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:
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).
Overview
The Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 was introduced to address the gap in the eligibility of veterans and their dependants for vaccinations when travelling outside Australia, despite holding a Gold Card that signifies eligibility for treatment of any injury or disease without it needing to be service-related. Enacted by the Parliament of Australia, this legislation aims to extend the scope of treatment eligibility to include preventive measures such as vaccinations for those planning to travel abroad. The Determination specifies that eligible veterans and their dependants who hold a Gold Card and are in Australia at the time of treatment are entitled to vaccinations, ensuring their eligibility for treatment is not limited to injuries or diseases but extends to necessary preventive health measures. This Determination commenced on 1 August 2010 and is retrospective in nature, aiming to provide clarity and benefit without negatively affecting any person, thereby aligning with the broader policy objectives of the Veterans’ Entitlements Act 1986.
Scope and Application
The Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 specifies eligibility for vaccinations under the Veterans’ Entitlements Act 1986 for veterans and their dependants who hold a Gold Card and propose to travel outside Australia. This Determination applies to veterans and their dependants in Australia, who hold a Gold Card, which signifies eligibility for treatment of any injury or disease without the condition needing to be service related. The treatment in question is a vaccination, which is a form of preventive treatment that is not generally covered by the Act unless explicitly provided for by a Determination such as this one. The Determination is retrospective and commenced on 1 August 2010, and while it is beneficial in nature, it does not negatively affect any person. The Determination extends to any amendments to section 81 of the Act, such as the inclusion of Nuclear Test Personnel, thereby covering those who might be added to the class of eligible veterans in the future. The Determination does not incorporate any documents by reference and does not require consultation as it is of a beneficial nature.
Key Provisions
The Veterans' Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (F2010L02795) is a legislative instrument designed to extend the eligibility of certain veterans and their dependants for vaccinations when they propose to travel outside Australia. The determination specifies two classes of entitled persons: veterans in Australia who hold a Gold Card (section 1.4), and veterans' dependants in Australia who hold a Gold Card (section 1.4). These individuals are eligible to receive vaccination treatment, which includes both medical procedures or attendances under the Treatment Principles (section 1.1) and pharmaceutical benefits under the Repatriation Pharmaceutical Benefits Scheme (section 1.1).
The obligations imposed by this Determination are primarily on the Department of Veterans’ Affairs and the Repatriation Commission. These entities must ensure that eligible veterans and their dependants, as defined, are provided with the necessary vaccinations before they travel overseas. This requirement ensures that these individuals are protected against preventable diseases that may pose a risk during their travels. The Act empowers the Department of Veterans’ Affairs to issue Gold Cards, which signify eligibility for treatment of any injury or disease without the condition needing to be service-related (section 1.3).
Failure to comply with the provisions of this Determination could result in the denial of necessary medical treatment for eligible veterans and their dependants, potentially exposing them to health risks. While the Determination does not explicitly outline specific penalties for non-compliance, the broader framework of the Veterans’ Entitlements Act 1986 may impose sanctions, including financial penalties or legal action, against those who do not adhere to the requirements set forth. The retrospective nature of the Determination means it applies from 1 August 2010, but it does not negatively affect any person, as it is inherently beneficial (section 1.2). The Determination is not retrospective in a way that would cause harm, and it remains consistent with the purpose of extending benefits to veterans and their dependants.