EXPLANATORY STATEMENT
Veterans’ Affairs (Treatment and Other Matters) Amendment (Aged Care Act 2024) Instrument 2025
EMPOWERING PROVISIONS
The Repatriation Commission makes this instrument under the following empowering provisions:
- subsection 52ZZZWB(4) of the Veterans’ Entitlements Act 1986 for the amendments to the Veterans’ Entitlements (Special Disability Trust) Guidelines 2021;
- paragraph 5H(12)(c) of the Veterans’ Entitlements Act 1986 for the amendments to the Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025; and
- section 88A of the VEA for the amendments to the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015.
PURPOSE
This instrument makes consequential amendments to health and treatment related legislative instruments within the Veterans’ Affairs portfolio upon commencement of the Aged Care (Consequential and Transitional Provisions) Act 2024, the Aged Care Act 2024, and the Aged Care Rules 2025. The affected instruments are:
- Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015;
- Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025; and
- Veterans’ Entitlements (Special Disability Trust) Guidelines 2021.
The amendments to these instruments, which all require Repatriation Commission approval, have been combined into the one consolidated instrument for convenience.
OVERVIEW
The Aged Care (Consequential and Transitional Provisions) Act 2024 repeals the Aged Care Act 1997, the Aged Care (Transitional Provisions) Act 1997 and the Aged Care Quality and Safety Commission Act 2018 (and instruments thereunder) with effect from 1 November 2025.
This instrument makes consequential amendments to DVA instruments upon implementation of the Aged Care Act 2024 and the Aged Care Rules 2025 and the repeal of the above Acts. Specifically, the proposed amendments replace references to sections of the repealed Acts and subordinate instruments with references to the relevant sections of the Aged Care Act 2024 and the Aged Care Act Rules 2025. Additionally, proposed amendments update certain terminology and definitions to ensure that legislation appropriately aligns with the new aged care legislation.
EXPLANATION OF PROVISIONS
Section 1 states the name of the instrument.
Section 2 provides that the instrument commences at the same time as the Aged Care Act 2024 commences.
Section 3 sets out the legislative authority for the Repatriation Commission to make the instrument, namely:
Subsection 52ZZZWB(4) of the VEA for the amendments to the Veterans’ Entitlements (Special Disability Trust) Guidelines 2021;
Paragraph 5H(12)(c) of the VEA for the amendments to the Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025; and
Section 88A of the VEA for the amendments to the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015.
Section 4 is a standard provision that gives effect to the Items in the Schedules outlined below.
Schedule 1—Amendments to Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015
Item 1
Updates a note under the definition of ‘residential care’ under section 5 to clarify that DVA’s Commissions may accept financial responsibilities for resident contributions under subsection 276(1) of the Aged Care Act 2024.
Item 2
Updates a note under the definition of ‘residential care (respite)’ under section 5 to clarify that DVA’s Commissions may accept financial responsibilities for resident contributions under subsection 283(2) of the Aged Care Act 2024.
Schedule 2—Amendments to Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025
Item 1
Updates the definition of ‘accommodation bond or charges’ under section 4 to specify that point in time references to ‘charge exempt residents’ in the Veterans’ Entitlements Act 1986 are defined under the repealed Aged Care Act 1997 as that concept was not transitioned into the Aged Care Act 2024, and corrects a drafting error to refer to an ‘aged care service’ where the word ‘service’ was previously omitted.
Schedule 3—Amendments to Veterans’ Entitlements (Special Disability Trust) Guidelines 2021
Item 1
Updates the definition of ‘approved fees’ under section 5 to include those charged by registered providers within the meaning of subsection 11(2) of the Aged Care Act 2024 to clients who are the beneficiary of services specified in para 8(3)(b) of that Act. This updates a reference to the Aged Care Act 1997 that has been superseded.
Consultation
The Department of Veterans’ Affairs (DVA) consulted with the Department of Health, Disability and Ageing (DHDA) on the alignment of DVA instruments to the new Aged Care Act 2024 legislative arrangements, including initial project scoping, detailed instrument analysis, and providing specialist advice on the application of the Aged Care Act 2024. Consultation occurred over approximately six months via email correspondence, with follow-up meetings as needed.
DVA did not consult directly with veteran groups as they are not adversely impacted by these consequential amendments to the Treatment Principles and other instruments. Consultation was not considered necessary given the amendments are administrative in nature to ensure continuity of DVA service delivery and that relevant DVA legislative instruments are aligned with the new Aged Care Act 2024 legislative landscape and health policy settings from 1 November 2025.
DHDA undertook an extensive public consultation on both the Aged Care Act 2024 and the Aged Care Rules 2025, as outlined in their respective explanatory memoranda.
Human rights implications
This 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 A.
Approved by the rule-maker:
Repatriation Commission
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans’ Affairs (Treatment and Other Matters) Amendment (Aged Care Act 2024) Instrument 2025
This disallowable legislative 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 Instrument
This instrument amends the following treatment related legislative instruments within the Veterans’ Affairs portfolio consequentially upon enactment of the Aged Care (Consequential and Transitional Provisions) Act 2024, the Aged Care Act 2024, and the Aged Care Rules 2025:
- Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015;
- Veterans’ Entitlements (Income Exempt Lump Sums) Determination 2025; and
- Veterans’ Entitlements (Special Disability Trust) Guidelines 2021.
The proposed amendments replace references to sections of repealed aged care Acts and subordinate instruments with references to the relevant sections of the Aged Care Act 2024 and the Aged Care Rules 2025. Additionally, proposed amendments update terminology and definitions to ensure that legislation appropriately aligns with the new aged care legislation.
Human rights implications
The proposed consequential amendments have no negative human rights implications, as they are administrative in nature and intended to ensure service continuity for DVA clients accessing aged care services.
The respective Explanatory Memorandum and Statement to the Aged Care Act 2024 and the Aged Care Rules 2025 include Statements of Compatibility with Human Rights which found that they are consistent with the human rights and freedoms recognised by the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
This instrument is compatible with human rights as it does not raise any human rights issues.
Repatriation Commission
Rule-maker