EXPLANATORY STATEMENT
Veterans’ Vocational Rehabilitation Scheme 2024
EMPOWERING PROVISION
The Repatriation Commission and the Minister for Veterans’ Affairs make this instrument under section 115B of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
This instrument repeals the Veterans’ Vocational Rehabilitation Scheme (Instrument 2015 No. R11) (the former VVRS) and makes a new scheme.
OVERVIEW
The new Veterans’ Vocational Rehabilitation Scheme (VVRS) (the scheme) is substantively the same as the former VVRS, apart from changes required to reflect the replacement of the Administrative Appeals Tribunal (AAT) with the new Administrative Review Tribunal (ART). Those changes maintain a veteran’s right to apply for external merits review of a VVRS decision.
EXPLANATION OF PROVISIONS
Chapter 1 contains formal provisions, the objectives and principles of the scheme, interpretation provisions and rehabilitation plan requirements.
Paragraph 1.1 contains formal provisions (the instrument’s name, commencement, the authority for making and provisions repealing the former VVRS).
Most of the instrument commences on the day after the day it is registered.
However, the ART commenced operation on 14 October 2024, when the Administrative Review Tribunal Act 2024 (the ART Act) commenced. Some provisions in this instrument need to commence on that date (see paragraph 1.1.2(2)), so that a person’s right to merits review under the VVRS is not affected by the gap between ART commencement and registration of this instrument.
The former VVRS is repealed in two stages. The AAT review provisions of the former VVRS (paragraph 5.3) are repealed and replaced with paragraphs 5.3.1 and 5.3.2 of this instrument beginning on 14 October 2024 (see paragraphs 1.1.2(2)(b) and 1.1.4(1)).
No person will be disadvantaged by the retrospective operation of these provisions. They are consistent with subsection 12(2) of the Legislation Act 2003.
Paragraph 1.2 sets out the objectives and principles of the scheme.
The objectives of VVRS are to assist veterans to find, or continue in, suitable paid employment, with particular emphasis on:
- facilitating the transition from service in the Australian Defence Force to suitable paid employment;
- assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and
- in conjunction with Part VIA of the Act, providing an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment.
The principles of the VVRS are that:
- participation in the scheme is voluntary;
- a rehabilitation plan is to be approved only if the veteran has undergone an assessment of rehabilitation capability by a suitably qualified person;
- rehabilitation services are to be provided only in accordance with an approved plan that has been developed and agreed with the veteran;
- rehabilitation services are to be provided only if the Repatriation Commission is satisfied that these services will result in a suitable paid employment outcome;
- rehabilitation services are to be approved according to principles of cost-effectiveness and will generally be the minimum necessary to achieve a suitable paid employment outcome;
- there are no penalties for withdrawal from or failure to complete an approved program, although rehabilitation services may be discontinued in such circumstances;
- rehabilitation services are not to be provided concurrently with another vocational rehabilitation program.
Paragraph 1.3 contains definitions, a description of the possible content of an approved program under the scheme, and provisions about making an application.
Paragraph 1.4 provides for the Secretary to obtain necessary information about and from an applicant under the scheme and provide that information to the Commission. When this necessary information constitutes personal information, all information is collected, used and disclosed in accordance with the Privacy Act 1988 as outlined in the privacy statement provided to the veteran when they make an application for the scheme.
Subparagraph 1.4.1 provides for the veteran to be referred to a rehabilitation provider with suitable skills and expertise to undertake an assessment of whether a rehabilitation program, individually tailored to the veteran’s needs and goals, is likely to assist the veteran to find, or continue in, suitable paid employment.
Subparagraph 1.4.2 enables the rehabilitation provider to provide the assessment report to the Secretary, via the Secretary’s information gathering powers.
Subparagraph 1.4.3 enables the assessment report, gathered via the Secretary’s information gathering powers, to be provided to a person with the Repatriation Commission’s delegated authority and inform their determination of whether to approve a rehabilitation program under either 2.2.2 or 3.2.1 of the instrument.
Paragraph 1.5 contains requirements for a rehabilitation plan.
Chapter 2 sets out the arrangements for VVRS programs for veterans in receipt of special rate and intermediate rate and invalidity service pensioners.
Paragraph 2.1 sets requirements for an application under Chapter 2.
Paragraph 2.2 contains requirements for participation in the scheme, including a vocational rehabilitation program.
Paragraph 2.3 provides for commencement and cessation of a vocational rehabilitation program.
Chapter 3 sets out the arrangements for VVRS programs for other veterans i.e. those to whom Chapter 2 does not apply.
Paragraph 3.1 sets requirements for an application under Chapter 3.
Paragraph 3.2 contains requirements for participation in the scheme, including a rehabilitation program.
