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.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' affairs and military rehabilitation and
compensation, and for related purposes
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Non-liability health care
3
Veterans' Entitlements Act 1986
3
Schedule 2--Veterans and Veterans Families Counselling
Service
4
Veterans' Entitlements Act 1986
4
Schedule 3--Seniors supplement and seniors health card
5
Veterans' Entitlements Act 1986
5
Schedule 4--Veterans' Review Board
7
Part 1--Main amendments
7
Veterans' Entitlements Act 1986
7
Part 2--Consequential amendments
26
Military Rehabilitation and Compensation Act 2004
26
Schedule 5--Operational service
28
Veterans' Entitlements Act 1986
28
Schedule 6--Eligible young persons wholly dependent on a
member
29
Military Rehabilitation and Compensation Act 2004
29
Schedule 7--Membership of the Military Rehabilitation and
Compensation Commission
31
Military Rehabilitation and Compensation Act 2004
31
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
1
A Bill for an Act to amend the law relating to
1
veterans' affairs and military rehabilitation and
2
compensation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Veterans' Affairs Legislation
6
Amendment (Mental Health and Other Measures) Act 2014.
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
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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. Schedules 1
and 2
1 July 2014.
1 July 2014
3. Schedule 3
The day after this Act receives the Royal
Assent.
4. Schedule 4
The 28th day after this Act receives the
Royal Assent.
5. Schedules 5, 6
and 7
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 Schedule(s)
8
Each Act 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
Non-liability health care Schedule 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
3
Schedule 1
--Non-liability health care
1
2
Veterans' Entitlements Act 1986
3
1 Subsection 85(2)
4
Omit "or post-traumatic stress disorder", substitute ", post-traumatic
5
stress disorder, alcohol use disorder or substance use disorder".
6
2 At the end of subsection 88A(1)
7
Add:
8
; (d) that a person who is not covered by paragraph (a), (b) or (c)
9
and who is in a specified class is eligible to be provided with
10
treatment of a specified kind under this Part.
11
Schedule 2 Veterans and Veterans Families Counselling Service
4
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
Schedule 2
--Veterans and Veterans Families
1
Counselling Service
2
3
Veterans' Entitlements Act 1986
4
1 At the end of paragraph 92(1)(a)
5
Add:
6
(iii) a person included in a class of persons specified in an
7
instrument under subsection (2); and
8
2 At the end of section 92
9
Add:
10
(2) The Commission may, by legislative instrument, specify a class of
11
persons for the purposes of subparagraph (1)(a)(iii).
12
Seniors supplement and seniors health card Schedule 3
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
5
Schedule 3
--Seniors supplement and seniors
1
health card
2
3
Veterans' Entitlements Act 1986
4
1 After paragraph 118P(1)(a)
5
Insert:
6
(aa) the person:
7
(i) is in Australia; or
8
(ii) is temporarily absent from Australia and has been so for
9
a continuous period not exceeding 6 weeks; and
10
2 Paragraph 118PB(2)(b)
11
Omit "weeks; and", substitute "weeks.".
12
3 Paragraph 118V(1)(e)
13
Repeal the paragraph.
14
4 Subsection 118V(1) (note 5)
15
Repeal the note.
16
5 Paragraph 118V(1A)(d)
17
Repeal the paragraph.
18
6 Subsection 118V(1A) (note 3A)
19
Repeal the note.
20
7 Paragraph 118V(2)(e)
21
Repeal the paragraph.
22
8 Subsection 118V(2) (note 6)
23
Repeal the note.
24
9 Paragraph 118V(3)(e)
25
Repeal the paragraph.
26
Schedule 3 Seniors supplement and seniors health card
6
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
10 Subsection 118V(3) (note 6)
1
Repeal the note.
2
11 Application provisions
3
(1)
The amendment made by item 1 applies in relation to working out
4
eligibility for seniors supplement for days that occur on or after the day
5
that item commences, whether the absence referred to in
6
subparagraph 118P(1)(aa)(ii) of the Veterans' Entitlements Act 1986, as
7
amended by this Act, began before, on or after that commencement.
8
(2)
The amendments made by items 3 to 10 apply in relation to working out
9
eligibility for a seniors health card for days that occur on or after the
10
day those items commence.
