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This is a Bill, not an Act. For current law, see the Acts databases.
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence, Veterans' and Families' Acute
Support Package Bill 2022
No. , 2022
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' entitlements and military rehabilitation
and compensation, and for related purposes
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Military Rehabilitation and Compensation Act 2004
3
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
7
Veterans' Entitlements Act 1986
10
Part 2--Other amendments
16
Income Tax Assessment Act 1997
16
Social Security Act 1991
16
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
1
A Bill for an Act to amend the law relating to
1
veterans' entitlements and military rehabilitation
2
and compensation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Defence, Veterans' and Families' Acute Support
6
Package Act 2022.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 7 days
beginning on the day this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Military Rehabilitation and Compensation Act 2004
3
1 Section 3
4
Omit "counselling or", substitute "counselling and".
5
2 Section 268A
6
Omit "counselling or", substitute "counselling and".
7
3 Chapter 5A (heading)
8
Omit "
Family
", substitute "
Acute
".
9
4 Part 1 of Chapter 5A (heading)
10
Omit "
Family
", substitute "
Acute
".
11
5 Section 268A
12
Omit all the words from and including "The member" to and including
13
"July 2004.".
14
6 Section 268B
15
Repeal the section, substitute:
16
268B Acute support package
17
Acute support package
18
(1) The Commission may, by legislative instrument, make provision
19
for and in relation to the granting of a package (an
acute support
20
package
) of assistance or benefits of a specified kind to a person:
21
(a) who is a member or former member; or
22
(b) who is or was a related person of a member, former member
23
or deceased member;
24
to assist the person to adjust to challenging life circumstances.
25
Schedule 1
Amendments
Part 1
Main amendments
4
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
Note:
Decisions of the Commission under this instrument are reviewable
1
(see section 345B).
2
Eligibility criteria for acute support package
3
(2) The instrument must provide that a person is not eligible for an
4
acute support package unless the criteria mentioned in
5
subsection (3), (4), (5) or (6) are satisfied.
6
(3) If the person is a member or former member, the criteria are as
7
follows:
8
(a) the person is under 65 years of age at the time the person's
9
eligibility for an acute support package is determined;
10
(b) the person is receiving, or is eligible to receive,
11
compensation for incapacity under Part 3 or 4 of Chapter 4 or
12
a Special Rate Disability Pension;
13
(c) the Commission is satisfied that the person, or a related
14
person, is experiencing, or is at risk of experiencing, crisis.
15
(4) If the person is a related person of a member or former member,
16
the criteria are as follows:
17
(a) the member or former member is under 65 years of age at the
18
time the person's eligibility for an acute support package is
19
determined;
20
(b) the member or former member is receiving, or is eligible to
21
receive, compensation for incapacity under Part 3 or 4 of
22
Chapter 4 or a Special Rate Disability Pension;
23
(c) the Commission is satisfied that the person is experiencing,
24
or is at risk of experiencing, crisis.
25
(5) If the person is a wholly dependent partner of a deceased member,
26
the criteria are as follows:
27
(a) the person is under 65 years of age at the time the person's
28
eligibility for an acute support package is determined;
29
(b) the deceased member's death occurred no more than 2 years
30
before the day the person's eligibility for the package is
31
determined;
32
(c) either:
33
(i) the deceased member's death was related to service
34
rendered by the member; or
35
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
5
(ii) the Commission is satisfied that the deceased member's
1
death was a suicide related to service rendered by the
2
member.
3
(6) If the person was the partner of a member or former member, the
4
criteria are as follows:
5
(a) the person is under 65 years of age at the time the person's
6
eligibility for an acute support package is determined;
7
(b) at the time the person's eligibility for the package is
8
determined, either or both of the following apply:
9
(i) the person ceased being the member's or former
10
member's partner within the previous 12 months;
11
(ii) a child of the member or former member who is under
12
18 years lives with the person;
13
(c) the Commission is satisfied that the person is experiencing,
14
or is at risk of experiencing, crisis.
