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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Budget Measures) Bill 2017
No. , 2017
(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. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Australian participants in British nuclear tests
and British Commonwealth Occupation Force
4
Part 1--Main amendments
4
Australian Participants in British Nuclear Tests (Treatment) Act 2006
4
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
9
Part 2--Consequential amendments
10
Aged Care Act 1997
10
A New Tax System (Medicare Levy Surcharge--Fringe Benefits) Act
1999
10
Healthcare Identifiers Act 2010
10
Income Tax Assessment Act 1936
11
Income Tax Assessment Act 1997
11
Military Rehabilitation and Compensation Act 2004
12
National Cancer Screening Register Act 2016
12
National Health Act 1953
13
Social and Community Services Pay Equity Special Account Act 2012
13
Social Security Act 1991
13
Schedule 2--Work test for intermediate or special rate of
pension
18
Veterans' Entitlements Act 1986
18
Schedule 3--Rehabilitation programs
19
Military Rehabilitation and Compensation Act 2004
19
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
21
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
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 is the Veterans' Affairs Legislation Amendment (Budget
6
Measures) Act 2017.
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
13
2
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
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,
items 1 to 16
1 July 2017.
1 July 2017
3. Schedule 1,
items 17 and 18
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
items 19 to 68
1 July 2017.
1 July 2017
5. Schedule 2
1 July 2017.
1 July 2017
6. Schedule 3,
items 1 to 10
1 July 2017.
1 July 2017
7. Schedule 3,
items 11 to 25
The later of:
(a) immediately after the commencement of
the provisions covered by table item 6;
and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
3
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 1 Main amendments
4
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
Schedule 1--Australian participants in British
1
nuclear tests and British
2
Commonwealth Occupation Force
3
Part 1--Main amendments
4
Australian Participants in British Nuclear Tests (Treatment)
5
Act 2006
6
1 Title
7
Omit "testing for and treatment of malignant neoplasia in
8
Australian participants in British nuclear tests", substitute
9
"treatment for Australian participants in British nuclear tests and
10
in the British Commonwealth Occupation Force".
11
2 Section 1
12
After "Tests", insert "and British Commonwealth Occupation Force".
13
Note:
This item amends the short title of the Act. If another amendment of the Act is
14
described by reference to the Act's previous short title, that other amendment has effect
15
after the commencement of this item as an amendment of the Act under its amended
16
short title (see section 10 of the Acts Interpretation Act 1901).
17
3 Subsection 4(1)
18
Insert:
19
British Commonwealth Occupation Force participant means a
20
person who was a member of the Australian Defence Force who
21
served in the British Commonwealth Occupation Force in Japan at
22
any time during the period from the beginning of 31 January 1946
23
to the end of 28 April 1952.
24
4 Subsection 4(1) (definition of testing)
25
Repeal the definition.
26
5 Subsection 4(1) (definition of treatment)
27
Omit "of malignant neoplasia, and includes testing".
28
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
5
6 Subsection 4(1) (at the end of the definition of treatment)
1
Add:
2
Note:
That subsection covers treatment of malignant neoplasia and the
3
provision of diagnostic services.
4
7 Paragraph 5(1)(b)
5
Repeal the paragraph.
6
8 Part 2 (heading)
7
Repeal the heading, substitute:
8
Part 2--Treatment
9
9 Paragraph 7(1)(a)
10
After "participant", insert "or a British Commonwealth Occupation
11
Force participant".
12
10 Subsection 7(2)
13
Repeal the subsection, substitute:
14
(2) However, a person is not eligible to be provided with treatment
15
under this Act if the person is:
16
(a) eligible for treatment under section 53D, subsection 85(3),
17
(4), (4A), (4B), (5), (7) or (7A) or section 86 of the Veterans'
18
Entitlements Act 1986 for any injury or disease (within the
19
meaning of that Act); or
20
(b) entitled to be provided with treatment under section 281, 282
21
or 284 of the Military Rehabilitation and Compensation Act
22
2004 for any injury or disease (within the meaning of that
23
Act).
