EXPLANATORY NOTE
VETERANS’ ENTITLEMENTS ACT 1986
SECTION 88A
VETERANS' ENTITLEMENTS TREATMENT (ACCIDENT AND PERSONAL SAFETY) DETERMINATION 18/2000
What is the Instrument about?
- The attached determination is about ensuring that veterans who hold white cards are eligible for all the treatment available under the HOMEFRONT program and not just treatment that can be applied to their war or defence caused conditions.
What is the background to the Instrument?
2. HOMEFRONT is a program for entitled veterans and their entitled dependants and is designed to prevent accidents and maintain personal safety, in or about the home.
3. Generally speaking, a gold card holder is eligible for treatment in respect of all conditions whereas a white card holder is eligible for treatment only in respect of war/defence-caused conditions. In the case of HOMEFRONT treatment, this meant that even if the treatment was extended to white card holders (previously it only applied to gold card holders), the treatment could only be applied to the war/defence-caused conditions of white card holders which significantly reduced the effectiveness of the treatment.
4. However, under section 88A of the Veterans' Entitlements Act 1986 ("the Act") the Repatriation Commission is empowered to determine that a veteran within a class of veterans is eligible to be provided with treatment of a specified kind and accordingly the Commission made the attached determination which ensures that white card holders are eligible for all HOMEFRONT treatment and not just for treatment that may be applied to a veteran's war/defence-caused conditions.
5. On 10 December 1999 the Repatriation Commission made a Determination under section 88A of the Act which enabled the veterans in question to participate in the HOMEFRONT program, namely the Veterans' Entitlements Treatment (Accident and Personal Safety)Determination 10/1999 ("Determination 10/1999"). Determination 10/1999 commenced on 1 January 2000.
6. However Determination 10/1999 was repealed, by implication, by the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 which repealed the provision under which Determination 10/1999 was made (ie section 88A of the Act) and which replaced that provision with a more comprehensive determination-making power ("new Section 88A"). Veterans who were eligible for treatment under Determination 10/2000 will be deemed to be eligible for treatment under the attached Determination.
7. The attached Determination is made under the new section 88A and is in the same terms as Determination 10/1999. The Determination was made after the enactment of the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2000 and before that Act commenced, which was on Royal Assent. Section 4 of the Acts Interpretation Act 1901 permitted this course of action.
What is the cost?
8. Costs will be met from the standing appropriation of monies for medical and other treatment services provided under Part V of the Veterans' Entitlements Act 1986.
Will pre-existing rights be affected?
9. The Determination commenced before gazettal. The Determination will not infringe subsection 48(2) of the Acts Interpretation Act 1901 because it does not disadvantage any person or impose liabilities upon any person. The Determination is beneficial legislation.