EXPLANATORY STATEMENT
Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010
EMPOWERING PROVISION
Paragraphs 88A(1)(a) and 88A(1)(b) of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
The attached legislative instrument (R41/2010) specifies:
- classes of entitled persons (veterans, veterans’ dependants); and
- the treatment a person within a class is eligible to receive.
The classes are:
- veterans in Australia who hold a Gold Card and who propose to travel outside Australia; and
- veterans’ dependants in Australia who hold a Gold Card and who propose to travel outside Australia.
The treatment is:
- vaccination.
A Gold Card issued by the Department of Veterans’ Affairs signifies that the holder is eligible for the treatment of any injury or disease without the condition needing to be service related.
A White Card issued by the Department of Veterans’ Affairs signifies that the holder is eligible for the treatment only of a service-related injury or disease.
The attached Determination makes an entitled person within one of the classes eligible for a vaccination. Without the Determination the person’s eligibility for treatment generally would not be sufficient because under the Act that eligibility is confined to eligibility for treatment of an injury or disease and does not extend to preventive treatment such as a vaccination.
Accordingly the Determination makes a relevant entitled person eligible for treatment without there needing to be an injury or disease to which the treatment must be applied.
RETROSPECTIVE
Yes. The attached legislative instrument commenced on 1 August 2010 i.e. before registration on the Federal Register of Legislative Instruments. However the instrument will not contravene subsection 12(2) of the Legislative Instruments Act 2003 because it does not negatively affect any person. It is beneficial in nature.
CONSULTATION
No. The Instrument is beneficial. Accordingly persons affected could be expected to agree to the proposal.
DOCUMENTS INCORPORATED-BY-REFERENCE
No.
FURTHER EXPLANATION
Attachment A.
Attachment A
Items Explanation
1.1 sets out the name of the determination.
1.2 provides that the determination commences, or is taken to have commenced, on 1 August 2010.
Schedule
1.3 contains definitions. Most of the definitions are self-explanatory but more explanation is provided for the definition of “veteran”.
Section 81 of the Act applies the treatment provisions of Part V of the Act to members of the Forces and to Peacekeepers as if they were veterans and as if their dependants were veterans’ dependants.
At the time the attached determination was made there was a Bill before the National Parliament proposing that entitlements under the Act be extended to members of the Defence Force who participated in British Nuclear Tests (Nuclear Test Personnel) . The name of the Bill is the Veterans’ Affairs Legislation Amendment (2010 Budget Measures) Act 2010.
If the Bill is enacted, Nuclear Test Personnel will be included in section 81 along with members of the Forces and Peacekeepers. This will mean they are eligible for treatment under Part V. The reference to “veteran” and “section 81” in the attached Determination will cover Nuclear Test Personnel because section 81, in force from time to time (i.e. as amended) is incorporated into the Determination and because the Act is a writing that is legislation, section 14 of the Legislative Instruments Act 2003 is not infringed.
1.4 sets out the purpose of the Determination, namely to grant eligibility for vaccination treatment to veterans and veterans’ Dependants who hold Gold Cards and who propose to travel outside Australia.
Part 2 specifies the classes of entitled persons eligible for the relevant treatment, namely:
veterans and veterans’ dependants who:
- hold Gold Cards
- are in Australia when the relevant treatment is provided
Part 3 specifies the treatment a veteran or veteran’s dependant in the relevant class is eligible to be provided by the Commission, namely, a vaccination.
A vaccination is comprised of a medical procedure or medical attendance under the Treatment Principles (a legislative instrument made under section 90 of the Act) and a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme (a legislative instrument made under section 91 of the Act).