Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986

No. 29 of 1986

An Act to amend the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 1986

[Assented to 19 May 1986]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Amendment Act 1986.

(2) The Veterans’ Entitlements (Transitional Provisions and Consequential Amendments) Act 19861 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation immediately after the Principal Act comes into operation.

Commutation of certain pensions

3. Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (2) “June 1986” and substituting “that period”;

(b) by omitting from sub-section (3) “June 1986” and substituting “the period referred to in sub-section (2)”; and

(c) by omitting from paragraph (4) (a) “June 1986” and substituting “the period referred to in sub-section (2)”.

Reviews of certain decisions made under repealed Acts

4. Section 20 of the Principal Act is amended—

(a) by omitting from sub-section (4) all words after paragraph (d) and substituting “may be made on a day not later than the day that occurs 3 months after the day on which a copy of that decision was served on the applicant, but not otherwise.”; and

(b) by inserting after sub-section (10) the following sub-sections:

“(10a) Where, on or after 6 June 1985 and before the commencing date, the Board has—

(a) affirmed a decision of the Commission not to grant a claim for a pension (not being a service pension); or

(b) made, in substitution for a decision of the Commission, a decision not to grant a claim for a pension,

by reason that the Board was reasonably satisfied as set out in subsection 107vg (7) of the Repatriation Act, application may, notwithstanding the provisions of section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with paragraph 175 (4) (a) of the Veterans’ Entitlements Act, be made to the Administrative Appeals Tribunal, under section 174 of the Veterans’ Entitlements Act, for a review of that decision of the Board by the Tribunal within the period of 3 months commencing on, and including, the commencing date, and the application shall be heard and determined by that Tribunal accordingly.

“(10b) Sub-section (10a) does not apply to a decision of the Board if an application for a review of that decision has been duly made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn.”.

Guide to the Assessment of Rates of Veterans’ Pensions

5. Section 27 of the Principal Act is amended—

(a) by omitting from sub-section (1) “made before 1 July 1986” and substituting “made by the Commission before 1 November 1986”;

(b) by omitting from sub-section (2) “1 July 1986, the Commission, the Board or the Administrative Appeals Tribunal”, and substituting “1 November 1986, the Commission”;

(c) by inserting after sub-section (2) the following sub-sections:

“(2a) Where, on or after the commencing date and before 1 November 1986, the Commission makes a decision determining the degree of incapacity of a veteran from war-caused injury or war-caused disease, or both, according to the provisions of the approved Guide to the Assessment of Rates of Veterans’ Pensions, it shall state in that decision that the degree of incapacity was determined according to the provisions of that Guide.

“(2b) Subject to sub-section (2c) of this section, sub-sections 22 (4) and 29 (4) of the Veterans’ Entitlements Act do not apply to a determination with respect to the degree of incapacity of a veteran from war-caused injury or war-caused disease or both—

(a) made by the Board upon a review of a decision of the Commission made by the Commission before 1 November 1986; or

(b) made by the Administrative Appeals Tribunal upon a review of a decision of the Board affirming or setting aside such a decision of the Commission.

“(2c) Where, on or after the commencing date and before 1 November 1986, the Commission makes a decision determining the degree of incapacity of a veteran from war-caused injury or war-caused disease, or both, and states in the decision that the degree of incapacity was determined according to the provisions of the approved Guide to the Assessment of Rates of Veterans’ Pensions—

(a) the Board shall, if it reviews that determination; or

(b) the Administrative Appeals Tribunal shall, if it reviews a decision of the Board affirming or setting aside that determination,

make its decision on the review with respect to that degree of incapacity according to the provisions of that Guide.”; and

(d) by omitting from sub-section (3) “sub-sections (1) and (2)” and substituting “sub-sections (1), (2), (2a), (2b) and (2c)”.

Trusts in respect of pensions and allowances

6. Section 54 of the Principal Act is amended—

(a) by omitting from paragraph (1) (c) “(including under that regulation in its application by virtue of sub-section 3 (2), (3), (4) or (5) of the Repatriation Amendment Act 1982)” and substituting “, otherwise than under that regulation in its application by virtue of sub-section 3 (2), (3), (4) or (5) of the Repatriation Amendment Act 1982”; and

(b) by omitting sub-section (2).

