostel or group home in which care is provided for people with disabilities and for which funding is provided (in whole or part) under an agreement nominated by the Commission under this Instrument.

The Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

This instrument is taken to have commenced on 20 September 2006.

The effect of the Instrument is that each of the agreements specified in Schedule 1, namely each of the agreements entered into between the Commonwealth and a State/Territory, collectively known as the “Commonwealth State/Territory Disability Agreement”, will be an agreement nominated by the Commission for the purposes of subparagraph 52ZZZWA (2)(b)(ii) of the Act.

RETROSPECTIVITY

The attached Instrument is taken to have commenced on 20 September 2006.  For the purposes of section 12 of the Legislative Instruments Act 2003 the instrument does not disadvantage any person or impose liabilities on any person.  The instrument is beneficial in nature.

CONSULTATION

When the Special Disability Trusts measure was announced an Advisory Group was established.  This group was chaired by Ian Spicer, chair of the National Disability Advisory Council, and included financial experts and parents of children with a severe disability.  The Advisory Group first met in December 2005 and made twenty recommendations in March 2006, the majority of which were accepted and included in the resulting policy.

These determinations form part of the policy that was developed from the recommendations provided by the Advisory Group.  As such, consultation has already been undertaken.

The Department of Families, Community Services and Indigenous Affairs (FaCSIA) recently made a legislative instrument virtually identical to the one attached.  FaCSIA consulted the Department of Education, Science and Training (DEST) and the Department of Employment and Workplace Relations (DEWR), to ensure a co‑ordinated approach in respect of payments under the Social Security Act 1991, for which DEST and DEWR share responsibility.

REGULATION IMPACT STATEMENT

There was no requirement to prepare a Regulation Impact Statement in regard to the Instrument, as this measure is not likely to have a direct, or a substantial indirect, effect on business and is not likely to restrict competition.

INCORPORATED DOCUMENT

The attached Instrument incorporates-by-reference the agreements collectively known as the Commonwealth and State/Territory Disability Agreement.  These agreements are available on the Internet at:

http://www.facsia.gov.au/internet/facsinternet.nsf/disabilities/policy-cstda.htm