Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Veterans’
Affairs Legislation Amendment (2001 Budget Measures) Bill
2001
No. ,
2001
(Veterans’
Affairs)
A Bill for an Act to amend the
Veterans’ Entitlements Act 1986, and for related
purposes
ISBN: 0642 460175
Contents
Veterans’ Entitlements Act
1986 3
Veterans’ Entitlements Act
1986 14
Veterans’ Entitlements Act
1986 15
Veterans’ Entitlements Act
1986 23
A Bill for an Act to amend the Veterans’
Entitlements Act 1986, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Veterans’ Affairs Legislation
Amendment (2001 Budget Measures) Act 2001.
(1) Sections 1, 2 and 3 and Schedules 1 and 3 commence on the
day on which this Act receives the Royal Assent.
(2) Schedule 2 is taken to have commenced on 1 July
2001.
(3) Items 1 and 3 of Schedule 4 commence at the later
of:
(a) the time that is immediately after the commencement of Schedule 1
to this Act; and
(b) the time when Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 commence.
(4) Item 2 of Schedule 4 commences at the later of:
(a) the time that is immediately after the commencement of Schedule 3
to this Act; and
(b) the time when Parts 4 to 10 of the Administrative Review
Tribunal Act 2001 commence.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Veterans’
Entitlements Act 1986
1 Subsection 7A(1)
Omit “Part III”, substitute “Parts III and
VA”.
2 After Part V
Insert:
(1) In this Part:
pharmaceutical benefits has the same meaning as in subsection
91(9).
pharmaceutical benefits scheme means an approved
scheme within the meaning of subsection 91(9).
(2) In this Part, a person is the holder of a pharmaceutical
benefits card under this Part while there is in force under
section 93X a determination that the person is entitled to a pharmaceutical
benefits card under this Part.
(1) If a Commonwealth veteran, allied veteran or allied mariner is the
holder of a pharmaceutical benefits card under this Part, then the veteran or
mariner may obtain pharmaceutical benefits under the pharmaceutical benefits
scheme as if the veteran or mariner were a person who is eligible to be provided
with treatment under Part V.
Note 1: For the meanings of Commonwealth
veteran, allied veteran and allied mariner,
see subsection 5C(1).
Note 2: Apart from enabling the obtaining of pharmaceutical
benefits, subsection 93L(1) has the effect of applying provisions of Part V
such as section 93 (Recovery of costs of treatment), section 93B
(False statements relating to treatment) and section 93C (Knowingly making
false statements relating to treatment) to the veteran or mariner in respect of
pharmaceutical benefits provided to the veteran or mariner.
(2) Nothing in this section entitles a Commonwealth veteran, allied
veteran or allied mariner to be provided with a form of treatment, other than
pharmaceutical benefits, under Part V.
(1) A Commonwealth veteran, an allied veteran or an allied mariner is
eligible for a pharmaceutical benefits card under this Part if the veteran or
mariner:
(a) is 70 years of age or older; and
(b) has rendered qualifying service during a period covered by
paragraph (a) or (b) of the definition of period of
hostilities in subsection 5B(1); and
(c) has been an Australian resident for a continuous period of at least 10
years.
Note 1: For qualifying service see
section 7A and Division II of Part III.
Note 2: For Australian resident see
section 5G.
(2) If:
(a) a Commonwealth veteran, allied veteran or allied mariner has been an
Australian resident during more than one period; and
(b) the longer or longest of those periods is less than 10 years but is
not less than 5 years; and
(c) the aggregate of those periods is more than 10 years;
then, in the application of paragraph (1)(c) to the veteran, the
period of 10 years specified in that paragraph is to be reduced by a period
equal to the period by which the aggregate is more than 10 years.
Even though a person is eligible for a pharmaceutical benefits card under
this Part, it is only if the person is the holder of a pharmaceutical benefits
card under this Part that pharmaceutical benefits under the pharmaceutical
benefits scheme may be provided to the person by the Commonwealth.
Note: For holder of a pharmaceutical benefits card
under this Part see subsection 93K(2).
A person who wants to be granted a pharmaceutical benefits card under
this Part must make a proper claim.
Note: For proper claim see section 93R
(form), section 93S (manner of lodgment) and section 93T
(residence/presence in Australia).
(1) Subject to subsection (2), a claim must be made by:
(a) the person who wants to be granted a pharmaceutical benefits card
under this Part; or
(b) with the approval of the person—another person on the
person’s behalf.