15
Instrument may deal with various matters
16
(7) Without limiting subsection (1), the instrument may make
17
provision for and in relation to the following:
18
(a) additional eligibility criteria for an acute support package;
19
(b) criteria for the granting of assistance or benefits;
20
(c) the kinds of assistance or benefits that may be granted, which
21
may include child care, counselling, household assistance,
22
services to build capacity and academic and extra-curricular
23
support for children;
24
(d) the conditions on which assistance or benefits are granted;
25
(e) limits (whether financial or otherwise) on the provision of
26
assistance or benefits;
27
(f) the suspension or cancellation of the provision of assistance
28
or benefits;
29
(g) arrangements for the payment of assistance or benefits.
30
(8) Without limiting paragraph (7)(a) or (b), the criteria may depend
31
on the Commission being satisfied of one or more specified
32
matters.
33
Schedule 1
Amendments
Part 1
Main amendments
6
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
Definition of related person--extended meaning of member
1
(9) For the purposes of the definition of
related person
in
2
subsection 15(2), a reference to a member includes a reference to a
3
deceased member.
4
Note:
A reference to a member in that definition also includes a reference to
5
a former member (see section 20).
6
7 At the end of Part 1 of Chapter 8
7
Add:
8
345B Application of this Chapter to decisions about acute support
9
packages
10
This Chapter applies in relation to a decision by the Commission
11
under an instrument made under section 268B (about acute support
12
packages) as if:
13
(a) a reference to a claimant were a reference to the person to
14
whom the decision relates; and
15
(b) a reference to a claim were omitted.
16
8 After paragraph 415(1)(a)
17
Insert:
18
(aa) an amount is paid under an instrument made under
19
section 268B to a person as a result of a false or misleading
20
statement or representation, or a failure or omission to
21
comply with this Act or the instrument; or
22
9 Transitional provision
23
(1)
This item applies to a person if, immediately before the commencement
24
of this item, the person had been granted assistance or benefits under an
25
instrument made under section 286B of the
Military Rehabilitation and
26
Compensation Act 2004
, as in force immediately before that
27
commencement.
28
(2)
Despite the repeal of section 268B of the
Military Rehabilitation and
29
Compensation Act 2004
by this Part, the instrument made under that
30
section, as in force immediately before that repeal, continues to apply in
31
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
7
relation to the assistance or benefits granted to the person before the
1
commencement of this item.
2
Safety, Rehabilitation and Compensation (Defence-related
3
Claims) Act 1988
4
10 Subsection 4(1)
5
Insert:
6
related person
of another person means:
7
(a) any of the following:
8
(i) the spouse of the other person;
9
(ii) a parent or step-parent of the other person;
10
(iii) a parent or step-parent of the partner of the other person;
11
(iv) a grandparent of the other person;
12
(v) a child or stepchild of the other person;
13
(vi) a child or stepchild of the partner of the other person;
14
(vii) a grandchild of the other person;
15
(viii) a sibling or half-sibling of the other person; or
16
(b) a person in respect of whom the other person stands in the
17
position of a parent; or
18
(c) a person who stands in the position of a parent to the other
19
person.
20
11 After Part III
21
Insert:
22
Part IIIA--Acute support
23
24
41B Acute support package
25
Acute support package
26
(1) The MRCC may, by legislative instrument, make provision for and
27
in relation to the granting of a package (an
acute support package
)
28
of assistance or benefits of a specified kind to a person:
29
(a) who is an employee; or
30
Schedule 1
Amendments
Part 1
Main amendments
8
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
(b) who is or was a related person of an employee or deceased
1
employee;
2
to assist the person to adjust to challenging life circumstances.
3
Note:
Decisions of the MRCC under the instrument are reviewable (see
4
section 60A).
5
Eligibility criteria for an acute support package
6
(2) The instrument must provide that a person is not eligible for an
7
acute support package unless the criteria mentioned in
8
subsection (3), (4), (5) or (6) are satisfied.
