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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (2015 Budget Measures) Bill
2015
No. , 2015
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs, military rehabilitation and
compensation and defence, and for related
purposes
No. , 2015
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Veterans' Vocational Rehabilitation Scheme
3
Veterans' Entitlements Act 1986
3
Schedule 2--Reconsideration and review of determinations
8
Military Rehabilitation and Compensation Act 2004
8
Schedule 3--Graves of dependants of members of the Defence
Force
10
Defence Act 1903
10
No. , 2015
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
1
A Bill for an Act to amend the law relating to
1
veterans' affairs, military rehabilitation and
2
compensation and defence, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Veterans' Affairs Legislation
7
Amendment (2015 Budget Measures) Act 2015.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
No. , 2015
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
20 March 2016.
20 March 2016
3. Schedule 2
1 January 2016.
1 January 2016
4. Schedule 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Veterans' Vocational Rehabilitation Scheme Schedule 1
No. , 2015
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
3
Schedule 1
--Veterans' Vocational
1
Rehabilitation Scheme
2
3
Veterans' Entitlements Act 1986
4
1 Subsection 23(5)
5
Omit "The rate", substitute "Subject to subsection (6), the rate".
6
2 Subsection 24(4)
7
Omit "subsections (5) and (6)", substitute "subsections (5), (5A) and
8
(6)".
9
3 Subsection 24(5)
10
Omit "The rate", substitute "Subject to subsections (5A) and (6), the
11
rate".
12
4 After subsection 24(5)
13
Insert:
14
(5A) If:
15
(a) section 115D applies to a veteran because of
16
subsection 115D(1A); and
17
(b) the veteran is engaged in remunerative work of more than 8
18
hours, but less than 20 hours, per week as a result of
19
undertaking a vocational rehabilitation program under the
20
Veterans' Vocational Rehabilitation Scheme;
21
then, subject to subsection (6) of this section, the rate at which
22
pension is payable to the veteran is the higher of the following
23
amounts:
24
(c) the amount worked out under subsection (5) of this section;
25
(d) the amount under subsection 23(4).
26
5 Subsection 24(6)
27
Omit "subsection (4) or (5)", substitute "subsection (4), (5) or (5A)".
28
Schedule 1 Veterans' Vocational Rehabilitation Scheme
4
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
No. , 2015
6 Subsection 24A(1A)
1
Omit "subsection 24(4) or (5)", substitute "subsection 24(4), (5) or
2
(5A)".
3
7 Subsection 25(2)
4
Omit "the rate applicable under subsection 24(4), (5) or (6)", substitute
5
"the rate that would have been applicable under subsection 24(4), (5),
6
(5A) or (6) if section 24 applied to the veteran".
7
8 At the end of section 37AAA
8
Add "(as affected by subsection 115G(2A))".
9
9 Paragraph 98A(2)(a)
10
Omit "24(4), (5) or (6)", substitute "24(4), (5), (5A) or (6)".
11
10 Subsection 98A(3) (paragraph (a) of the definition of
12
deceased veteran's amount)
13
Omit "24(4), (5) or (6)", substitute "24(4), (5), (5A) or (6)".
14
11 Section 115A
15
Before "In this Part", insert "(1)".
16
12 Section 115A (definition of work and pension income rate)
17
Repeal the definition, substitute:
18
work and pension income rate of a veteran, in relation to a
19
pension period, has the meaning given by subsections (2) and (3).
20
13 At the end of section 115A
21
Add:
22
Veteran to whom section 23 applies
23
(2) If section 115D applies to a veteran because of
24
subsection 115D(1), then the work and pension income rate of the
25
veteran for a pension period is worked out using the following
26
formula:
27
Veterans' Vocational Rehabilitation Scheme Schedule 1
No. , 2015
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
5
Average hourly rate
Number of hours
of the veteran's
of remunerative work
40
salary, wages and earnings
of the veteran
from remunerative work
in that pension period
in that pension period
Rate of pension paid
to the veteran
under Part II or IV
for that pension period
1
2
Veteran to whom section 24 applies
3
(3) If section 115D applies to a veteran because of
4
subsection 115D(1A), then the work and pension income rate of
5
the veteran for a pension period is worked out using the following
6
formula:
7
Average hourly rate
Number of hours
of the veteran's
of remunerative work
16
salary, wages and earnings
of the veteran
from remunerative work
in that pension period
in that pension period
Rate of pension paid
to the veteran
under Part II or IV
for that pension period
8
9
14 After paragraph 115B(5)(d)
10
Insert:
11
(da) the provision of services, under the Scheme, to specified
12
veterans for the management of medical conditions of those
13
veterans; and
14
(db) the provision of psychosocial services, under the Scheme, to
15
specified veterans; and
16
15 Subsection 115D(1)
17
Repeal the subsection, substitute:
18
Application of section
19
(1) This section applies to a veteran if:
20
(a) section 23 applies to the veteran; and
21
(b) the veteran is engaged in remunerative work of 20 hours or
22
more per week as a result of undertaking a vocational
23
rehabilitation program under the Veterans' Vocational
24
Rehabilitation Scheme.