(2) If the person is unable, because of physical or mental incapacity, to
approve another person to make the claim on his or her behalf, the Commission
may approve another person to make the claim.
To be a proper claim, the claim must be:
(a) made in writing; and
(b) in accordance with a form approved by the Commission; and
(c) accompanied by any evidence available to the claimant that the
claimant considers may be relevant to the claim.
(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved for this purpose by the Commission; or
(c) with a person approved for this purpose by the Commission.
(2) A place or person approved under subsection (1) must be a place
or person in Australia.
(3) A claim for a pharmaceutical benefits card under this Part is taken to
have been lodged on the day it is received:
(a) at an office of the Department in Australia; or
(b) at a place approved under subsection (1); or
(c) by a person approved under subsection (1).
A claim is not a proper claim unless the person making the claim, or on
whose behalf the claim is being made, is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
Note: For Australian resident see
section 5G.
(1) A claimant for a pharmaceutical benefits card under this Part or a
person on behalf of a claimant may withdraw a claim that has not been
determined.
(2) A claim that is withdrawn is taken to have not been made.
(3) A withdrawal may be made orally or in writing.
Written withdrawal of a claim
(4) A written withdrawal of a claim must be lodged at an office of the
Department in Australia.
Oral withdrawal of a claim
(5) An oral withdrawal of a claim must be made to a person in an office of
the Department in Australia.
Acknowledgment of oral withdrawal of a claim
(6) As soon as practicable after receiving an oral withdrawal of a claim,
the Secretary must give the claimant an acknowledgment notice in writing stating
that:
(a) an oral withdrawal of the claim was made; and
(b) the claimant, or a person on behalf of the claimant, may, within 28
days from the day the acknowledgment notice is given, request the Secretary to
treat the withdrawal as if it had not been made.
Reactivating the withdrawn claim
(7) If, within 28 days from the day on which the Secretary gave the
acknowledgment notice, a claimant, or a person on behalf of a claimant, requests
the Secretary to treat the oral withdrawal of the claim as if it had not been
made, the oral withdrawal is taken not to have been made.
Note: A request made under paragraph (6)(b) has the
effect of reactivating the claim. In particular, the commencement day of the
claim stays the same.
(1) If a person makes a proper claim for a pharmaceutical benefits card
under this Part, the Secretary must investigate the matters to which the claim
relates.
(2) When the investigation is completed, the Secretary must submit the
claim to the Commission for consideration and determination.
(3) When the claim is submitted to the Commission it must be accompanied
by:
(a) any evidence supplied by the claimant in support of the claim;
and
(b) any documents or other evidence obtained by the Department in the
course of the investigation that are relevant to the claim; and
(c) any other documents or other evidence under the control of the
Department that are relevant to the claim.
(1) When the claim is submitted to the Commission, the Commission must
consider all matters that are, in the Commission’s opinion, relevant to
the claim and must then determine the claim.
(2) In considering the claim, the Commission must:
(a) satisfy itself with respect to; or
(b) determine;
(as the case requires) all matters relevant to the determination of the
claim.
(3) Without limiting subsection (1), the Commission, in considering
the claim, must consider:
(a) the evidence submitted with the claim under section 93V;
and
(b) any further evidence subsequently submitted to the Commission in
relation to the claim.
Note: A claimant may apply to the Commission for review of a
determination made under this section (see section 93Z).
The Commission must determine that a person is entitled to a
pharmaceutical benefits card under this Part if the Commission is satisfied that
the person is eligible for the card.
(1) A determination under section 93X takes effect:
(a) if the determination is made before 1 January 2002—on
1 January 2002 or on such later day as is specified in the determination;
or
(b) if the determination is made after 1 January 2002—on the
day that the determination is made or on such later day or earlier day as is
specified in the determination.
(2) For the purposes of paragraph (1)(b), a day before 1 January
2002 may not be specified as an earlier day.
A claimant who is dissatisfied with a decision of the Commission in
relation to a claim for a pharmaceutical benefits card under this Part may
request the Commission to review the decision.
(1) A request for review of a decision under section 93Z
must:
(a) be made within 3 months after the person seeking review was notified
of the decision; and
(b) set out the grounds on which the request is made; and
(c) be in writing.
(2) If a request for review of a decision is made in accordance with
subsection (1), the Commission must review the decision.
(1) If the Commission reviews a decision under this Division, the
Commission must affirm the decision or set it aside.
(2) If the Commission sets the decision aside it must substitute a new
decision in accordance with this Act.
