This instrument is the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2026.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 July 2026.	1 July 2026

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) Commission;

(b) eligible person.

In this instrument:

Act means the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

attendant means a person who is authorised by the Commission under subsection 19(2) of the Act to accompany an eligible person as the eligible person’s attendant.

Part 2—Travelling expenses

6 Prescribed travelling expenses for eligible persons

For the purposes of subsection 19(1) of the Act, the following are prescribed travelling expenses in relation to an eligible person:

(a) costs of travel by the eligible person for the purpose of the eligible person obtaining treatment;

(b) costs of accommodation in connection with travel by the eligible person for the purpose of the eligible person obtaining treatment.

7 Conditions for payment of an eligible person’s travelling expenses

(1) For the purposes of paragraph 19(1)(c) of the Act, this section prescribes conditions that must be satisfied for an eligible person to be entitled to be paid travelling expenses in connection with travel for the purpose of obtaining treatment.

Costs of an eligible person’s travel

(2) The Commonwealth is liable to pay travelling expenses to the eligible person for any costs of travel if:

(a) the costs are incurred in respect of travel that is made by the person that is necessary for the person to obtain treatment for an injury or disease of the person; and

(b) any one or more of the following applies:

(i) if the travel is by ambulance services—the person’s injury or disease reasonably requires using those services;

(ii) the travel is by public transport;

(iii) if the travel is by means other than public transport or ambulance services—it is unreasonable for the person to use public transport having regard to the nature of the person’s injury or disease, or public transport is unavailable.

Costs of an eligible person’s accommodation

(3) The Commonwealth is liable to pay travelling expenses to an eligible person for any costs of accommodation in connection with travel if:

(a) the person undertakes travel that is necessary for the person to obtain treatment for an injury or disease of the person; and

(b) it is necessary for the person to remain at the place to which the travel was made to obtain the treatment; and

8 Prescribed travelling expenses for an eligible person’s attendant

For the purposes of subsection 19(2) of the Act, the following are prescribed travelling expenses in relation to an eligible person’s attendant:

(a) costs of travel by the attendant for the purpose of the eligible person obtaining treatment;

(b) costs of accommodation in connection with travel by the attendant for the purpose of the eligible person obtaining treatment.

9 Conditions for payment of an attendant’s travelling expenses

(1) For the purposes of paragraph 19(2)(c) of the Act, this section prescribes conditions that must be satisfied for an attendant to be entitled to be paid travelling expenses in connection with travel for the purpose of accompanying an eligible person.

Costs of an attendant’s travel

(2) The Commonwealth is liable to pay travelling expenses to the attendant for any costs of travel if:

(a) the costs are incurred in respect of the attendant’s travel for the purpose of accompanying an eligible person; and

(b) any one or more of the following applies:

(i) if the travel is by ambulance services—the eligible person’s injury or disease reasonably requires using those services;

(ii) the travel is by public transport;

(iii) if the travel is by means other than public transport or ambulance services—it is unreasonable for the eligible person to use public transport having regard to the nature of the eligible person’s injury or disease, or public transport is unavailable.

Costs of an attendant’s accommodation

(3) The Commonwealth is liable to pay travelling expenses to the attendant for any costs of accommodation in connection with travel if:

(a) the Commission approves the attendant to accompany an eligible person for travel that is necessary for the eligible person to obtain treatment for an injury or disease of the patient; and

(b) it is necessary for the eligible person and the attendant to remain at the place to which the travel was made to obtain that treatment; and

10 Amount for costs of travel

(1) The amount that the Commonwealth is liable to pay under subsections 19(1) and (2) of the Act, in relation to costs of travel prescribed by paragraphs 6(a) and 8(a) of this instrument, is the amount of those costs determined by the Commission to have been reasonably incurred in respect of the travel.

(2) In determining an amount under subsection (1), the Commission may determine the amount of the costs of the travel (the journey) using the following formula:

(3) To avoid doubt, the Commission may decide to use the formula to determine the amount of the costs of travel for some journeys and decide not to use the formula to determine the amount of the costs of travel for other journeys.

Note: For example, the Commission might use the formula if a person used a private vehicle to make a journey, but not if a person flew on a commercial airline.

(4) In this section:

length of the journey in kilometres means the number of whole kilometres in the journey.

specified rate per kilometre means the rate per kilometre specified in an instrument under subsection 16(6) of the Safety, Rehabilitation and Compensation Act 1988 (as that instrument is in force from time to time).

11 Amount for costs of accommodation

The amount that the Commonwealth is liable to pay under subsections 19(1) and (2) of the Act, in relation to costs of accommodation prescribed by paragraphs 6(b) and 8(b) of this instrument, is the amount of those costs determined by the Commission to have been reasonably incurred in respect of the accommodation.

12 Matters to be considered in claims for travel and accommodation

In determining issues arising under this Part, the Commission must have regard to the following matters:

(a) the places where appropriate treatment was available to the eligible person;

(b) the means of transport available to the eligible person for travel to those places for the treatment;

(d) the routes by which the eligible person could have travelled;

(e) the accommodation available to the eligible person at the place to which the travel was made;

(f) any other relevant matters.

Part 3—Application saving and transitional provisions

13 Transitional arrangements in relation to the commencement of this instrument

(1) This instrument applies in relation to travel, and accommodation in connection with travel, if the travel starts on or after 1 July 2026.

(2) Despite the repeal of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Regulations 2007 by Schedule 1 to this instrument, those Regulations, as in force immediately before 1 July 2026, continue to apply on and after that date in relation to travel, and accommodation in connection with travel, if the travel starts before that date.