24
11 Subsection 14(1)
25
Omit "for particular malignant neoplasia, treatment of a particular kind
26
for malignant neoplasia or treatment for malignant neoplasia".
27
12 Subsection 14(2)
28
Omit "for malignant neoplasia".
29
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 1 Main amendments
6
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
13 After Part 3
1
Insert:
2
Part 3A--Pharmaceutical supplement
3
4
23A Simplified outline
5
A person is eligible for pharmaceutical supplement if the person is
6
eligible to be provided with treatment under this Act. However,
7
pharmaceutical supplement is not payable in some circumstances.
8
23B Eligibility for pharmaceutical supplement
9
A person is eligible for pharmaceutical supplement under this
10
section if the person is eligible to be provided with treatment under
11
this Act.
12
Note:
Section 23C sets out some circumstances when pharmaceutical
13
supplement is not payable.
14
23C Pharmaceutical supplement not payable in some circumstances
15
People leaving Australia otherwise than temporarily
16
(1) A person who leaves Australia otherwise than temporarily is not
17
eligible for pharmaceutical supplement under section 23B after the
18
day on which he or she left Australia.
19
Temporary absence from Australia
20
(2) A person who is temporarily absent from Australia and has been so
21
absent for more than 26 weeks is not eligible for pharmaceutical
22
supplement under section 23B after the first 26 weeks of the
23
absence.
24
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
7
When a person becomes eligible for pharmaceutical supplement
1
after leaving Australia
2
(3) The person mentioned in subsections (1) and (2) again becomes
3
eligible to receive pharmaceutical supplement under section 23B
4
on the later of the following days:
5
(a) the day on which the person returns to Australia;
6
(b) the day on which the person notifies the Commission of his
7
or her return to Australia.
8
When pharmaceutical supplement is not payable
9
(4) Even though a person is eligible for pharmaceutical supplement
10
under section 23B, the supplement is not payable to the person if:
11
(a) he or she is receiving veterans supplement under
12
section 118A of the Veterans' Entitlements Act 1986; or
13
(b) he or she is receiving MRCA supplement under section 300
14
of the Military Rehabilitation and Compensation Act 2004;
15
or
16
(c) he or she is receiving a pharmaceutical allowance under the
17
Social Security Act 1991; or
18
(d) he or she is a wholly dependent partner of a deceased
19
member (within the meaning of the Military Rehabilitation
20
and Compensation Act 2004); or
21
(e) he or she is receiving a social security payment (within the
22
meaning of the Social Security Act 1991) for which a pension
23
supplement amount (within the meaning of that Act) is used
24
to work out the rate of the payment; or
25
(f) he or she is receiving a pension under Part II or IV of the
26
Veterans' Entitlements Act 1986 at a rate determined under or
27
by reference to subsection 30(1) of that Act; or
28
(g) he or she is receiving a service pension (within the meaning
29
of the Veterans' Entitlements Act 1986).
30
23D Rate of pharmaceutical supplement
31
The rate of pharmaceutical supplement that is payable under
32
section 23B is the rate of veterans supplement that is payable from
33
time to time under section 118C of the Veterans' Entitlements Act
34
1986.
35
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 1 Main amendments
8
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
23E Payment of pharmaceutical supplement
1
A person's pharmaceutical supplement under section 23B is
2
payable on each pension payday (within the meaning of
3
subsection 5Q(1) of the Veterans' Entitlements Act 1986) on
4
which:
5
(a) the person is eligible for the pharmaceutical supplement; and
6
(b) the pharmaceutical supplement is payable to the person.
7
14 At the end of Part 5
8
Add:
9
Division 5--Recovery of cost of treatment
10
48A Recovery of cost of treatment
11
Section 93 of the Veterans' Entitlements Act 1986 applies to the
12
provision of treatment under this Act in a corresponding way to the
13
way that section applies to the provision of treatment under Part V
14
of that Act.
