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This is a Bill, not an Act. For current law, see the Acts databases.
2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Veterans' Affairs Legislation
Amendment (Digital Readiness and
Other Measures) Bill 2016
No. , 2016
(Veterans' Affairs)
A Bill for an Act to amend the law relating to
veterans' entitlements and military rehabilitation
and compensation, and for related purposes
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Computerised decision-making
4
Military Rehabilitation and Compensation Act 2004
4
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
5
Veterans' Entitlements Act 1986
6
Schedule 2--Disclosure of information
8
Military Rehabilitation and Compensation Act 2004
8
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
9
Veterans' Entitlements Act 1986
12
Schedule 3--Technical amendments
14
Safety, Rehabilitation and Compensation (Defence-related Claims)
Act 1988
14
Veterans' Entitlements Act 1986
14
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
1
A Bill for an Act to amend the law relating to
1
veterans' entitlements and military rehabilitation
2
and compensation, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Veterans' Affairs Legislation Amendment (Digital
6
Readiness and Other Measures) Act 2016.
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 (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
1
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 and 2
The day after this Act receives the Royal
Assent.
3. Schedule 1,
items 3 and 4
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 2016.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
4. Schedule 1,
items 5 and 6
The day after this Act receives the Royal
Assent.
5. Schedule 2,
items 1 and 2
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
6. Schedule 2,
items 3 to 8
The later of:
(a) the day the provisions covered by table
item 5 commence; and
(b) the 28th day after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2016.
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
7. Schedule 2,
items 9 to 13
At the same time as the provisions covered
by table item 5.
8. Schedule 3,
item 1
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Safety,
Rehabilitation and Compensation
Legislation Amendment (Defence Force)
Act 2016.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
9. Schedule 3,
items 2 and 3
The day after this Act receives the Royal
Assent.
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 Computerised decision-making
4
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
Schedule 1--Computerised decision-making
1
2
Military Rehabilitation and Compensation Act 2004
3
1 After section 4
4
Insert:
5
4A Secretary may arrange for use of computer programs to make
6
decisions or determinations
7
(1) The Secretary may arrange for the use, under the Secretary's
8
control, of computer programs for any purposes for which the
9
Commission may, or must, under this Act or a legislative
10
instrument made for the purposes of this Act:
11
(a) make a decision or determination; or
12
(b) exercise any power or comply with any obligation; or
13
(c) do anything else related to making a decision or
14
determination or exercising a power or complying with an
15
obligation.
16
(2) For the purposes of this Act or the legislative instrument, the
17
Commission is taken to have:
18
(a) made a decision or determination; or
19
(b) exercised a power or complied with an obligation; or
20
(c) done something else related to the making of a decision or
21
determination or the exercise of a power or the compliance
22
with an obligation;
23
that was made, exercised, complied with or done by the operation
24
of a computer program under an arrangement made under
25
subsection (1).
26
Substituted decisions or determinations
27
(3) The Commission may, under a provision of this Act or of the
28
legislative instrument, make a decision or determination in
29
substitution for a decision or determination the Commission is
30
taken to have made under paragraph (2)(a) if the Commission is
31
Computerised decision-making Schedule 1
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
5
satisfied that the decision or determination made by the operation
1
of the computer program is incorrect.
2
Note:
For review of a determination made in substitution, see Chapter 8.
3
(4) Subsection (3) does not limit Chapter 8 (about reconsideration and
4
review of determinations).
5
2 Subsection 5(1)
6
Insert:
7
Secretary means Secretary of the Department.
8
Safety, Rehabilitation and Compensation (Defence-related
9
Claims) Act 1988
10
3 After section 3
11
Insert:
12
3A Secretary may arrange for use of computer programs to make
13
decisions or determinations
14
(1) The Secretary may arrange for the use, under the Secretary's
15
control, of computer programs for any purposes for which the
16
MRCC may, or must, under this Act or a legislative instrument
17
made for the purposes of this Act:
18
(a) make a decision or determination; or
19
(b) exercise any power or comply with any obligation; or
20
(c) do anything else related to making a decision or
21
determination or exercising a power or complying with an
22
obligation.
23
(2) For the purposes of this Act or the legislative instrument, the
24
MRCC is taken to have:
25
(a) made a decision or determination; or
26
(b) exercised a power or complied with an obligation; or
27
(c) done something else related to the making of a decision or
28
determination or the exercise of a power or the compliance
29
with an obligation;
30
Schedule 1 Computerised decision-making
6
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
that was made, exercised, complied with or done by the operation
1
of a computer program under an arrangement made under
2
subsection (1).
3
Substituted decisions or determinations
4
(3) The MRCC may, under a provision of this Act or of the legislative
5
instrument, make a decision or determination in substitution for a
6
decision or determination the MRCC is taken to have made under
7
paragraph (2)(a) if the MRCC is satisfied that the decision or
8
determination made by the operation of the computer program is
9
incorrect.
10
Note:
For review of a decision or determination made in substitution, see
11
Part VI.
12
(4) Subsection (3) does not limit Part VI (about reconsideration and
13
review of determinations).
14
4 Subsection 4(1)
15
Insert:
16
Secretary means Secretary of the Department.
17
Veterans' Entitlements Act 1986
18
5 After section 4A
19
Insert:
20
4B Secretary may arrange for use of computer programs to make
21
decisions
22
(1) The Secretary may arrange for the use, under the Secretary's
23
control, of computer programs for any purposes for which the
24
Commission may, or must, under this Act or a legislative
25
instrument made for the purposes of this Act:
26
(a) make a decision; or
27
(b) exercise any power or comply with any obligation; or
28
(c) do anything else related to making a decision or exercising a
29
power or complying with an obligation.