9
(3) If the person is an employee, the criteria are as follows:
10
(a) the person is under 65 years of age at the time the person's
11
eligibility for an acute support package is determined;
12
(b) the person is receiving, or is eligible to receive,
13
compensation under Division 3 of Part II;
14
(c) the MRCC is satisfied that the person, or a related person, is
15
experiencing, or is at risk of experiencing, crisis.
16
(4) If the person is a related person of an employee, the criteria are as
17
follows:
18
(a) the employee is under 65 years of age at the time the person's
19
eligibility for an acute support package is determined;
20
(b) the employee is receiving, or is eligible to receive,
21
compensation under Division 3 of Part II;
22
(c) the MRCC is satisfied that the person is experiencing, or is at
23
risk of experiencing, crisis.
24
(5) If the person was the spouse of an employee immediately before
25
the employee's death, the criteria are as follows:
26
(a) the person was wholly or partly dependent on the employee
27
at the date of the employee's death;
28
(b) the person is under 65 years of age at the time the person's
29
eligibility for an acute support package is determined;
30
(c) the deceased employee's death occurred no more than 2 years
31
before the day the person's eligibility for the package is
32
determined;
33
(d) the deceased employee's death resulted from an injury.
34
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
9
(6) If the person was the spouse of an employee, the criteria are as
1
follows:
2
(a) the person is under 65 years of age at the time the person's
3
eligibility for an acute support package is determined;
4
(b) at the time the person's eligibility for the package is
5
determined, either or both of the following apply:
6
(i) the person ceased being the employee's spouse within
7
the previous 12 months;
8
(ii) a child of the employee who is under 18 years lives with
9
the person;
10
(c) the Commission is satisfied that the person is experiencing,
11
or is at risk of experiencing, crisis.
12
Instrument may deal with various matters
13
(7) Without limiting subsection (1), the instrument may make
14
provision for and in relation to the following:
15
(a) additional eligibility criteria for an acute support package;
16
(b) criteria for the granting of assistance or benefits;
17
(c) the kinds of assistance or benefits that may be granted, which
18
may include child care, counselling, household assistance,
19
services to build capacity and academic and extra-curricular
20
support for children;
21
(d) the conditions on which assistance or benefits are granted;
22
(e) limits (whether financial or otherwise) on the provision of
23
assistance or benefits;
24
(f) the suspension or cancellation of the provision of assistance
25
or benefits;
26
(g) arrangements for the payment of assistance or benefits.
27
(8) Without limiting paragraph (7)(a) or (b), the criteria may depend
28
on the MRCC being satisfied of one or more specified matters.
29
12 After section 60
30
Insert:
31
Schedule 1
Amendments
Part 1
Main amendments
10
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
60A Application of this Part to decisions about acute support
1
packages
2
This Part applies in relation to a decision by the MRCC under an
3
instrument made under section 41B (about acute support packages)
4
as if:
5
(a) a reference to a determination included a reference to a
6
decision by the MRCC under that instrument; and
7
(b) a reference to a claimant were a reference to the person to
8
whom the decision relates.
9
13 After paragraph 114(1)(a)
10
Insert:
11
(aa) an amount is paid under an instrument made under
12
section 41B to a person as a result of a false or misleading
13
statement or representation, or a failure or omission to
14
comply with this Act or the instrument; or
15
14 After subsection 152(1)
16
Insert:
17
(1A) The MRCC may, by resolution, delegate any of its functions or
18
powers under an instrument made under section 41B to a person to
19
whom it can, under section 384 of the MRCA, delegate functions
20
or powers under that Act.
21
15 After subsection 160(1A)
22
Insert:
23
(1B) The Consolidated Revenue Fund is appropriated for the purposes
24
of paying assistance or benefits granted under an instrument made
25
under section 41B.
26
Veterans' Entitlements Act 1986
27
16 At the end of subsection 5H(8)
28
Add:
29
(zze) a payment under an instrument made under any of the
30
following:
31
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
11
(i) section 115S of this Act;
1
(ii) section 268B of the MRCA;
2
(ii) section 41B of the
Safety, Rehabilitation and
3
Compensation (Defence-related Claims) Act 1988
.