11
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
7
Schedule 4
--Veterans' Review Board
1
Part 1
--Main amendments
2
Veterans' Entitlements Act 1986
3
1 Section 133
4
Before "In this", insert "(1)".
5
2 Section 133
6
Insert:
7
alternative dispute resolution processes means procedures and
8
services for the resolution of disputes, and includes:
9
(a) conferencing; and
10
(b) mediation; and
11
(c) neutral evaluation; and
12
(d) case appraisal; and
13
(e) conciliation; and
14
(f) procedures or services prescribed in an instrument under
15
subsection (2);
16
but does not include:
17
(g) arbitration; or
18
(h) court procedures or services.
19
Paragraphs (b) to (f) of this definition do not limit paragraph (a) of
20
this definition.
21
Conference Registrar means a Conference Registrar of the Board.
22
Deputy Registrar means a Deputy Registrar of the Board.
23
National Registrar means the National Registrar of the Board.
24
Registrar means a Registrar of the Board.
25
3 At the end of section 133
26
Add:
27
Schedule 4 Veterans' Review Board
Part 1 Main amendments
8
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
(2) The Minister may, by legislative instrument, prescribe procedures
1
or services for the purposes of paragraph (f) of the definition of
2
alternative dispute resolution processes in subsection (1).
3
4 At the end of Division 1 of Part IX
4
Add:
5
133A Board's objective
6
In carrying out its functions, the Board must pursue the objective
7
of providing a mechanism of review that is fair, just, economical,
8
informal and quick.
9
5 After section 138
10
Insert:
11
138A Board may remit matters to Commission for further
12
consideration
13
(1) At any stage of a review of a decision of the Commission, the
14
Board may remit the decision to the Commission for the
15
Commission to reconsider the decision.
16
Role of Commission
17
(2) If a decision is remitted to the Commission, the Commission must
18
reconsider the decision and must:
19
(a) affirm the decision; or
20
(b) vary the decision; or
21
(c) set aside the decision and make a new decision in substitution
22
for the decision set aside.
23
(3) If the Commission affirms the decision, the review resumes.
24
(4) If the Commission varies the decision:
25
(a) the application for review is taken to be an application for
26
review of the decision as varied; and
27
(b) the person who made the application may:
28
(i) proceed with the application for review of the decision
29
as varied; or
30
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
9
(ii) withdraw the application.
1
(5) If the Commission sets aside the decision and makes a new
2
decision in substitution for the decision set aside:
3
(a) the application is taken to be an application for review of the
4
new decision; and
5
(b) the person who made the application may:
6
(i) proceed with the application for review of the new
7
decision; or
8
(ii) withdraw the application.
9
6 Paragraph 139(3)(c)
10
Repeal the paragraph, substitute:
11
(c) setting aside the decision under review and:
12
(i) making a decision in substitution for the decision so set
13
aside; or
14
(ii) making a decision in substitution for the decision so set
15
aside and, in relation to the substituted decision,
16
remitting one or more matters to the Commission for
17
consideration in accordance with any directions or
18
recommendations of the Board; or
19
(iii) remitting one or more matters to the Commission for
20
reconsideration in accordance with any directions or
21
recommendations of the Board.
22
7 Subsection 139(4)
23
Repeal the subsection.
24
8 Section 140
25
Repeal the section, substitute:
26
140 Board to give notice of decision and reasons to parties
27
Notice of decision
28
(1) The Board must give a copy of its decision under section 139 to
29
each party to the review.
30
Schedule 4 Veterans' Review Board
Part 1 Main amendments
10
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
Reasons
1
(2) The Board must give reasons either orally or in writing for its
2
decision under section 139.
3
(3) If the Board does not give reasons in writing for its decision:
4
(a) a party to the review may, within 28 days after the day on
5
which a copy of the decision is given to the party, request the
6
Board for a written statement of the Board's reasons for its
7
decision; and
8
(b) the Board must comply with any request within 28 days after
9
receiving the request.
10
(4) If the Board gives reasons in writing for its decision, those reasons
11
must include its findings on material questions of fact and a
12
reference to the evidence or other material on which those findings
13
were based.