25
The section sets out how to work out the veteran's reduced daily
26
pension amount.
27
Schedule 1 Veterans' Vocational Rehabilitation Scheme
6
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
No. , 2015
Note 1:
This amount is used to work out the rate of pension payable under
1
section 23.
2
Note 2:
This section does not apply to certain veterans: see subsections (5) and
3
(6).
4
(1A) This section also applies to a veteran if:
5
(a) section 24 applies to the veteran; and
6
(b) the veteran is engaged in remunerative work of more than 8
7
hours per week as a result of undertaking a vocational
8
rehabilitation program under the Veterans' Vocational
9
Rehabilitation Scheme.
10
The section sets out how to work out the veteran's reduced daily
11
pension amount.
12
Note 1:
This amount is used to work out the rate of pension payable under
13
section 24.
14
Note 2:
This section does not apply to certain veterans: see subsections (5) and
15
(6).
16
16 Subsection 115D(7) (definition of taper amount)
17
Repeal the definition, substitute:
18
taper amount for a veteran means the following amount:
19
(a) if the veteran's average weekly hours are 40 hours or more--
20
zero;
21
(b) if subsection (1) applies and the veteran's average weekly
22
hours are less than 40 hours--the amount worked out using
23
the following formula:
24
40
Veteran's average weekly hours
20
25
(c) if subsection (1A) applies and the veteran's average weekly
26
hours are less than 40 hours--the amount worked out using
27
the following formula:
28
40
Veteran's average weekly hours
32
29
17 After subsection 115G(2)
30
Insert:
31
Veterans' Vocational Rehabilitation Scheme Schedule 1
No. , 2015
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
7
(2A) If the veteran does not undertake any remunerative work in a
1
continuous period of at least 6 months:
2
(a) in working out the length of the initial period, or the 5-year
3
period mentioned in subsection (2), in relation to the veteran,
4
disregard that continuous period; and
5
(b) in doing calculations under subsection (1) or (2) in relation to
6
the veteran, disregard that continuous period.
7
18 Application and saving provisions
8
(1)
The amendments made by items 2 to 7, 15 and 16 apply in relation to
9
weeks beginning on or after the commencement of this item, where
10
those weeks fall within pension periods beginning on or after that
11
commencement.
12
(2)
The amendments made by items 12 and 13 apply in relation to pension
13
periods beginning on or after the commencement of this item.
14
(3)
The amendment made by item 17 applies in relation to continuous
15
periods beginning on or after the commencement of this item.
16
(4)
The amendments made by this Schedule do not affect the continuity of
17
the following periods in relation to a veteran:
18
(a) the initial period referred to in section 115D of the Veterans'
19
Entitlements Act 1986;
20
(b) the second period referred to in that section.
21
Schedule 2 Reconsideration and review of determinations
8
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
No. , 2015
Schedule 2
--Reconsideration and review of
1
determinations
2
3
Military Rehabilitation and Compensation Act 2004
4
1 Section 344
5
Omit "claimant's rights to apply for reconsideration or review",
6
substitute "claimant's right to apply for review".
7
2 Section 344
8
Omit:
9
There are 2 possible paths in the reconsideration and review
10
process depending on the type of reconsideration sought by the
11
claimant.
12
3 Section 344
13
Omit "ask the Commission to reconsider it or".
14
4 Section 344
15
Omit "If dissatisfied with the determination on reconsideration or
16
review", substitute "If dissatisfied with the determination on review".
17
5 Paragraph 345A(2)(c)
18
Repeal the paragraph.
19
6 Subsection 346(5)
20
Omit "request a reconsideration of the determination under section 349
21
or".
22
7 Section 349 (heading)
23
Repeal the heading, substitute:
24
Reconsideration and review of determinations Schedule 2
No. , 2015
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
9
349 Chief of the Defence Force initiating reconsideration of
1
determinations
2
8 Subsections 349(1) to (3)
3
Repeal the subsections.
4
9 Subsection 352(2)
5
Repeal the subsection.
6
10 Application provision
7
The amendments made by this Schedule apply in relation to original
8
determinations made on or after the commencement of this item.
9
Schedule 3 Graves of dependants of members of the Defence Force
10
Veterans' Affairs Legislation Amendment (2015 Budget Measures) Bill
2015
No. , 2015
Schedule 3
--Graves of dependants of
1
members of the Defence Force
2
3
Defence Act 1903
4
1 Paragraph 124(1)(qba)
5
Omit "the graves of persons who have died", substitute "the following".
6
2 Subparagraph 124(1)(qba)(i)
7
Before "while", insert "the graves of persons who have died".
8
3 Subparagraph 124(1)(qba)(i)
9
Omit "or".
10
4 Subparagraph 124(1)(qba)(ii)
11
Before "as a result", insert "the graves of persons who have died".
12
5 Subparagraph 124(1)(qba)(ii)
13
Omit "and".
14
6 At the end of paragraph 124(1)(qba)
15
Add:
16
(iii) the grave of a person who, immediately before his or
17
her death, was a dependant of a member of the Defence
18
Force on service, where the grave is located in the
19
Terendak Military Cemetery in Malaysia; and
20