Note: For the Commission’s evidence gathering powers
see section 93ZF.
(1) If the Commission sets aside a decision and substitutes for it a
decision that a person is entitled to a pharmaceutical benefits card under this
Part, the substituted decision takes effect from a date specified by the
Commission.
(2) The date specified by the Commission must not be earlier than the date
from which, had the Commission determined that the person is entitled to a
pharmaceutical benefits card under this Part, such a determination could have
taken effect.
(1) When the Commission reviews a decision under this Division it must
make a written record of its decision upon review.
(2) The written record must include a statement that:
(a) sets out the Commission’s findings on material questions of
fact; and
(b) refers to the evidence or other material on which those findings are
based; and
(c) provides reasons for the Commission’s decision.
(1) If the Commission affirms or sets aside a decision under this
Division, it must give the person who requested the review of the
decision:
(a) a copy of the Commission’s decision; and
(b) subject to subsection (2), a copy of the statement about the
decision referred to in subsection 93ZD(2); and
(c) if the person has a right to apply to the Administrative Appeals
Tribunal for a review of the Commission’s decision—a statement
giving the person particulars of that right.
(2) If the statement referred to in paragraph (1)(b) contains any
matter that, in the opinion of the Commission:
(a) is of a confidential nature; or
(b) might, if communicated to the person who requested review, be
prejudicial to his or her physical or mental health or well-being;
then the copy given to the person must not contain that matter.
(1) The Commission or the Commission’s delegate may, in reviewing a
decision under this Division:
(a) take evidence on oath or affirmation for the purposes of the review;
and
(b) adjourn a hearing of the review from time to time.
(2) The presiding member of the Commission or the Commission’s
delegate may, for the purposes of the review:
(a) summon a person to appear at a hearing of the review to give evidence
and to produce such documents (if any) as are referred to in the summons;
and
(b) require a person appearing at a hearing of the review for the purpose
of giving evidence either to take an oath or to make an affirmation;
and
(c) administer an oath or affirmation to a person so appearing.
(3) The person who applied for the review under this Division is a
competent and compellable witness upon the hearing of the review.
(4) The oath or affirmation to be taken or made by a person for the
purposes of this section is an oath or affirmation that the evidence that the
person will give will be true.
(5) The Commission’s power under paragraph (1)(a) to take
evidence on oath or affirmation:
(a) may be exercised on behalf of the Commission by:
(i) the presiding member or the Commission’s delegate; or
(ii) by another person (whether a member or not) authorised by the
presiding member or the Commission’s delegate; and
(b) may be exercised within or outside Australia; and
(c) must be exercised subject to any limitations specified by the
Commission.
(6) Where a person is authorised under subparagraph (5)(a)(ii) to
take evidence for the purposes of a review, the person has:
(a) all the powers of the Commission under subsection (1);
and
(b) all the powers of the presiding member under
subsection (2);
for the purposes of taking that evidence.
(7) In this section:
Commission’s delegate means a person to whom the
Commission has delegated its powers under section 93ZA and who is
conducting the review in question.
(1) A person who requests a review under section 93Z may withdraw the
request at any time before it is determined by the Commission.
(2) To withdraw the request, the person must give written notice of
withdrawal to the Secretary and the notice must be lodged at an office of the
Department in Australia.
(3) Subject to section 93ZA, a person who withdraws a request for
review may subsequently make another request for review of the same
decision.
Note: Section 93ZA provides that a person who wants to
request a review of a decision must do so within 3 months after the person has
received notice of the decision.
3 After subsection
175(2AAA)
Insert:
(2AAAA) If the Commission, under section 93ZB, affirms a decision of
the Commission referred to in section 93Z or sets it aside and substitutes
another decision, a person may apply to the Administrative Appeals Tribunal for
a review of the decision so affirmed or substituted.
4 Subsection 175(2A)
After “(2),”, insert “(2AAAA),”.
Veterans’
Entitlements Act 1986
1 Paragraph 46Q(e)
After “realised”, insert “before the person turns
55”.
2 Paragraph 46R(a)
Omit “before the person reaches pension age”.
3 After paragraph 46R(a)
Insert:
(aa) when the investment is realised, the person has not turned 55;
and
4 At the end of
section 46R
Add:
(2) However, if the person turns 55 before the end of the period of 12
months, this section does not apply to the person in relation to:
(a) the week, during that period, in which the person turns 55;
and
(b) any later weeks during that period.