14
(5) If the Board gives reasons in writing for its decision and the
15
reasons contain or refer to any information, opinion or other
16
matter:
17
(a) that in the Board's opinion is of a confidential nature; or
18
(b) that in the Board's opinion might be prejudicial to the
19
physical or mental health or wellbeing of the applicant for the
20
review to communicate to the applicant;
21
any written statement of the Board's reasons for the decision given
22
to the applicant (or a person authorised by the applicant) must not
23
contain or refer to that information, opinion or other matter.
24
Notice of review right
25
(6) The Board must give the applicant for the review (or a person
26
authorised by the applicant) notice of the right under
27
subsection 175(1) (about review by the Administrative Appeals
28
Tribunal).
29
Filing of decision
30
(7) The Board must file its decision under section 139, and any written
31
statement of its reasons for the decision, with the records of the
32
case.
33
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
11
9 Subsection 140A(1)
1
Omit "a registrar or a deputy registrar", substitute "the National
2
Registrar, a Registrar or a Deputy Registrar".
3
10 Subsection 141(2)
4
Omit "With the approval of the Minister, the", substitute "The".
5
11 After section 141
6
Insert:
7
141A Management of administrative affairs of Board
8
(1) The Principal Member is responsible for managing the
9
administrative affairs of the Board.
10
(2) In the management of the administrative affairs of the Board, the
11
Principal Member is assisted by the National Registrar.
12
(3) The National Registrar has power to do all things necessary or
13
convenient to be done for the purpose of assisting the Principal
14
Member.
15
(4) In particular, the National Registrar may act on behalf of the
16
Principal Member in relation to the administrative affairs of the
17
Board.
18
(5) The Principal Member may give the National Registrar written
19
directions regarding the exercise of the National Registrar's powers
20
under this Part.
21
12 Section 142
22
Repeal the section, substitute:
23
142 Arrangement of business of Board
24
(1) Subject to this Act, the Principal Member is responsible for
25
ensuring the expeditious and efficient discharge of the business of
26
the Board.
27
(2) Without limiting subsection (1), the Principal Member may give
28
written directions as to:
29
Schedule 4 Veterans' Review Board
Part 1 Main amendments
12
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
(a) the operations of the Board generally; and
1
(b) the operations of the Board at a particular place; and
2
(c) the procedure of the Board generally; and
3
(d) the procedure of the Board at a particular place; and
4
(e) the conduct of reviews by the Board; and
5
(f) the arrangement of the business of the Board; and
6
(g) the places in Australia at which the Board may sit.
7
13 Section 145
8
Repeal the section.
9
14 After Division 4 of Part IX
10
Insert:
11
Division 4A--Alternative dispute resolution processes
12
145A Referral of review for alternative dispute resolution process
13
(1) If an application is made to the Board for review of a decision, the
14
Principal Member may in writing:
15
(a) direct the holding of a conference of the parties to the review
16
or their representatives in relation to the review, any part of
17
the review or any matter arising out of the review; or
18
(b) direct that the review, any part of the review or any matter
19
arising out of the review, be referred for a particular
20
alternative dispute resolution process (other than
21
conferencing).
22
(2) The Principal Member may in writing direct the holding of
23
conferences of the parties to a review or their representatives in the
24
case of applications made to the Board for review of decisions of a
25
kind specified in the direction.
26
(3) The Principal Member may in writing direct that reviews be
27
referred for a particular alternative dispute resolution process
28
(other than conferencing) in the case of applications made to the
29
Board for review of decisions of a kind specified in the direction.
30
(4) A direction may be given under paragraph (1)(a) or (b):
31
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
13
(a) whether or not a direction has previously been given under
1
paragraph (1)(a) or (b) in relation to the review; and
2
(b) whether or not a direction under subsection (2) or (3) has
3
applied.
4
(5) If a direction under this section is applicable to:
5
(a) a review; or
6
(b) a part of a review; or
7
(c) a matter arising out of a review;
8
each party must act in good faith in relation to the conduct of the
9
alternative dispute resolution process concerned.
10
145B Directions by Principal Member
11
(1) The Principal Member may give written directions about
12
alternative dispute resolution processes.
13
(2) Directions under subsection (1) may relate to:
14
(a) the procedure to be followed in the conduct of an alternative
15
dispute resolution process; and
16
(b) the person who is to conduct an alternative dispute resolution
17
process; and
18
(c) the procedure to be followed when an alternative dispute
19
resolution process ends.