15
Division 6--Recovery of overpayments of pharmaceutical
16
supplement
17
48B Recovery of overpayments of pharmaceutical supplement
18
(1) This section applies if a person has been paid an amount of
19
pharmaceutical supplement under Part 3A that should not have
20
been paid.
21
(2) The amount is recoverable, in a court of competent jurisdiction, as
22
a debt due to the Commonwealth from:
23
(a) the person; or
24
(b) the estate of that person.
25
(3) The amount may be deducted from an amount that is payable to the
26
person under this Act.
27
15 At the end of section 49
28
Add:
29
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Main amendments Part 1
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
9
; and (c) pharmaceutical supplement under Part 3A.
1
16 Application provision
2
Division 5 of Part 5 of the Australian Participants in British Nuclear
3
Tests and British Commonwealth Occupation Force (Treatment) Act
4
2006, as added by this Schedule, applies to the provision of treatment
5
under that Act on or after the commencement of this item, where:
6
(a) a claim referred to in paragraph 93(2)(a) of the Veterans'
7
Entitlements Act 1986 is made on or after that
8
commencement; or
9
(b) an entitlement referred to in paragraph 93(2)(a) or (b) of the
10
Veterans' Entitlements Act 1986 first arises on or after that
11
commencement; or
12
(c) a payment referred to in paragraph 93(2)(c) of the Veterans'
13
Entitlements Act 1986 is made on or after that
14
commencement.
15
Safety, Rehabilitation and Compensation (Defence-related
16
Claims) Act 1988
17
17 Section 144A (heading)
18
Repeal the heading, substitute:
19
144A Persons entitled to treatment under other legislation not
20
entitled to certain compensation
21
18 Before paragraph 144A(1)(a)
22
Insert:
23
(aa) eligible to be provided with treatment under section 7 of the
24
Australian Participants in British Nuclear Tests and British
25
Commonwealth Occupation Force (Treatment) Act 2006; or
26
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 2 Consequential amendments
10
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
Part 2--Consequential amendments
1
Aged Care Act 1997
2
19 Subparagraph 86-3(1)(i)(iii)
3
After "Tests", insert "and British Commonwealth Occupation Force".
4
20 Paragraph 86-6(a)
5
After "Tests", insert "and British Commonwealth Occupation Force".
6
21 Paragraph 96-10(2)(c)
7
After "Tests", insert "and British Commonwealth Occupation Force".
8
A New Tax System (Medicare Levy Surcharge--Fringe
9
Benefits) Act 1999
10
22 Subsection 13(2) (note)
11
Omit "or the Military Rehabilitation and Compensation Act 2004",
12
substitute ", the Military Rehabilitation and Compensation Act 2004 or
13
the Australian Participants in British Nuclear Tests and British
14
Commonwealth Occupation Force (Treatment) Act 2006".
15
23 Subsection 14(2) (note)
16
Omit "or the Military Rehabilitation and Compensation Act 2004",
17
substitute ", the Military Rehabilitation and Compensation Act 2004 or
18
the Australian Participants in British Nuclear Tests and British
19
Commonwealth Occupation Force (Treatment) Act 2006".
20
Healthcare Identifiers Act 2010
21
24 Section 5 (subparagraph (a)(i) of the definition of
22
Veterans' Affairs Department)
23
After "Tests", insert "and British Commonwealth Occupation Force".
24
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Consequential amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
11
Income Tax Assessment Act 1936
1
25 Paragraph 251U(1)(b)
2
Omit "or the Military Rehabilitation and Compensation Act 2004",
3
substitute ", the Military Rehabilitation and Compensation Act 2004 or
4
the Australian Participants in British Nuclear Tests and British
5
Commonwealth Occupation Force (Treatment) Act 2006".
6
Income Tax Assessment Act 1997
7
26 Section 11-
15 (table item headed "social security or like
8
payments")
9
Insert:
10
pharmaceutical supplement for Australian participants
in British nuclear tests or in the British
Commonwealth Occupation Force ...............................