Veterans’
Entitlements Act 1986
1 Section 5 (index of
definitions)
Insert the following entry in its appropriate alphabetical position,
determined on a letter-by-letter basis:
|
reinstated pensioner |
11AA |
2 After paragraph 11(1)(c) (definition of
dependant)
Insert:
(ca) a reinstated pensioner; or
3 Subsection 11(1) (note)
Repeal the note, substitute:
Note 1: A veteran may have more than one dependant of the
kind referred to in paragraphs (a) to (d) at the same
time.
Note 2: For the meaning of reinstated pensioner
see section 11AA.
Note 3: Subsection (4) affects the meaning of
widow in paragraph (c).
4 At the end of
section 11
Add:
(4) In paragraph (1)(c), widow does not include a
reinstated pensioner.
Note: For the meaning of reinstated pensioner
see section 11AA.
In this Act, unless the contrary intention appears:
reinstated pensioner means a person who the Commission has
determined under section 13AG to be a reinstated pensioner.
5 After subsection 13(7)
Insert:
(7A) The Commonwealth is liable to pay a pension to a reinstated
pensioner.
6 Subsection 13(8)
After “being”, insert “ a reinstated pensioner
or”.
7 At the end of subsection
13(8)
Add:
Note: For the meaning of reinstated pensioner
see section 11AA.
8 Subsection 13(8A)
After “being”, insert “ a reinstated pensioner
or”.
9 At the end of subsection
13(8A)
Add:
Note: For the meaning of reinstated pensioner
see section 11AA.
10 Subsection 13(11)
Omit “subsections”, substitute
“subsections (7A),”.
11 After Division 2
Insert:
A person who wants to be determined by the Commission to be a reinstated
pensioner (a verification determination) must make a proper
application.
(1) An application for a verification determination may be made:
(a) by the person (the applicant) who wants to be determined
to be a reinstated pensioner; or
(b) with the approval of the applicant, by another person on behalf of the
applicant.
(2) If the applicant is unable, by reason of physical or mental
incapacity, to approve a person to make the application on his or her behalf,
the Commission may approve another person to make the application.
An application for a verification determination:
(a) must be in writing and in accordance with a form approved by the
Commission; and
(b) must be accompanied by such evidence available to the applicant as the
applicant considers may be relevant to the application; and
(c) must be made by forwarding to, or delivering at, an office of the
Department in Australia the application and the evidence referred to in
paragraph (b).
(1) To be a proper application, an application must be lodged:
(a) at an office of the Department in Australia; or
(b) at a place approved for this purpose by the Commission; or
(c) with a person approved for this purpose by the Commission.
(2) A place or person approved under subsection (1) must be a place
or person in Australia.
(3) An application is taken to have been lodged on the day it is
received:
(a) at an office of the Department in Australia; or
(b) at a place approved under subsection (1); or
(c) by a person approved under subsection (1).
(1) If an application is made for a verification determination, the
Secretary must investigate the matters to which the application
relates.
(2) When the investigation is completed, the Secretary must submit the
application to the Commission for its consideration and
determination.
(3) When an application is submitted to the Commission it must be
accompanied by:
(a) any evidence supplied by the applicant in connection with the
application; and
(b) any documents or other evidence obtained by the Department in the
course of the investigation that are relevant to the application; and
(c) any other documents or other evidence under the control of the
Department that are relevant to the application.
(1) If an application is submitted to the Commission in accordance with
subsection 13AE(2), the Commission must:
(a) consider all matters that, in the Commission’s opinion, are
relevant to the application; and
(b) determine all matters relevant to the determination of the
application.
(2) Without limiting paragraph (1)(a), the matters that the
Commission must consider include:
(a) the evidence and documents that were submitted with the application;
and
(b) any further evidence subsequently submitted to the Commission in
relation to the application.
(1) The Commission must determine that a person is a
reinstated pensioner if the Commission is satisfied that:
(a) the person was eligible for and receiving a pension, on or before
28 May 1984, under one of the repealed Acts as a widow of a deceased member
of the Forces or a widow of an Australian Mariner; and
(b) the person remarried on or before that date; and
(c) the pension was cancelled under the repealed Act only because the
person married or remarried.
(2) A determination under this section:
(a) must be in writing; and
(b) takes effect from the day, under section 13B, that pension
becomes liable to be paid to the reinstated pensioner.
