Federal Register of Legislation - Australian Government

Primary content

SR 1999 No. 34 Regulations as made
These Regulations amend the Veterans' Entitlements 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 HR08-Mar-1999
Tabled Senate08-Mar-1999
Gazetted 02 Mar 1999
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

Veterans' Entitlements Amendment Regulations 1999 (No. 1) 1999 No. 34

EXPLANATORY STATEMENT

Statutory Rules 1999 No. 34

Issued by the Authority of the Minister for Veterans' Affairs

Veterans' Entitlements Act 1986

Veterans' Entitlements Amendment Regulations 1999 (No. 1)

Section 216 of the Veterans' Entitlements Act 1986 (the Act) enables the Governor General to make regulations prescribing matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Veterans' Entitlements Amendment Regulations 1999 (No. ) ('the amendments') amend the Veterans' Entitlements Regulations 1986 ('the principal regulations'). The impetus for the amendments arose out of the normal course of administering the regulations and as a result of a representation by the Senate Standing Committee on Regulations & Ordinances.

The purpose of the proposed amendments is to:

*       prescribe additional travelling expenses that may be reimbursed under the Act ie expenses incurred by an applicant to the Specialist Medical Review Council and any attendant, who incurred expenses while travelling to obtain documentary medical evidence to submit to the Council ('Travelling Expenses Amendment');

*       ensure the Repatriation Commission can consider new evidence when reviewing decisions ('Review Amendment').

Travelling Expenses Amendment (Schedule, proposed paragraphs 2,3,4,5,6,7,8,9,10,11,12,13,15,16 17,18,19, and 20)

Sections 110, 132, 170B and 196ZO of the Act provide that in certain circumstances a person may be entitled to be paid such travelling expenses as are prescribed in the regulations.

The principal regulations prescribed the travelling expenses payable under sections 110, 132 and 170B but inadvertently failed to prescribe travelling expenses under section 196ZO. Section 196ZO allows prescribed travelling expenses to be paid to an applicant to the Specialist Medical Review Council, and any attendant, who incurred expenses while travelling to obtain documentary medical evidence to submit to the Council.

The amendments prescribe the travelling expenses payable to an applicant to the Specialist Medical Review Council and to any attendant by simply extending the principal regulations to include these persons.

Review Amendment (Schedule, proposed paragraph 14)

The principal regulations contain a review procedure in respect of certain decisions.

Previously, where the Repatriation Commission was requested to reconsider a decision there was a specific direction in the principal regulations that it was to take into consideration only the evidence that was before it when it made the first decision.

The Senate Standing Committee on Regulations & Ordinances expressed concern about this situation pointing out that appeal-processes normally allowed the review body to consider any new evidence that had become available and such a body was not confined to the situation of considering only the evidence available at the time of the original decision.

Accordingly the amendments remove the direction that when reconsidering certain decisions the Commission must only have regard to the evidence that was before it when it made the first decision.

Details of each of the amendments are set out in the attachment.

The amendments will commence upon notification in the Gazette.

ATTACHMENT

Veterans' Entitlements Amendment Regulations 1999 (No. 1)

Regulation 1       refers to the name of the amendments - namely the Veterans'

       Entitlements Amendment Regulations 1999.

Regulation 2       provides for the amendments to commence on their

       notification in the Commonwealth Gazette.

Regulation 3       states that the Veterans' Entitlements Regulations are

       amended by schedule 1 of the amendments.

Schedule

Paragraph 1       ensures the title to the principal regulations refers to the year

       on which they were made ie 1986.

Paragraph 2       revises the heading to regulation 9 of the principal regulations

       by including a reference to section 196ZO which is the section

       under which travelling expenses in respect of travel to the

       Specialist Medical Review Council may be prescribed.

Paragraph 3       amends the principal regulations with the result that the

       circumstances in which travelling expenses may be paid under


Back to Top

       the principal regulations are extended to include the situation

       where an applicant to the Specialist Medical Review Council,

       and any attendant, have incurred expenses while travelling to

       obtain documentary medical evidence to submit to the

       Council.

       [Hereinafter an applicant to the Specialist Medical Review

       Council, and any attendant, who incurred expenses while

       travelling to obtain documentary medical evidence to submit

       to the Council will be referred to as 'an applicant to the

       Specialist Medical Review Council, and any attendant']

Paragraph 4       ensures that any person who accompanies an applicant to the

       Specialist Medical Review Council will be regarded as an

       attendant under the current regulations thereby entitling that

       person to travel expenses if the Repatriation Commission

       considered it reasonable for the applicant to have an attendant.

Paragraph 5       ensures that where parking fees are incurred by an applicant to

       the Specialist Medical Review Council, or any attendant, and

       those fees exceed $50 in a period of 6 months, then the

       travelling expenses that may be paid to that person are to

       include the amount by which the parking fees exceed $50.