20
(3) Subsection (2) does not limit subsection (1).
21
(4) A person is not entitled to conduct an alternative dispute resolution
22
process unless the person is:
23
(a) a member; or
24
(b) the National Registrar, a Registrar, a Deputy Registrar or a
25
Conference Registrar; or
26
(c) a person engaged under section 145G.
27
(5) The National Registrar, a Registrar or a Deputy Registrar, in
28
conducting an alternative dispute resolution process, does so in the
29
capacity of a Conference Registrar.
30
Schedule 4 Veterans' Review Board
Part 1 Main amendments
14
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
145C Agreement about the terms of a decision etc.
1
(1) If:
2
(a) in the course of an alternative dispute resolution process
3
under this Division, agreement is reached between the parties
4
to a review or their representatives as to the terms of a
5
decision of the Board:
6
(i) in the review; or
7
(ii) in relation to a part of the review; or
8
(iii) in relation to a matter arising out of the review;
9
that would be acceptable to the parties; and
10
(b) the terms of the agreement are reduced to writing, signed by
11
or on behalf of the parties and lodged with the Board; and
12
(c) 7 days pass after lodgement, and none of the parties has
13
notified the Board in writing that the party wishes to
14
withdraw from the agreement; and
15
(d) the Board is satisfied that a decision in the terms of the
16
agreement or consistent with those terms would be within the
17
powers of the Board;
18
the Board may, if it appears to it to be appropriate to do so, act in
19
accordance with whichever of subsection (2) or (3) is relevant in
20
the particular case.
21
(2) If the agreement reached is an agreement as to the terms of a
22
decision of the Board in the review, the Board may, without
23
holding a hearing of the review, make a decision in accordance
24
with those terms.
25
(3) If the agreement relates to:
26
(a) a part of the review; or
27
(b) a matter arising out of the review;
28
the Board may, in its decision on the review, give effect to the
29
terms of the agreement without dealing at the hearing of the review
30
with the part of the review, or the matter arising out of the review,
31
to which the agreement relates.
32
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
15
145D Evidence not admissible
1
(1) Evidence of anything said, or any act done, at an alternative
2
dispute resolution process under this Division is not admissible:
3
(a) in any court; or
4
(b) in any proceedings before a person authorised by a law of the
5
Commonwealth or of a State or Territory to hear evidence; or
6
(c) in any proceedings before a person authorised by the consent
7
of the parties to hear evidence.
8
Exceptions
9
(2) Subsection (1) does not apply so as to prevent, at the hearing of a
10
review before the Board, the admission of particular evidence if the
11
parties to the review agree to the evidence being admissible at the
12
hearing.
13
(3) Subsection (1) does not apply so as to prevent, at the hearing of a
14
review before the Board, the admission of:
15
(a) a case appraisal report prepared by a person conducting an
16
alternative dispute resolution process under this Division; or
17
(b) a neutral evaluation report prepared by a person conducting
18
an alternative dispute resolution process under this Division;
19
unless a party to the review notifies the Board before the hearing
20
begins that the party objects to the report being admissible at the
21
hearing.
22
145E Eligibility of person conducting alternative dispute resolution
23
process to sit as a member of the Board
24
If:
25
(a) an alternative dispute resolution process under this Division
26
in relation to a review is conducted by a member; and
27
(b) a party to the review notifies the Board before the hearing
28
that the party objects to that member participating in the
29
hearing;
30
that member is not entitled to be a member of the Board as
31
constituted for the purposes of the review.
32
Schedule 4 Veterans' Review Board
Part 1 Main amendments
16
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
145F Participation by telephone etc.
1
The person conducting an alternative dispute resolution process
2
under this Division may allow a person to participate by:
3
(a) telephone; or
4
(b) closed-circuit television; or
5
(c) any other means of communication.
6
145G Engagement of persons to conduct alternative dispute
7
resolution processes
8
(1) The National Registrar may, on behalf of the Commonwealth,
9
engage persons to conduct one or more kinds of alternative dispute
10
resolution processes under this Division.
11
(2) The National Registrar must not engage a person under
12
subsection (1) unless the National Registrar is satisfied, having
13
regard to the person's qualifications and experience, that the person
14
is a suitable person to conduct the relevant kind or kinds of
15
alternative dispute resolution processes under this Division.
