Federal Register of Legislation - Australian Government

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SR 1994 No. 341 Regulations as made
These Regulations amend the Veterans' Entitlements (Rehabilitation Allowance) Regulations.
Administered by: Veterans' Affairs
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR07-Nov-1994
Tabled Senate07-Nov-1994
Gazetted 11 Oct 1994
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendments) 1994 No. 341

EXPLANATORY STATEMENT

Statutory Rules 1994 No. 341

Issued by the Authority of the Minister for Veterans, Affairs

Veterans' Entitlements Act 1986

Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendments)

Section 106 of the Veterans' Entitlements Act 1986 allows the Repatriation Commission to provide special assistance to veterans and their dependants as it prescribes. Section 216 of the Veterans' Entitlements Act 1986 provides that the Governor-General may make regulations for the purposes of the Act.

Using these statutory powers, the Veterans' Entitlements (Rehabilitation Allowance) Regulations were made. The Regulations established the payment of rehabilitation allowance to veterans and their dependants where:

•       the veteran undertakes a vocational rehabilitation program approved by the Repatriation Commission, and

•       the veteran ceases to be eligible for invalidity service pension and the partner ceases to be eligible for partner service pension; or

•       the veteran ceases to be eligible for disability pension or eligible for a reduced rate of this pension.

The regulations currently allow a person to seek review by the Administrative Appeals Tribunal of the Commission decision to determine the rate of rehabilitation allowance. However, there is no right of review where the Commission rejects a particular course of vocational rehabilitation.

The Veterans' Entitlements (Rehabilitation Allowance) Regulations (Amendments):

•       advise the veteran in writing where the Commission has rejected a program of rehabilitation;

•       provide reasons for the Commission decision; and

•       provide the person with appeal rights to seek review of the Commission decision.

The amendments insert two new subregulations into regulation 9 of the Veterans' Entitlements (Rehabilitation Allowance) Regulations. New subregulation (3) requires the Commission to provide the veteran with written advice of its decision under paragraph 5(a)(ii) concerning the suitability of the particular rehabilitation program. Where the Commission has rejected a program of rehabilitation, new subregulation (4) requires the Commission to provide reasons for its decision.

Subregulation 10(1) of the Veterans' Entitlements (Rehabilitation Allowance) Regulations is amended to allow for a right of review to the Administrative Appeals Tribunal of the Commission decision made under paragraph 5(a)(ii).

The Regulations commence on the date of notification in the Gazette.