This amendment simply affords an applicant to the Specialist Medical Review Council, and any attendant, the same 'parking fee benefit' that is payable to other recipients of travelling expense payments under the principal regulations.

Paragraph 6       has the result of defining the 'relevant distance of travel' for

       the purpose of calculating the travelling expenses of an

       applicant to the Specialist Medical Review Council and any

       attendant. The relevant distance will be the distance by the

       most direct practicable route from the applicant's or

       attendant's residence to the place attended by that person to

       obtain relevant documentary medical evidence.

Paragraph 7       ensures that the definition of 'application' in the principal

       regulations, which relates to an application for the payment of

       travelling expenses, includes an application by an applicant to

       the Specialist Medical Review Council, or any attendant, for

       the payment of travelling expenses.

Paragraph 8       ensures that the definition of 'entitled person' in certain

       principal regulations (ie an applicant, and any attendant,

       entitled to travelling expenses incurred for the purpose of

       obtaining relevant documentary medical evidence for the

       purpose of an application to the Veterans' Review Board)

       includes an applicant, and any attendant, entitled to travelling

       expenses incurred for the purpose of obtaining relevant

       documentary medical evidence for the purpose of an


Back to Top

       application to the Specialist Medical Review Council.

Paragraphs 9,10,11       The relevant headings in the principal regulations have been

       changed to reflect the fact that travelling expenses will also be

       payable to an applicant, and any attendant, entitled to

       travelling expenses incurred for the purpose of obtaining

       relevant documentary medical evidence for the purpose of an

       application to the Specialist Medical Review Council.

Paragraph 12       empowers the Repatriation Commission to refuse to pay

       travelling expenses to an applicant to the Specialist Medical

       Review Council and any attendant, and to recover any

       travelling expenses already paid, if such persons fail to supply

       the Commission with written evidence of their travelling

       expenses.

       This amendment subjects an applicant to the Specialist

       Medical Review Council and any attendant to the same

       obligations that exist for an applicant to the Veterans Review

       Board and any attendant who incurred expenses while

       travelling to obtain documentary medical evidence to submit

       to the Board.

Paragraph 13       substitutes a new note alerting readers to the provisions in the

       Act which require advances of travelling expenses to be repaid

       if they were not eventually incurred.

Paragraph 14       has the effect of removing the requirement in the principal

       regulations that, when reconsidering a decision, the

       Repatriation Commission must only have regard to the

       evidence that was before it at the time it made the original

       decision. The Commission may now have regard to new

       evidence when reconsidering a decision.

Paragraph 15       revises the heading to regulation 9AM of the principal

       regulations by including a reference to section 196ZO.

       Regulation 9AM, which regulates payment of travelling

       expenses in the situation where a person travels to one

       destination for two or more purposes, will now also apply to

       an applicant to the Specialist Medical Review Council and any

       attendant.

Paragraph 16       prevents 'double dipping' where an applicant to the Specialist

       Medical Review Council, and any attendant, has incurred

       expenses while travelling to one destination to obtain

       documentary medical evidence to submit to the Council and

       that travel is also for another purpose in respect of which

       travelling expenses may be claimed eg travel to a medical

       practice to obtain treatment (as well as to obtain documentary

       medical evidence).

       This amendment ensures that, in these circumstances, only the

       higher of the travelling expenses in respect of one of the

       purposes will be payable.

       This simply extends the safeguards in the principal regulations

       in respect of 'double dipping' to an applicant to the Specialist

       Medical Review Council and any attendant.

Paragraph 17       revises the note after regulation 9AM by including a reference

       to section 196ZO in an example of how regulation 9AM could

       operate in practice.

Paragraph 18       revises the heading to regulation 9AN of the principal

       regulations by including a reference to section 196ZO.

       Regulation 9AN, which regulates payment of travelling

       expenses where a person travels to more than one location in

       the same town or city, will now apply to an applicant to the

       Specialist Medical Review Council and any attendant.

Paragraph 19        applies to the situation where an applicant to the Specialist

       Medical Review Council and any attendant, travels to more

       than one location within the same city or town for a purpose

or purposes in respect of which travelling expenses may be claimed.

Paragraph 19 ensures that in these circumstances the amount of travelling expenses that is payable is the greatest amount payable under the principal regulations (as amended) for travel to the city or town and the greatest amount payable under the principal regulations (as amended) for travel between each location within that city or town.

The amendment simply extends the rules in the principal regulations in relation to travel to more than one location within a town or city to the situation of an applicant to the Specialist Medical Review Council and any attendant.

Paragraph 20       revises the note after regulation 9AN of the principal

       regulations by including a reference to section 196ZO in an

       example of how regulation 9AN could operate in practice.