16
15 Subsection 147(2) (note)
17
Repeal the note.
18
16 After subsection 148(4)
19
Insert:
20
(4A) A member may hold a directions hearing in relation to a review.
21
(4B) Before the hearing of a review has commenced, a member, the
22
National Registrar, a Registrar, a Deputy Registrar or a Conference
23
Registrar may give directions, not inconsistent with
24
subsections (1), (2), (3) and (4) or directions under
25
subsection 142(2), in relation to the procedure to be followed in
26
connection with the review. Without limiting this subsection, a
27
direction may:
28
(a) require any person who is a party to the review to provide
29
further information in relation to the review; or
30
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
17
(b) require the Commission to provide a statement of the grounds
1
on which the application will be resisted at the hearing of the
2
review; or
3
(c) require any person who is a party to the review to provide a
4
statement of matters or contentions upon which reliance is
5
intended to be placed at the hearing of the review.
6
17 Paragraph 148(5)(a)
7
After "subsections (1), (2), (3) and (4)", insert "or directions under
8
subsection 142(2),".
9
18 Paragraph 148(5)(b)
10
After "subsections (1), (2), (3) and (4)", insert "or directions under
11
subsection 142(2)".
12
19 Paragraph 148(5B)(e)
13
Repeal the paragraph, substitute:
14
(e) documents withdrawing or discontinuing applications for
15
review communicated to the Board under subsection 155(2).
16
20 Paragraphs 148(5B)(f) to (i)
17
Repeal the paragraphs.
18
21 Subsection 148(6)
19
After "subsections (1), (2), (3) and (4)", insert "or directions under
20
subsection 142(2)".
21
22 Subsection 148(7)
22
Omit "shall have regard to the need for the review to be conducted with
23
as little formality and technicality, and with as much expedition, as the
24
requirements of this Act and a proper consideration of the matters
25
before the Board permit", substitute "must have regard to the objective
26
in section 133A".
27
23 At the end of section 148
28
Add:
29
(8) A member holding a directions hearing or the Board in the hearing
30
of a review may allow a person to participate by:
31
Schedule 4 Veterans' Review Board
Part 1 Main amendments
18
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
(a) telephone; or
1
(b) closed-circuit television; or
2
(c) any other means of communication.
3
(9) In a review of a decision of the Commission, the Commission must
4
use its best endeavours to assist the Board to make a decision in
5
relation to the review.
6
24 Sections 155 to 155AC
7
Repeal the sections, substitute:
8
155 Dismissal of applications
9
Dismissal if parties consent
10
(1) If each party to the review by the Board of a decision consents, the
11
Principal Member may dismiss the application for review without
12
proceeding to review the decision or, if the Board has started to
13
review the decision, without completing the review.
14
Dismissal if applicant discontinues or withdraws application
15
(2) A person who has made an application to the Board for a review of
16
a decision may, in writing, notify the Board that the application is
17
withdrawn or discontinued.
18
(3) If notification is so given, the Principal Member is taken to have
19
dismissed the application without proceeding to review the
20
decision.
21
Dismissal if applicant fails to appear
22
(4) If the applicant for the review of a decision fails to appear in
23
person, or to appear by a representative, at a directions hearing, or
24
an alternative dispute resolution process under Division 4A, held in
25
relation to the application or at the hearing of the review:
26
(a) the Principal Member may dismiss the application without
27
proceeding to review the decision; and
28
(b) if he or she does so, he or she must notify each party to the
29
review of the dismissal.
30
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
19
(5) For the purposes of subsection (4):
1
(a) a person is taken to appear in person or by a representative at
2
an alternative dispute resolution process if the person or
3
representative participates in it by a means allowed under
4
section 145F; and
5
(b) a person is taken to appear in person or by a representative at
6
a directions hearing, or the hearing of the review, if the
7
person or representative participates in it by a means allowed
8
under subsection 148(8).
9
(6) The Principal Member must, before exercising a power under
10
subsection (4), be satisfied that appropriate notice was given to the
11
applicant for the review of the time and place of the directions
12
hearing, the alternative dispute resolution process or the hearing of
13
the review.