4
17 After Part VIB
5
Insert:
6
Part VIC--Acute support
7
8
115S Acute support package
9
Acute support package
10
(1) The Commission may, by legislative instrument, make provision
11
for and in relation to the granting of a package (an
acute support
12
package
) of assistance or benefits of a specified kind to a person:
13
(a) who is a veteran; or
14
(b) who is or was a related person of a veteran or a deceased
15
veteran;
16
to assist the person to adjust to challenging life circumstances.
17
Note:
Decisions of the Commission under the instrument are reviewable (see
18
section 135A).
19
Eligibility criteria for an acute support package
20
(2) The instrument must provide that a person is not eligible for an
21
acute support package unless the criteria mentioned in
22
subsection (3), (4), (5) or (6) are satisfied.
23
(3) If the person is a veteran, the criteria are as follows:
24
(a) the person is under 65 years of age at the time the person's
25
eligibility for an acute support package is determined;
26
(b) the person is receiving, or is eligible to receive, a pension at a
27
rate provided for by section 23, 24 or 25 or a veteran
28
payment;
29
(c) the Commission is satisfied that the person, or a related
30
person, is experiencing, or is at risk of experiencing, crisis.
31
Schedule 1
Amendments
Part 1
Main amendments
12
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
(4) If the person is a related person of a veteran, the criteria are as
1
follows:
2
(a) the veteran is under 65 years of age at the time the person's
3
eligibility for an acute support package is determined;
4
(b) the veteran is receiving, or is eligible to receive, a pension at
5
a rate provided for by section 23, 24 or 25 or a veteran
6
payment;
7
(c) the Commission is satisfied that the person is experiencing,
8
or is at risk of experiencing, crisis.
9
(5) If the person is a war widow or war widower, the criterion is that
10
the person is under 65 years of age at the time the person's
11
eligibility for an acute support package is determined.
12
(6) If the person was the partner of a veteran, the criteria are as
13
follows:
14
(a) the person is under 65 years of age at the time the person's
15
eligibility for an acute support package is determined;
16
(b) at the time the person's eligibility for the package is
17
determined, either or both of the following apply:
18
(i) the person ceased being the veteran's spouse within the
19
previous 12 months;
20
(ii) a child of the veteran who is under 18 years lives with
21
the person;
22
(c) the Commission is satisfied that the person is experiencing,
23
or is at risk of experiencing, crisis.
24
Instrument may deal with various matters
25
(7) Without limiting subsection (1), the instrument may make
26
provision for and in relation to the following:
27
(a) additional eligibility criteria for an acute support package;
28
(b) criteria for the granting of assistance or benefits;
29
(c) the kinds of assistance or benefits that may be granted, which
30
may include child care, counselling, household assistance,
31
services to build capacity and academic and extra-curricular
32
support for children;
33
(d) the conditions on which assistance or benefits are granted;
34
(e) limits (whether financial or otherwise) on the provision of
35
assistance or benefits;
36
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
13
(f) the suspension or cancellation of the provision of assistance
1
or benefits;
2
(g) arrangements for the payment of assistance or benefits.
3
(8) Without limiting paragraph (7)(a) or (b), the criteria may depend
4
on the Commission being satisfied of one or more specified
5
matters.
6
Meaning of related person etc.
7
(9) For the purposes of this section, a
related person
of a veteran is:
8
(a) any of the following persons:
9
(i) the partner of the veteran;
10
(ii) a parent or step-parent of the veteran;
11
(iii) a parent or step-parent of the partner of the veteran;
12
(iv) a grandparent of the veteran;
13
(v) a child of the veteran;
14
(vi) a child of the partner of the veteran;
15
(vii) a grandchild of the veteran;
16
(viii) a sibling of the veteran; or
17
(b) a person in respect of whom the veteran stands in the position
18
of a parent; or
19
(c) a person who stands in the position of a parent to the veteran.