Subdivision 52-CB
27 Section 11-
15 (table item headed "social security or like
11
payments")
12
Omit:
13
travelling expenses for Australian participants in
British nuclear tests ......................................................
Subdivision 52-CB
substitute:
14
travelling expenses for Australian participants in
British nuclear tests or in the British
Commonwealth Occupation Force ...............................
Subdivision 52-CB
28 Subdivision 52-CB (heading)
15
Repeal the heading, substitute:
16
Subdivision 52-CB--Exempt payments under the Australian
17
Participants in British Nuclear Tests and British
18
Commonwealth Occupation Force (Treatment) Act
19
2006
20
29 Section 52-117 (heading)
21
Repeal the heading, substitute:
22
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 2 Consequential amendments
12
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
52-117 Payments of travelling expenses and pharmaceutical
1
supplement are exempt
2
30 Section 52-117
3
Before "A", insert "(1)".
4
31 Section 52-117
5
After "Part 3", insert "(travelling expenses)".
6
32 Section 52-117
7
After "Tests", insert "and British Commonwealth Occupation Force".
8
33 At the end of section 52-117
9
Add:
10
(2) A payment of pharmaceutical supplement made to you under
11
Part 3A of the Australian Participants in British Nuclear Tests and
12
British Commonwealth Occupation Force (Treatment) Act 2006 is
13
exempt from income tax.
14
Military Rehabilitation and Compensation Act 2004
15
34 At the end of subsection 301(4)
16
Add:
17
; or (f) he or she is receiving pharmaceutical supplement under
18
Part 3A of the Australian Participants in British Nuclear
19
Tests and British Commonwealth Occupation Force
20
(Treatment) Act 2006.
21
National Cancer Screening Register Act 2016
22
35 Section 4 (subparagraph (b)(i) of the definition of claims
23
information)
24
After "Tests", insert "and British Commonwealth Occupation Force".
25
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Consequential amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
13
National Health Act 1953
1
36 Subsection 84(1) (subparagraph (b)(ii) of the definition of
2
medicare card)
3
After "Tests", insert "and British Commonwealth Occupation Force".
4
37 Subsection 84(1) (definition of repatriation pharmaceutical
5
benefit)
6
After "Tests", insert "and British Commonwealth Occupation Force".
7
38 Subparagraph 84C(4A)(a)(iii)
8
After "Tests", insert "and British Commonwealth Occupation Force".
9
39 Subparagraph 85E(2)(b)(ii)
10
After "Tests", insert "and British Commonwealth Occupation Force".
11
Social and Community Services Pay Equity Special Account
12
Act 2012
13
40 Item 3 of Part 2 of Schedule 2
14
After "Tests", insert "and British Commonwealth Occupation Force".
15
Social Security Act 1991
16
41 Point 1066A-D2 (heading)
17
Repeal the heading, substitute:
18
No pharmaceutical allowance if person receiving certain
19
supplements under other Acts
20
42 At the end of point 1066A-D2
21
Add:
22
; or (c) pharmaceutical supplement under Part 3A of the Australian
23
Participants in British Nuclear Tests and British
24
Commonwealth Occupation Force (Treatment) Act 2006.
25
43 Point 1066A-D3 (heading)
26
Repeal the heading, substitute:
27
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 2 Consequential amendments
14
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
No pharmaceutical allowance if partner receiving certain
1
supplements under other Acts and not a service pensioner
2
44 Subparagraph 1066A-D3(b)(ii)
3
Omit "; and", substitute "; or".
4
45 At the end of paragraph 1066A-D3(b)
5
Add:
6
(iii) pharmaceutical supplement under Part 3A of the
7
Australian Participants in British Nuclear Tests and
8
British Commonwealth Occupation Force (Treatment)
9
Act 2006; and
10
46 Point 1066B-D2 (heading)
11
Repeal the heading, substitute:
12
No pharmaceutical allowance if person receiving certain
13
supplements under other Acts
14
47 At the end of point 1066B-D2
15
Add:
16
; or (c) pharmaceutical supplement under Part 3A of the Australian
17
Participants in British Nuclear Tests and British
18
Commonwealth Occupation Force (Treatment) Act 2006.