14
Dismissal if decision not reviewable
15
(7) If:
16
(a) the applicant for the review of a decision is notified in
17
writing by the National Registrar that the decision does not
18
appear to be reviewable by the Board; and
19
(b) before the end of the period prescribed in a legislative
20
instrument made by the Minister for the purposes of this
21
paragraph, the person is unable to show that the decision is so
22
reviewable;
23
the Principal Member may dismiss the application without
24
proceeding to review the decision.
25
Dismissal if applicant fails to proceed or fails to comply with
26
Board's direction
27
(8) If the applicant for the review of a decision fails within a
28
reasonable time:
29
(a) to proceed with the application; or
30
(b) to comply with a direction given to the applicant under this
31
Part in relation to the application;
32
then:
33
(c) the Principal Member may dismiss the application without
34
proceeding to review the decision; and
35
Schedule 4 Veterans' Review Board
Part 1 Main amendments
20
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
(d) if he or she does so, he or she must notify each party to the
1
review of the dismissal.
2
Review taken to be concluded
3
(9) If an application is dismissed under this section, the review to
4
which the application relates, unless the application is reinstated
5
under subsection (10) or (11), is taken to be concluded.
6
Reinstatement of application
7
(10) If the Principal Member, under subsection (4), dismisses an
8
application:
9
(a) the applicant may, within 28 days after receiving notification
10
of the dismissal, apply to the Principal Member for
11
reinstatement of the application; and
12
(b) if the Principal Member considers it appropriate to do so, he
13
or she may reinstate the application and give such directions
14
as appear to him or her to be appropriate in the
15
circumstances.
16
(11) If it appears to the Principal Member that an application has been
17
dismissed under this section in error, he or she may, on the
18
application of a party to the review or on his or her own initiative,
19
reinstate the application and give such directions as appear to him
20
or her to be appropriate in the circumstances.
21
25 Subsection 155A(1)
22
Repeal the subsection, substitute:
23
(1) Applications may be made to the Administrative Appeals Tribunal
24
for review of a decision by the Principal Member under
25
subsection 155(4), (7) or (8) to dismiss an application.
26
26 Subparagraph 157(2)(b)(ii)
27
Omit "served on", substitute "given to".
28
27 After subsection 157(4)
29
Insert:
30
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
21
(4A) If the Board, upon its review of a decision of the Commission, sets
1
aside that decision and subparagraph 139(3)(c)(iii) applies, the
2
decision to set aside the Commission's decision takes effect on the
3
day the Board made its decision or an earlier or later date, as the
4
Board determines is fair and reasonable in all the circumstances.
5
28 Subsection 166(1A)
6
Repeal the subsection, substitute:
7
(1A) The Principal Member may, by writing signed by him or her,
8
delegate to the National Registrar all or any of the Principal
9
Member's powers under section 142, 143, 144, 148 or 155.
10
(1B) The Principal Member may, by writing signed by him or her,
11
delegate to a Registrar, a Deputy Registrar or a Conference
12
Registrar all or any of the Principal Member's powers under
13
subsection 148(6A) or section 155.
14
29 Section 167 (heading)
15
Repeal the heading, substitute:
16
167 Immunity
17
30 Before subsection 167(1)
18
Insert:
19
Members
20
31 After subsection 167(1)
21
Insert:
22
Registrars
23
(1A) The National Registrar, a Registrar, a Deputy Registrar or a
24
Conference Registrar has, in the performance of his or her duties as
25
such a person, the same protection and immunity as a Justice of the
26
High Court.
27
Schedule 4 Veterans' Review Board
Part 1 Main amendments
22
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
Alternative dispute resolution practitioners
1
(1B) An alternative dispute resolution practitioner has, in the
2
performance of his or her duties as an alternative dispute resolution
3
practitioner under this Part, the same protection and immunity as a
4
Justice of the High Court.
5
32 Before subsection 167(2)
6
Insert:
7
Party representatives
8
33 Before subsection 167(3)
9
Insert:
10
Witnesses
11
34 At the end of section 167
12
Add:
13
Definition
14
(4) In this section:
15
alternative dispute resolution practitioner means a person who
16
conducts an alternative dispute resolution process under
17
Division 4A.
18
35 Section 170
19
Repeal the section, substitute:
20
170 Contempt of Board
21
Insulting a person
22
(1) A person commits an offence if:
23
(a) the person engages in conduct; and
24
(b) the person's conduct insults another person in, or in relation
25
to, the exercise of the other person's powers or functions
26
under this Part.