(3) In subsection (1):
Australian Mariner has the meaning it had in the
Seamen’s War Pensions and Allowances Act 1940.
pension means:
(a) in relation to a repealed Act set out in paragraph (a) of the
definition of repealed Act—pension (other than service
pension) payable to a widow under that repealed Act in respect of the death of a
member of the Forces; and
(b) in relation to the Seamen’s War Pensions and Allowances Act
1940—pension payable to a widow under that Act in respect of the death
of an Australian Mariner.
repealed Act means:
(a) an Act specified in Part I, II, III, IV or V of Schedule 1;
or
(b) the Seamen’s War Pensions and Allowances Act
1940.
(4) A reference in subsection (1) to a member of the
Forces is a reference to:
(a) a member of the Forces within the meaning of:
(i) Divisions 1, 6 and 8 of Part III of the Repatriation Act
1920; or
(ii) the Repatriation (Far East Strategic Reserve) Act 1956;
or
(iii) the Repatriation (Special Overseas Service) Act 1962;
and
(b) a member of the Forces, or a member of a Peacekeeping Force, as
defined by subsection 68(1) of this Act; and
(c) a member of the Interim Forces within the
meaning of the Interim Forces Benefits Act 1947; and
(d) a person the incapacity or death of whom was taken, by section 7A
of the Repatriation (Special Overseas Service) Act 1962, to have resulted
from an occurrence that happened during a period of special service of the
person as a member of the Forces.
12 After section 13A
Insert:
(1) If the Commission makes a determination under section 13AG that a
person is a reinstated pensioner, the pension payable to the reinstated
pensioner under subsection 30(1) is payable:
(a) without the reinstated pensioner having to make a claim for the
pension under section 14; and
(b) without the Commission having to make a determination under
section 19.
(2) The Commonwealth is liable to pay the pension from the later of
the following dates:
(a) 1 January 2002; or
(b) the date that an application for the determination in respect of the
reinstated pensioner was lodged under section 13AD.
13 Subsection 14(1)
After “veteran” (second occurring), insert “other than a
reinstated pensioner”.
14 Subsection 30(1)
After “veteran” (second occurring), insert “or a
reinstated pensioner in relation to the veteran”.
15 After subsection 70(10A)
Insert:
(10AB) The Commonwealth is liable to pay a pension to a reinstated
pensioner.
16 Subsection 70(11)
After “being”, insert “a reinstated pensioner
or”.
17 At the end of subsection
70(11)
Add:
Note: For the meaning of reinstated pensioner
see section 11AA.
18 Subsections 71(1), (2) and
(4)
Before “3”, insert “2A,”.
19 After subsection 86(2)
Insert:
(2A) A reinstated pensioner is eligible to be provided with treatment
under this Part for any injury suffered or disease contracted by the pensioner
whether before or after the commencement of this Act. The pensioner is eligible
from and including the date as from which a pension under
Part II:
(a) became payable to the pensioner; or
(b) would have become payable except for:
(i) the operation of subsection 30(3); or
(ii) the pensioner being in receipt of a pension under the Social Security
Act.
20 Subsection 100(1)
Repeal the subsection, substitute:
(1) If:
(a) a dependant (other than a reinstated pensioner) of a deceased veteran,
being:
(i) a veteran whose death was war-caused; or
(ii) a veteran who, immediately before his or her death, was being paid
pension under Part II as a veteran to whom section 24 applied;
or
(iii) a veteran who, immediately before his or her death, was being paid
pension under Part II at a rate that had been increased under
section 27 by reason that the veteran was incapacitated from a war-caused
injury or a war-caused disease of a kind described in item 1, 2, 3, 4, 5,
6, 7 or 8 in the table in subsection 27(1); or
(b) a reinstated pensioner;
has died in indigent circumstances, the Commission may grant a benefit,
called funeral benefit, towards the funeral expenses incurred in respect of the
funeral of the dependant.
Note: See sections 111 and 133 for the making of an
application for a funeral benefit under this subsection.
21 After subsection 175(1)
Insert:
(1A) If the Commission under section 13AG makes a decision that a
verification determination should not be made in respect of a person, the person
may apply to the Administrative Appeals Tribunal for a review of the
decision.
22 Subsection 175(2A)
Before “(2)”, insert “(1A),”.
Veterans’
Entitlements Act 1986
1 Paragraph 93ZE(1)(c)
Omit “Appeals”, substitute “Review”.
2 Subsection 175(1A)
Omit “Appeals”, substitute “Review”.
3 Subsection 175(2AAAA)
Omit “Appeals”, substitute “Review”.