19
48 Point 1066B-D3 (heading)
20
Repeal the heading, substitute:
21
No pharmaceutical allowance if partner receiving certain
22
supplements under other Acts and not a service pensioner
23
49 Subparagraph 1066B-D3(b)(ii)
24
Omit "; and", substitute "; or".
25
50 At the end of paragraph 1066B-D3(b)
26
Add:
27
(iii) pharmaceutical supplement under Part 3A of the
28
Australian Participants in British Nuclear Tests and
29
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Consequential amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
15
British Commonwealth Occupation Force (Treatment)
1
Act 2006; and
2
51 Point 1067G-C2 (heading)
3
Repeal the heading, substitute:
4
No pharmaceutical allowance if partner receiving certain
5
supplements under other Acts and not a service pensioner
6
52 Subparagraph 1067G-C2(b)(ii)
7
Omit "; and", substitute "; or".
8
53 At the end of paragraph 1067G-C2(b)
9
Add:
10
(iii) pharmaceutical supplement under Part 3A of the
11
Australian Participants in British Nuclear Tests and
12
British Commonwealth Occupation Force (Treatment)
13
Act 2006; and
14
54 Point 1067L-C2 (heading)
15
Repeal the heading, substitute:
16
No pharmaceutical allowance if partner receiving certain
17
supplements under other Acts and not a service pensioner
18
55 Subparagraph 1067L-C2(b)(ii)
19
Omit "; and", substitute "; or".
20
56 At the end of paragraph 1067L-C2(b)
21
Add:
22
(iii) pharmaceutical supplement under Part 3A of the
23
Australian Participants in British Nuclear Tests and
24
British Commonwealth Occupation Force (Treatment)
25
Act 2006; and
26
57 Point 1068-D4 (heading)
27
Repeal the heading, substitute:
28
Schedule 1 Australian participants in British nuclear tests and British Commonwealth
Occupation Force
Part 2 Consequential amendments
16
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
No pharmaceutical allowance if person receiving certain
1
supplements under other Acts
2
58 At the end of point 1068-D4
3
Add:
4
; or (c) pharmaceutical supplement under Part 3A of the Australian
5
Participants in British Nuclear Tests and British
6
Commonwealth Occupation Force (Treatment) Act 2006.
7
59 Point 1068-D5 (heading)
8
Repeal the heading, substitute:
9
No pharmaceutical allowance if partner receiving certain
10
supplements under other Acts and not a service pensioner
11
60 Subparagraph 1068-D5(b)(ii)
12
Omit "; and", substitute "; or".
13
61 At the end of paragraph 1068-D5(b)
14
Add:
15
(iii) pharmaceutical supplement under Part 3A of the
16
Australian Participants in British Nuclear Tests and
17
British Commonwealth Occupation Force (Treatment)
18
Act 2006; and
19
62 Point 1068A-C2 (heading)
20
Repeal the heading, substitute:
21
No pharmaceutical allowance if person receiving certain
22
supplements under other Acts
23
63 At the end of point 1068A-C2
24
Add:
25
; or (c) pharmaceutical supplement under Part 3A of the Australian
26
Participants in British Nuclear Tests and British
27
Commonwealth Occupation Force (Treatment) Act 2006.
28
64 Point 1068B-E2 (heading)
29
Repeal the heading, substitute:
30
Australian participants in British nuclear tests and British Commonwealth Occupation
Force Schedule 1
Consequential amendments Part 2
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
17
No pharmaceutical allowance if person receiving certain
1
supplements under other Acts
2
65 At the end of point 1068B-E2
3
Add:
4
; or (c) pharmaceutical supplement under Part 3A of the Australian
5
Participants in British Nuclear Tests and British
6
Commonwealth Occupation Force (Treatment) Act 2006.