27
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
23
Penalty: Imprisonment for 6 months.
1
Interrupting proceedings of the Board
2
(2) A person commits an offence if:
3
(a) the person engages in conduct; and
4
(b) the person's conduct interrupts the proceedings of the Board.
5
Penalty: Imprisonment for 6 months.
6
Creating a disturbance
7
(3) A person commits an offence if:
8
(a) the person engages in conduct; and
9
(b) the person's conduct creates a disturbance in or near a place
10
where the Board is sitting.
11
Penalty: Imprisonment for 6 months.
12
Taking part in creating or continuing a disturbance
13
(4) A person commits an offence if:
14
(a) the person takes part in creating or continuing a disturbance;
15
and
16
(b) the disturbance is in or near a place where the Board is
17
sitting.
18
Penalty: Imprisonment for 6 months.
19
Contempt of Board
20
(5) A person commits an offence if:
21
(a) the person engages in conduct; and
22
(b) the person's conduct would, if the Board were a court of
23
record, constitute a contempt of that court.
24
Penalty: Imprisonment for 6 months.
25
36 Section 172
26
Before "Any", insert "(1)".
27
Schedule 4 Veterans' Review Board
Part 1 Main amendments
24
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
37 At the end of section 172
1
Add:
2
(2) Without limiting subsection (1), the staff required to assist the
3
Board may include one or more of the following:
4
(a) a National Registrar;
5
(b) Registrars;
6
(c) Deputy Registrars;
7
(d) Conference Registrars.
8
38 Subsection 175(1)
9
Repeal the subsection, substitute:
10
(1) If:
11
(a) a decision of the Commission has been reviewed by the
12
Board upon an application made under section 135; and
13
(b) either:
14
(i) the Board affirms or varies the decision; or
15
(ii) the Board sets aside the decision in circumstances where
16
subparagraph 139(3)(c)(i) or (ii) applies;
17
applications may be made to the Administrative Appeals Tribunal
18
for review of the decision of the Board.
19
(1AA) For the purposes of subsection (1), the decision made by the Board
20
is taken to be:
21
(a) if the Board affirms a decision--that decision as affirmed; or
22
(b) if the Board varies a decision--that decision as varied; or
23
(c) if the Board sets aside a decision in circumstances where
24
subparagraph 139(3)(c)(i) or (ii) applies--the decision made
25
by the Board in substitution for the decision so set aside.
26
39 Paragraph 176(3)(a)
27
Omit "paragraph 175(1)(a) or (c)", substitute "paragraph 175(1AA)(a)
28
or (c)".
29
40 Paragraph 176(3)(b)
30
Omit "paragraph 175(1)(b)", substitute "paragraph 175(1AA)(b)".
31
Veterans' Review Board Schedule 4
Main amendments Part 1
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
25
41 Application and saving provisions
1
(1)
The amendments made by items 5, 6, 7, 10, 16, 19, 20, 23, 24 and 25
2
apply in relation to an application for review that is made under
3
section 135 of the Veterans' Entitlements Act 1986 on or after the
4
commencement of those items.
5
(2)
The amendments made by items 8, 26, 27, 38, 39 and 40 apply in
6
relation to decisions made by the Board on or after the commencement
7
of those items.
8
(3)
Subsections 145A(1), (2) and (3) of the Veterans' Entitlements Act
9
1986, as inserted by this Act, apply in relation to an application for
10
review that is made on or after the commencement of this item.
11
(4)
The amendment made by item 28 does not affect the validity of a
12
delegation in force under subsection 166(1A) of the Veterans'
13
Entitlements Act 1986 immediately before the commencement of this
14
item.
15
(5)
The amendment made by item 31 applies in relation to duties performed
16
on or after the commencement of that item.
17
(6)
The amendment made by item 35 applies in relation to conduct engaged
18
in on or after the commencement of that item.
19
Schedule 4 Veterans' Review Board
Part 2 Consequential amendments
26
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
Part 2
--Consequential amendments
1
Military Rehabilitation and Compensation Act 2004
2
42 Subsection 353(1)
3
After "133,", insert "133A,".