Chapter 4 sets out the criteria on which applications for other available assistance are assessed.
Paragraph 4.1 sets out the other kinds of assistance available under the scheme, and the way to apply for a grant for that assistance.
Paragraph 4.2 provides for grants for transport and accommodation assistance.
Paragraph 4.3 provides for grants for aids, appliances, and workplace modifications.
Subparagraph 4.3.1 allows for the provision of a grant for an appliance or modification which is not normally provided by an employer as part of ensuring a safe working environment.
Subparagraph 4.3.2 provides for the veteran to be referred to a suitably qualified or experienced provider to assess the veteran’s need for aids, appliances or workplace modifications and provide an assessment report to the Secretary. The purpose of the report is to inform the grant decision under subparagraph 4.3.1, including whether the aid, appliance or modification is not normally provided by an employer as part of ensuring a safe working environment.
Subparagraph 4.3.3 indicates that the assessment report must be given due consideration prior to approving or declining a grant request.
Subparagraph 4.3.4 states a grant approved under these paragraphs can only be used for the intended purpose of providing an aid, appliance or modification to ensure a safe working environment. The grant cannot be used to purchase tools or to establish a business of any type.
Paragraph 4.4 provides for education programs and related grants for education expenses.
Paragraph 4.5 allows the Secretary to require a person to provide evidence that the grant funds were applied to the purpose of the grant.
Chapter 5 provides for notification of decisions and review rights.
Paragraph 5.1 provides for the Commission to notify a veteran of a decision under the scheme, and to provide reasons.
Paragraph 5.2 provides for internal review of a Commission decision under the scheme.
Paragraph 5.3 provides for review by the ART rather than the AAT and maintains the 3 month application time limit in the former VVRS. Paragraph 5.3.2 modifies the operation of section 18 of the ART Act under the authority of subsection 115B(12) of the Act.
Chapter 6 provides transitional arrangements for the new scheme commences. Broadly, action taken under the former VVRS will be treated as having been taken under the new scheme.
Paragraph 6.6 ensures that a decision under the scheme made between 14 October 2024 (when the ART commenced) and the commencement of the new scheme can be reviewed by the ART. This beneficial provision operates retrospectively beginning on 14 October 2024. The provision is beneficial to the veterans because subsection 5(3) of the Administrative Review Tribunal Rules 2024 prescribes only 28 days as the default period within which a person must apply to the ART for review of a decision. While this paragraph ensures that the affected veterans have 3 months to apply for review by the ART.
DELEGATIONS
The Commissions’ powers under the scheme are delegated to staff in the Department of Veteran’s Affairs (DVA) under a delegation instrument made under section 213 of the VEA. The powers are delegated to a range of Australian Public Service (APS) positions within DVA, typically between the APS5 and SES Band 3 levels. The Commissions’ powers are delegated to APS staff at these levels due to administrative necessity, as well as the volume and routine nature of the decisions involved. Delegates are permitted to undertake relevant investigations and make administrative decisions on the Commission’s behalf under the VVRS.
Employees who administer the VVRS receive training to ensure they possess the relevant skills and knowledge to make necessary decisions under the scheme. In addition, employees in these positions have access to a range of resources and expertise to assist them in administering the scheme.
Further safeguards exist through the review rights under the scheme if a veteran is dissatisfied with a decision of the Commission (or delegate), they can apply to the Commission for a review of that decision. A decision cannot be reviewed by the person who made the original decision.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
As outlined above, all personal information about veterans participating in the scheme is collected, used and disclosed in accordance with the Privacy Act 1988. A veteran voluntarily applies for the VVRS and can withdraw without penalty at any time. Those wishing to participate in the VVRS must first complete a VVRS application form, which contains a privacy notice indicating that personal information is protected by law.
The collection provisions outlined above are necessary, appropriate and critical to the functioning of the scheme. They facilitate referrals to, and advice from, rehabilitation providers with the professional skills and expertise necessary to assess the individual needs and goals of veterans. Assessment reports enable delegates of the Repatriation Commission to make decisions about a veteran’s rehabilitation capacity and suitability to participate in the scheme. These reports contain professional advice and recommendations of DVA-contracted rehabilitation providers, or in the circumstance of an aid, appliance or workplace modification, from a suitably qualified provider.
Privacy, confidentiality and data handling governance are key DVA requirements in the contractual arrangements with rehabilitation providers. The Deed of Standing Offer and its Statement of Requirements ensures that rehabilitation providers are aware of and use the Office of the Australian Information Commissioner’s Guide to Securing Personal Information. This guide outlines the reasonable steps rehabilitation providers are required to take under the Privacy Act 1988 to protect the personal information they hold from misuse, interference, loss, and from unauthorised access, modification, or disclosure. Providers must ensure they collect personal information from clients only after they have provided the client with a privacy collection notice using the template provided by DVA. At the termination of the Deed, the provider is required to return all confidential information to DVA and erase or destroy all electronic records containing or referring to confidential information.