20
(10) For the purposes of this section, the
partner
of a veteran is a person
21
in respect of whom at least one of the following applies:
22
(a) if the veteran is a member of the Aboriginal race of Australia
23
or a descendant of Indigenous inhabitants of the Torres Strait
24
Islands--the person is recognised as the veteran's husband,
25
wife or spouse by the custom prevailing in the group to
26
which the veteran belongs;
27
(b) the person is legally married to the veteran;
28
(c) a relationship between the person and the veteran (whether
29
the person and the member are the same sex or different
30
sexes) is registered under a law of a State or Territory
31
prescribed for the purposes of section 2E of the
Acts
32
Interpretation Act 1901
as a kind of relationship prescribed
33
for the purposes of that section;
34
Schedule 1
Amendments
Part 1
Main amendments
14
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
(d) the person (whether of the same sex or a different sex to the
1
member):
2
(i) is, in the Commission's opinion, in a de facto
3
relationship with the veteran; and
4
(ii) is not an ancestor, descendant, brother, sister,
5
half-brother or half-sister of the veteran.
6
(11) The definition of
child
in subsection 5F(1) does not apply for the
7
purposes of this section.
8
18 Subsection 132(5)
9
After "135", insert "or 135A".
10
19 After section 135
11
Insert:
12
135A Review of decisions relating to acute support packages
13
(1) If:
14
(a) the Commission makes a decision in relation to a person
15
under an instrument made under section 115S (about acute
16
support packages); and
17
(b) the person is dissatisfied with the decision;
18
the person may make an application to the Board for a review of
19
the decision of the Commission.
20
(2) An application for review must be made within 3 months after the
21
decision is made.
22
20 At the end of section 136
23
Add:
24
(4) An application under subsection (1) relating to a decision under an
25
instrument made under section 115S (about acute support
26
packages) may be made by the person to whom the decision
27
relates.
28
21 Subsection 137(1)
29
After "or (3)", insert "or 135A(1)".
30
Amendments
Schedule 1
Main amendments
Part 1
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
15
22 Section 137A
1
After "135", insert "or 135A".
2
23 Paragraph 175(1)(a)
3
After "135", insert "or 135A".
4
24 After paragraph 199(da)
5
Insert:
6
(e) assistance or benefits granted under an instrument made
7
under section 115S; and
8
Schedule 1
Amendments
Part 2
Other amendments
16
Defence, Veterans' and Families' Acute Support Package Bill 2022
No. , 2022
Part 2--Other amendments
1
Income Tax Assessment Act 1997
2
25 Section 11-15 (before
table item headed "agricultural
3
industry exit grants
")
4
Insert:
5
acute support packages for veterans and their families
acute support packages for veterans and their families ...... 52-185
26 At the end of Subdivision 52-H
6
Add:
7
52-185 Acute support packages are exempt
8
Payments under an instrument made under any of the following are
9
exempt from income tax:
10
(a) section 268B of the
Military Rehabilitation and
11
Compensation Act 2004
;
12
(b) section 41B of the
Safety, Rehabilitation and Compensation
13
(Defence-related Claims) Act 1988
;
14
(c) section 115S of the
Veterans' Entitlements Act 1986
.
15
27 Application of amendments
16
The amendments made by items 25 and 26 of this Schedule apply to
17
assessments for the 2022-23 income year and later income years.
18
Social Security Act 1991
19
28 After paragraph 8(8)(zs)
20
Insert:
21
(zsa) a payment under an instrument made under any of the
22
following:
23
(i) section 268B of the
Military Rehabilitation and
24
Compensation Act 2004
;
25
(ii) section 41B of the
Safety, Rehabilitation and
26
Compensation (Defence-related Claims) Act 1988
;
27
Amendments
Schedule 1
Other amendments
Part 2
No. , 2022
Defence, Veterans' and Families' Acute Support Package Bill 2022
17
(iii) section 115S of the
Veterans' Entitlements Act 1986
;
1