Transitional—Australian mariners

7. Section 64 of the Principal Act is amended—

(a) by omitting from sub-section (2) “made before 1 July 1986” and substituting “made by the Commission or a Pensions Committee before 1 November 1986”;

(b) by omitting from sub-section (3) “1 July 1986, the Commission, a Pensions Committee, the Board or the Administrative Appeals Tribunal” and substituting “1 November 1986, the Commission or a Pensions Committee”; and

(c) by adding at the end the following sub-sections:

“(4) Where, on or after the commencing day and before 1 November 1986, the Commission or a Pensions Committee makes a decision determining the degree of incapacity of an Australian mariner as a direct result of having sustained a war injury of a kind referred to in sub-section (3) according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as approved and in force under section 29 of the Veterans’ Entitlements Act, it shall state in the decision that the degree of incapacity was determined in accordance with the provisions of that Guide.

“(5) Where, on or after the commencing date and before 1 November 1986, the Commission or a Pensions Committee makes a decision determining the degree of incapacity of an Australian mariner as a direct result of having sustained a war injury of a kind referred to in sub-section (3) and states in the decision that the degree of incapacity was determined according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as approved and in force under section 29 of the Veterans’ Entitlements Act—

(a) the Board shall, if it reviews that determination; or

(b) the Administrative Appeals Tribunal shall, if it reviews a decision of the Board affirming or setting aside that determination,

make its decision on the review with respect to that degree of incapacity according to the provisions of that Guide.

“(6) Where—

(a) the Board reviews a decision of the Commission or a Pensions Committee made on or after 1 November 1986 determining the degree of incapacity of an Australian mariner as a direct result of having sustained a war injury of a kind referred to in sub-section (3); or

(b) the Administrative Appeals Tribunal reviews a decision of the Board affirming such a decision of the Commission or a Pensions Committee or a decision of the Board made in

substitution for such a decision of the Commission or a Pensions Committee that has been set aside by the Board,

the Board or the Administrative Appeals Tribunal, as the case may be, shall make its decision on the review with respect to that degree of incapacity according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as approved and in force under section 29 of the Veterans’ Entitlements Act.”.

Amendment of Acts

8. The Acts specified in the Schedule are amended as set out in that Schedule.

SCHEDULE Section 8

Defence Service Homes Act 1918

Sub-section 4 (1) (definition of “Australian soldier”)—

Omit sub-paragraphs (i) and (ii) of paragraph (g) of the definition, substitute the following sub-paragraphs:

“(i) as a member of a unit of the Defence Force that was allotted for duty, within the meaning of the Veterans’ Entitlements Act 1986 as provided in sub-section 5 (12) of that Act; or

(ii) while the person was allotted for duty, within the meaning of the Veterans’ Entitlements Act 1986 as provided in sub-section 5 (12) of that Act,”.

Paragraph 4 (2) (b)—

Omit “after 1 September 1957”, substitute “on or after 1 September 1957”.

Public Service Act 1922

Sub-section 7 (1) (definition of “returned soldier”)—

Omit paragraphs (e) and (f) of the definition, substitute the following paragraphs:

“(e) as a member of a unit of the Defence Force that was allotted for duty, within the meaning of the Veterans’ Entitlements Act 1986 as provided in sub-section 5 (12) of that Act; or

(f) while the person was allotted for duty, within the meaning of the Veterans’ Entitlements Act 1986 as provided in sub-section 5 (12) of that Act,”.

Seamen’s War Pensions and Allowances Act 1940

Paragraph 30 (1) (a)—

Omit “within the period and in the manner”, substitute “within a reasonable period and in a reasonable manner”.

Paragraph 30 (1) (b)—

Omit “within the period and in the manner”, substitute “within a reasonable period and in a reasonable manner”.

Paragraph 30 (1) (c)—

Omit “on a date, and at a time and place”, substitute “on a reasonable date, and at a reasonable time and place”.

SCHEDULE—continued

Paragraph 58 (1) (a)—

Omit “make”, substitute “knowingly make”.

Paragraph 58 (1) (b)—

Omit “obtain”, substitute “knowingly obtain”.

Paragraph 58 (1) (c)—

(a) Omit “obtain”, substitute “knowingly obtain”.

(b) Omit “or” (last occurring).

After paragraph 58 (1) (c)—

Insert the following paragraph:

“(d) knowingly obtain a benefit (not being a pension, allowance or pecuniary benefit) under this Act or the Regulations by means of a false or misleading statement or of impersonation or a fraudulent device; or”.

Paragraph 58 (1) (e)—

Omit “make”, substitute “knowingly make”.

NOTE

1. No. 28, 1986.

[Minister’s second reading speech made in—

House of Representatives on 14 April 1986

Senate on 15 April 1986]