Federal Register of Legislation - Australian Government

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No. 5 of 1998 Schemes as made
Enables the Repatriation Commission, instead of the Secretary of the Department of Veterans' Affairs, to decide if a grant made under the Veterans' Vocational Rehabilitation Scheme has been misapplied.
Administered by: Veterans' Affairs
General Comments: The Instrument varying the Veterans' Vocational Rehabilitation Scheme under subsection 115B(2) of the Veterans' Entitlements Act 1986 was approved by the Minister for Veterans' Affairs on 1 May 1998: see Supporting Material.
Registered 17 May 2005
Tabling HistoryDate
Tabled HR12-May-1998
Tabled Senate13-May-1998
Gazetted 03 Jun 1998
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014




INSTRUMENT No.5 of 1998




Section 115B


The Minister for Veterans' Affairs has approved, under subsection 115B(3) of the

Veterans' Entitlements Act 1986 (the Act), the attached instrument, No.5 of 1998, to

vary the Veterans' Vocational Rehabilitation Scheme (the Scheme), as prepared by

the Repatriation Commission under subsection 115B(2) of the Act.


The Scheme assists specified classes of veterans to find employment and to continue

in employment.  The Chairman of the Senate Standing Committee on Regulations and

Ordinances wrote to the Minister on 5 March 1998 about the Scheme, being

Instrument No.5 of 1997, made under the Act. The Committee noted that clause 4.5.2

of the Scheme gives the Secretary a discretion to determine whether or not a grant

under the Scheme has been applied for a proper purpose.  It was concerned that:


·        there did not appear to be any provision in the Act which allowed for review of any

decisions of the Secretary; and


·        the Explanatory Statement appeared to the Committee to be misleading as it did

not explain that the reference to rights of review to decisions made under the

Scheme are those of the Commission only.


Chapter 5 of the Scheme deals with rights of review of decisions of the Commission.

To address the concerns raised by,the Senate Committee, the word "Secretary" has

been replaced with the word "Commission" in clause 4.5.2 of the Scheme as a result

of which any determination made under this clause will now be reviewable.


The Act requires the Repatriation Commission to consult with such organisations and

associations that represent the interests of the veteran community before making,

varying or revoking a Veterans' Vocational Rehabilitation Scheme.


Leading national ex-service organisation groups were consulted and have agreed to

the variation.