4
43 Subsection 353(1)
5
After "138,", insert "138A,".
6
44 Subsection 353(1)
7
After "Divisions 4,", insert "4A,".
8
45 Subsection 353(2) (cell at table item 6, column headed
9
"Modification")
10
Repeal the cell, substitute:
11
References to a decision, where the
decision is a decision of the Repatriation
Commission, have effect as references to
an original determination
46 Subsection 353(2) (table item 11)
12
Repeal the item, substitute:
13
14
11
Subsection 140(6)
The reference to subsection 175(1) has effect as
a reference to subsection 354(1) of this Act
47 Subsection 353(2) (table items 17 and 18)
15
Repeal the items.
16
48 Section 353A
17
Repeal the section.
18
Veterans' Review Board Schedule 4
Consequential amendments Part 2
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
27
49 Application provisions
1
(1)
The amendments made by items 43, 44, 45, 47 and 48 apply in relation
2
to an application for review that is made on or after the commencement
3
of those items.
4
(2)
The amendment made by item 46 applies in relation to decisions made
5
by the Board on or after the commencement of that item.
6
Schedule 5 Operational service
28
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
Schedule 5
--Operational service
1
2
Veterans' Entitlements Act 1986
3
1 Schedule 2 (table item 7, column 2)
4
Omit "30 September 1967", substitute "14 September 1966".
5
Eligible young persons wholly dependent on a member Schedule 6
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
29
Schedule 6
--Eligible young persons wholly
1
dependent on a member
2
3
Military Rehabilitation and Compensation Act 2004
4
1 Section 17
5
Repeal the section, substitute:
6
17 When partners and eligible young persons are wholly dependent
7
on a member
8
Partners
9
(1) For the purposes of this Act, the partner of a member is taken to be
10
wholly dependent on the member if:
11
(a) the partner lives with the member; or
12
(b) the Commission is of the opinion that the partner would be
13
living with the member but for a temporary absence of the
14
member or partner or but for an absence of the member or
15
partner due to illness or infirmity.
16
Note:
This subsection also applies to former members (see section 20).
17
Eligible young persons
18
(2) For the purposes of this Act, an eligible young person is taken to be
19
wholly dependent on a member if:
20
(a) either:
21
(i) the young person lives with the member; or
22
(ii) the Commission is of the opinion that the young person
23
would be living with the member but for a temporary
24
absence of the member or young person or but for an
25
absence of the member or young person due to illness or
26
infirmity; or
27
(b) the member is liable to provide child support under the Child
28
Support (Assessment) Act 1989 for the young person.
29
Note:
This subsection also applies to former members (see section 20).
30
Schedule 6 Eligible young persons wholly dependent on a member
30
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
No. , 2014
2 Application provision
1
The amendment made by this Schedule applies in relation to claims for
2
compensation made on or after the commencement of this Schedule.
3
Membership of the Military Rehabilitation and Compensation Commission Schedule 7
No. , 2014
Veterans' Affairs Legislation Amendment (Mental Health and Other
Measures) Bill 2014
31
Schedule 7
--Membership of the Military
1
Rehabilitation and Compensation
2
Commission
3
4
Military Rehabilitation and Compensation Act 2004
5
1 Subsection 5(1)
6
Insert:
7
Comcare means the body corporate established by section 68 of
8
the Safety, Rehabilitation and Compensation Act 1988.
9
2 Subparagraph 364(1)(b)(ii)
10
Omit "either", substitute "the Chief Executive Officer of Comcare,".
11
3 Subparagraph 364(1)(b)(ii)
12
Before "engaged", insert "a person".
13
4 Paragraph 367(2)(a)
14
Omit "either", substitute "the Chief Executive Officer of Comcare,".
15
5 Paragraph 367(2)(a)
16
Before "engaged", insert "a person".
17
6 Subsection 372(2) (table item 2, column headed
18
"Circumstances in which termination is required",
19
paragraph (a))
20
Repeal the paragraph, substitute:
21
(a) the member is none of the following:
22
(i) the Chief Executive Officer of Comcare;
23
(ii) a person described in subsection 89E(1) of the Safety, Rehabilitation and
24
Compensation Act 1988;
25
(iii) a person engaged under the Public Service Act 1999 performing duties in the
26
Department of State administered by the SRC Minister; or
27