7
66 Point 1068B-E3 (heading)
8
Repeal the heading, substitute:
9
No pharmaceutical allowance if partner receiving certain
10
supplements under other Acts and not a service pensioner
11
67 Subparagraph 1068B-E3(b)(ii)
12
Omit "; and", substitute "; or".
13
68 At the end of paragraph 1068B-E3(b)
14
Add:
15
(iii) pharmaceutical supplement under Part 3A of the
16
Australian Participants in British Nuclear Tests and
17
British Commonwealth Occupation Force (Treatment)
18
Act 2006; and
19
Schedule 2 Work test for intermediate or special rate of pension
18
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
Schedule 2--Work test for intermediate or
1
special rate of pension
2
3
Veterans' Entitlements Act 1986
4
1 Paragraph 23(3A)(g)
5
Repeal the paragraph, substitute:
6
(g) when the veteran stopped undertaking his or her last paid
7
work, the veteran had been undertaking remunerative work
8
for a continuous period of at least 10 years that began before
9
the veteran turned 65; and
10
2 Paragraph 24(2A)(g)
11
Repeal the paragraph, substitute:
12
(g) when the veteran stopped undertaking his or her last paid
13
work, the veteran had been undertaking remunerative work
14
for a continuous period of at least 10 years that began before
15
the veteran turned 65; and
16
3 Application provision
17
The amendments made by this Schedule apply in relation to a claim or
18
application referred to in paragraph 23(3A)(a) or 24(2A)(a) of the
19
Veterans' Entitlements Act 1986 that is made on or after the
20
commencement of this item.
21
Rehabilitation programs Schedule 3
No. , 2017
Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
19
Schedule 3--Rehabilitation programs
1
2
Military Rehabilitation and Compensation Act 2004
3
1 Section 37
4
After:
5
The capacity for rehabilitation of a person with a service injury or
6
disease is assessed under Part 2. If the person is capable of
7
rehabilitation, he or she may be required to undertake a
8
rehabilitation program under that Part.
9
insert:
10
Part 2 also provides for rehabilitation for certain persons who have
11
made a claim for acceptance of liability by the Commission for a
12
service injury or disease, where the claim has not been determined.
13
2 Section 38
14
Omit "a service", substitute "an".
15
3 At the end of section 42
16
Add:
17
This Part also provides for rehabilitation for certain persons who
18
have made a claim for acceptance of liability by the Commission
19
for a service injury or disease, where the claim has not been
20
determined.
21
4 Before subsection 43(1)
22
Insert:
23
Commission has accepted liability for service injury or disease
24
5 At the end of section 43
25
Add:
26
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Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
No. , 2017
Claim for acceptance of liability for service injury or disease not
1
determined
2
(3) This Part also applies to a person if:
3
(a) the person has made a claim of a kind referred to in
4
paragraph 319(1)(a); and
5
(b) the Commission has not determined the claim; and
6
(c) the person is included in a class of persons determined in an
7
instrument under subsection (4); and
8
(d) the Commission has determined, in writing, that this Part
9
applies to the person.
10
(4) The Commission may, by legislative instrument, determine a class
11
of persons for the purposes of paragraph (3)(c).
12
(5) A determination under paragraph (3)(d) is not a legislative
13
instrument.
14
6 At the end of subsection 50(1)
15
Add:
16
Note:
Subsection (6) provides that this section does not apply to a person to
17
whom this Part applies because of subsection 43(3) (claim for
18
acceptance of liability not determined).
19
7 At the end of section 50
20
Add:
21
(6) This section does not apply to a person to whom this Part applies
22
because of subsection 43(3) (claim for acceptance of liability not
23
determined).
24
8 At the end of subsection 52(1)
25
Add:
26
Note:
Subsection (6) provides that this section does not apply to a person to
27
whom this Part applies because of subsection 43(3) (claim for
28
acceptance of liability not determined).
29
9 At the end of section 52
30
Add:
31
Rehabilitation programs Schedule 3
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Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
21
(6) This section does not apply to a person to whom this Part applies
1
because of subsection 43(3) (claim for acceptance of liability not
2
determined).