CONSULTATION
The Department did not consult directly with individuals likely to be affected by the remake of this instrument. This was not considered necessary given the remaking of this instrument will maintain the same policy settings of the former VVRS, while ensuring external merits review will continue to be available (in the new ART).
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.
MAKING THE INSTRUMENT
The instrument is made by the Repatriation Commission and approved by the Minister for Veterans’ Affairs.
Approved by the rule maker:
Matthew James Keogh
Minister for Veterans’ Affairs
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans’ Vocational Rehabilitation Scheme 2024
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 (the recognised rights).
Overview of the Disallowable Legislative Instrument
The Veterans’ Vocational Rehabilitation Scheme 2024 (the instrument) repeals the Veterans’ Vocational Rehabilitation Scheme (Instrument 2015 No. R11) (the former VVRS) and makes a new scheme. The new instrument is substantively the same as the former VVRS, apart from changes required to reflect the replacement of the Administrative Appeals Tribunal (AAT) with the new Administrative Review Tribunal (ART). Those changes maintain a veteran’s right to apply for external merits review of a VVRS decision.
The objectives of VVRS are to assist veterans to find, or continue in, suitable paid employment, with particular emphasis on:
- facilitating the transition from service in the Australian Defence Force to suitable paid employment;
- assisting those veterans whose jobs are in jeopardy to retain suitable paid employment; and
- in conjunction with Part VIA of the Veterans’ Entitlements Act 1986 (the Act), providing an income safety net for certain veterans in receipt of pensions under sections 23 or 24 of the Act, or invalidity service pension, who wish to engage in suitable paid employment.
Human rights implications
This instrument engages the following rights:
- The right to work as contained in articles 6(1), 7 and 8(1)(a) of the International Covenant on Economic, Social and Cultural Rights.
- The right to education as contained in article 13 of the International Covenant on Economic, Social and Cultural Rights.
- The right to privacy as contained in article 17 of the International Covenant on Economic, Social and Cultural Rights.
Right to work
The instrument promotes and is compatible with the right to work as it enables delegates of the Repatriation Commission to assist veterans find, or continue in, suitable paid employment. This facilitates the transition for veterans from service to paid employment, by providing services to support vocational rehabilitation for veterans.
Right to education
The instrument promotes and is compatible with the right to education. Paragraph 4.4 of the instrument enables delegates of the Repatriation Commission to assist veterans with an education program as part of an approved rehabilitation program, where the studies are essential for the veteran to retain or obtain employment in a relevant field in which the veteran has expertise or experience.
Right to privacy
The instrument limits the right to privacy by requiring that an application to participate in the scheme must be accompanied by authorisation from the veteran for the Secretary to obtain relevant information from rehabilitation providers, and that the Secretary may require the veteran to be examined or assessed by a relevant service provider.
Subparagraphs 1.4.1, 1.4.2, 1.4.3 and 4.3.2 of the instrument describe the nature and scope of the collection of personal information. All personal information is collected, used and disclosed in accordance with the Privacy Act 1988.
The collection provisions are necessary, appropriate and critical to the functioning of the scheme, as they facilitate referrals to, and advice from, rehabilitation providers with the professional skills and expertise necessary to assess the individual needs and goals of veterans. Assessment reports enable delegates of the Repatriation Commission to make decisions about a veteran’s capacity and suitability to engage in rehabilitation activities, informed by the professional advice and recommendations of contracted rehabilitation providers, or in the circumstance of an aid, appliance or workplace modification, from a suitably qualified provider.
Privacy, confidentiality and data handling governance are key requirements in the current contractual arrangements with rehabilitation providers. The Deed of Standing Offer and its Statement of Requirements ensures that rehabilitation providers must be aware of and use the Office of the Australian Information Commissioner’s Guide to Securing Personal Information. This guide outlines the reasonable steps rehabilitation providers are required to take under the Privacy Act 1988 to protect the personal information they hold from misuse, interference, loss, and from unauthorised access, modification, or disclosure. Providers must ensure they collect personal information from clients only after they have provided the client with a privacy collection notice.
Conclusion
This disallowable legislative instrument is compatible with human rights because it increases the likelihood of members of the veteran community finding work or remaining in work. To the extent that it limits the right to privacy, those limitations are reasonable, necessary and proportionate.
Matthew James Keogh
Minister for Veterans’ Affairs
Rule-Maker