Federal Register of Legislation - Australian Government

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SLI 2009 No. 283 Regulations as made
These Regulations amend the Military Rehabilitation and Compensation Regulations 2004 to extend the range of purposes for which information under the Military Rehabilitation and Compensation Act 2004 may be given to Centrelink.
Administered by: Veterans' Affairs
Registered 04 Nov 2009
Tabling HistoryDate
Tabled HR16-Nov-2009
Tabled Senate16-Nov-2009
Date of repeal 19 Mar 2014
Repealed by Veterans' Affairs (Spent and Redundant Instruments) Repeal Regulation 2014

 

EXPLANATORY STATEMENT

Select Legislative Instrument 2009 No. 283

Issued by the Authority of the Minister for Veterans' Affairs

                            Military Rehabilitation and Compensation Act 2004

Military Rehabilitation and Compensation Amendment

Regulations 2009 (No. 1)

 

 

Section 440 of the Military Rehabilitation and Compensation Act 2004 (the MRCA) provides that the Governor-General may make regulations prescribing matters required or permitted by the MRCA to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the MRCA.

 

Section 409 of the MRCA controls the provision of information under that Act.  The section provides, among other things, that the Military Rehabilitation and Compensation Commission may provide information (MRCA information) obtained in the performance of duties under the MRCA to certain people or agencies for certain purposes. 

 

Section 409 also provides that the class of person or agencies to whom MRCA information may be provided (and the purpose for giving that information) may be extended by regulations.

 

The Military Rehabilitation and Compensation Regulations 2004 (the Principal Regulations) provide, among other things, that MRCA information may be given to an employee or contractor of Centrelink for the purposes of administering the social security law.

 

The purpose of the Regulations is to amend the Principal Regulations to extend the range of purposes for which MRCA information may be given to Centrelink.

 

Centrelink operates an information service (Centrelink Confirmation eServices) whereby information about a person may be provided, in appropriate circumstances, to third-parties seeking to confirm the person meets certain criteria.  One situation in which this occurs is where an organisation such as a state transport authority seeks confirmation that under the Veterans’ Entitlements Act 1986 (VEA) a person is receiving a benefit, which entitles them to state concessions. 

 

The Regulations enable the Military Rehabilitation and Compensation Commission to lawfully give MRCA information about a person (MRCA clients) to Centrelink so that Centrelink could lawfully provide that information to an organisation seeking to confirm the status of the person. Currently, the Department of Veterans’ Affairs provides this information in respect of VEA clients but does not have the authority to do so for MRCA clients. In short, the Regulations facilitate the granting of concessions to MRCA clients to the same extent available for other customers of the Department of Veterans’ Affairs.

 

 

Accordingly, the Regulations specify as the new purpose for which information may be given to an employee or contractor of Centrelink giving information relevant to the administration of concessions provided, on the basis of receipt of compensation under the Act, by State, Territory or local government authorities or by organisations prescribed for regulation 9 of the Privacy (Private Sector) Regulations 2001.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

The Regulations incorporate a document by reference.  The document is the Privacy (Private Sector) Regulations 2001 and the document may be found on the internet at http://www.comlaw.gov.au

 

The Office of the Privacy Commissioner was consulted in respect of the attached Regulations.  The Office had no objections to what was being proposed.

 

 

 

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