3
10 Application provision
4
The amendments of section 43 of the Military Rehabilitation and
5
Compensation Act 2004 made by this Schedule apply in relation to a
6
claim referred to in paragraph 43(3)(a) of that Act made on or after the
7
commencement of this item.
8
Safety, Rehabilitation and Compensation (Defence-related
9
Claims) Act 1988
10
11 After subsection 36(1)
11
Insert:
12
(1A) If:
13
(a) an employee has made a claim under Part V in relation to an
14
injury to the employee; and
15
(b) the relevant authority has not determined the claim; and
16
(c) the person is included in a class of persons determined in an
17
instrument under subsection (1B); and
18
(d) the MRCC has determined, in writing, that this section
19
applies to the person;
20
the rehabilitation authority may at any time, and must on the
21
written request of the employee, arrange for the assessment of the
22
employee's capability of undertaking a rehabilitation program.
23
(1B) The MRCC may, by legislative instrument, determine a class of
24
persons for the purposes of paragraph (1A)(c).
25
(1C) A determination under paragraph (1A)(d) is not a legislative
26
instrument.
27
12 Subsection 36(2)
28
After "An assessment", insert "mentioned in subsection (1) or (1A)".
29
13 At the end of subsection 36(4)
30
Add:
31
Schedule 3 Rehabilitation programs
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Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017
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Note:
Subsection (9) provides that subsections (4), (4A) and (7) do not apply
1
to an employee if an assessment is arranged under subsection (1A) in
2
relation to the employee.
3
14 At the end of section 36
4
Add:
5
(9) If the rehabilitation authority arranges for an assessment mentioned
6
in subsection (1A) in relation to an employee, subsections (4), (4A)
7
and (7) do not apply to the employee in connection with the
8
assessment.
9
15 After subsection 37(1)
10
Insert:
11
(1A) If:
12
(a) an employee has made a claim under Part V in relation to an
13
injury to the employee; and
14
(b) the relevant authority has not determined the claim; and
15
(c) the person is included in a class of persons determined in an
16
instrument under subsection (1B); and
17
(d) the MRCC has determined, in writing, that this section
18
applies to the person;
19
a rehabilitation authority may make a determination that the
20
employee should undertake a rehabilitation program.
21
(1B) The MRCC may, by legislative instrument, determine a class of
22
persons for the purposes of paragraph (1A)(c).
23
16 Subsection 37(2)
24
After "subsection (1)", insert "or (1A)".
25
17 Subsection 37(2A)
26
Omit "under subsection (1)", substitute "made by a rehabilitation
27
authority under subsection (1) or (1A)".
28
18 After subsection 37(2A)
29
Insert:
30
(2B) A determination made by the MRCC under paragraph (1A)(d) is
31
not a legislative instrument.
32
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23
19 Subsection 37(3)
1
After "subsection (1)", insert "or (1A)".
2
20 At the end of subsection 37(5)
3
Add:
4
Note:
Subsection (9) provides that subsections (5) to (8) do not apply to an
5
employee if a determination is made under subsection (1A) in relation
6
to the employee.
7
21 At the end of section 37
8
Add:
9
(9) If a rehabilitation authority makes a determination under
10
subsection (1A) in relation to an employee, subsections (5) to (8)
11
do not apply to the employee in connection with that
12
determination.
13
22 Paragraph 39(1)(b)
14
After "rehabilitation program", insert "(except in connection with a
15
determination under subsection 37(1A))".
16
23 Paragraph 39(1)(b)
17
After "a program", insert "(except an assessment arranged under
18
subsection 36(1A))".
19
24 Subsection 40(1)
20
After "rehabilitation program", insert "(except in connection with a
21
determination under subsection 37(1A))".
22
25 Application provision
23
The amendments of sections 36 and 37 of the Safety, Rehabilitation and
24
Compensation (Defence-related Claims) Act 1988 made by this
25
Schedule apply in relation to a claim referred to in paragraph 36(1A)(a)
26
or 37(1A)(a) of that Act made on or after the commencement of this
27
item.
28