30
Computerised decision-making Schedule 1
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
7
(2) For the purposes of this Act or the legislative instrument, the
1
Commission is taken to have:
2
(a) made a decision; or
3
(b) exercised a power or complied with an obligation; or
4
(c) done something else related to the making of a decision or
5
the exercise of a power or the compliance with an obligation;
6
that was made, exercised, complied with or done by the operation
7
of a computer program under an arrangement made under
8
subsection (1).
9
Substituted decisions
10
(3) The Commission may, under a provision of this Act or of the
11
legislative instrument, make a decision in substitution for a
12
decision the Commission is taken to have made under
13
paragraph (2)(a) if the Commission is satisfied that the decision
14
made by the operation of the computer program is incorrect.
15
Note:
For review of a decision made in substitution, see Parts IX and X.
16
(4) Subsection (3) does not limit any other provision of this Act that
17
provide for the review or reconsideration of a decision.
18
6 At the end of subsection 214(1)
19
Add "and the power under subsection 4B(1)".
20
Schedule 2 Disclosure of information
8
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
Schedule 2--Disclosure of information
1
2
Military Rehabilitation and Compensation Act 2004
3
1 After section 409
4
Insert:
5
409A Public interest disclosures
6
(1) The Secretary may, if the Secretary certifies that it is necessary in
7
the public interest to do so in a particular case or class of cases,
8
disclose any information obtained by any person in the
9
performance of that person's duties under this Act to such persons
10
and for such purposes as the Secretary determines.
11
(2) The Secretary must, in giving certificates under subsection (1), act
12
in accordance with any rules made under subsection (3).
13
(3) The Minister may, by legislative instrument, make rules for and in
14
relation to the exercise of the Secretary's power to give certificates
15
under subsection (1).
16
(4) A certificate under subsection (1) that applies in relation to a
17
particular case is not a legislative instrument.
18
(5) A certificate under subsection (1) that applies in relation to a class
19
of cases is a legislative instrument.
20
Limit on disclosure of personal information
21
(6) Before disclosing personal information about a person under
22
subsection (1), the Secretary must:
23
(a) notify the person in writing of the Secretary's intention to
24
disclose the information; and
25
(b) give the person a reasonable opportunity to make written
26
comments on the proposed disclosure of the information; and
27
(c) consider any written comments made by the person.
28
(7) The Secretary commits an offence if:
29
Disclosure of information Schedule 2
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
9
(a) the Secretary discloses personal information about a person
1
under subsection (1); and
2
(b) the Secretary failed to comply with subsection (6) in relation
3
to that disclosure.
4
Penalty: 60 penalty units.
5
Authorisation for Australian Privacy Principles
6
(8) To avoid doubt, if information is disclosed in accordance with this
7
section, the disclosure is taken, for the purposes of the Australian
8
Privacy Principles, to be authorised by this Act.
9
Definitions
10
(9) In this section:
11
personal information has the same meaning as in the Privacy Act
12
1988.
13
2 Application provision
14
The amendment made by item 1 applies in relation to disclosures of
15
information on or after the commencement of that item (whether the
16
information was obtained before, on or after that commencement).
17
Safety, Rehabilitation and Compensation (Defence-related
18
Claims) Act 1988
19
3 Subsection 147(2) (after table item 2)
20
Insert:
21
2A
Section 61
The section applies as if it requires the determining
authority to give a copy of the notice to the Chief of
the Defence Force if the determination relates to
liability for an injury, disease or death, or the
permanent impairment, of a person who was a
member of the Defence Force:
(a) for an injury or disease or permanent
impairment--at the time when the determination
was made; or
(b) for a death--at the time of death.
Schedule 2 Disclosure of information
10
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
4 Subsection 151(1)
1
Omit "relevant to a defence-related claim", substitute "required for the
2
purposes of this Act".
3
5 After subsection 151A(1)
4
Insert:
5
(1A) The MRCC (or a staff member assisting the MRCC) may provide
6
any information obtained in the performance of duties under this
7
Act to the Secretary of the Defence Department for any purposes
8
relating to:
9
(a) litigation involving an injury, disease or death of an
10
employee in relation to which a claim has been made under
11
this Act; or
12
(b) monitoring, or reporting on, the performance of the Defence
13
Force in relation to occupational health and safety; or
14
(c) monitoring the cost to the Commonwealth of injuries,
15
diseases or deaths of employees, in relation to which claims
16
have been made under this Act.
17
6 Paragraphs 151A(2)(a) and (b)
18
After "the information", insert "obtained under subsection (1) or (1A)".
19
7 After section 151A
20
Insert:
21
151B Public interest disclosures
22
(1) The Secretary may, if the Secretary certifies that it is necessary in
23
the public interest to do so in a particular case or class of cases,
24
disclose any information obtained by any person in the
25
performance of that person's duties under this Act to such persons
26
and for such purposes as the Secretary determines.
27
(2) The Secretary must, in giving certificates under subsection (1), act
28
in accordance with any rules made under subsection (3).
29
(3) The Minister may, by legislative instrument, make rules for and in
30
relation to the exercise of the Secretary's power to give certificates
31
under subsection (1).
32
Disclosure of information Schedule 2
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
11
(4) A certificate under subsection (1) that applies in relation to a
1
particular case is not a legislative instrument.
2
(5) A certificate under subsection (1) that applies in relation to a class
3
of cases is a legislative instrument.
4
Limit on disclosure of personal information
5
(6) Before disclosing personal information about a person under
6
subsection (1), the Secretary must:
7
(a) notify the person in writing of the Secretary's intention to
8
disclose the information; and
9
(b) give the person a reasonable opportunity to make written
10
comments on the proposed disclosure of the information; and
11
(c) consider any written comments made by the person.
12
(7) The Secretary commits an offence if:
13
(a) the Secretary discloses personal information about a person
14
under subsection (1); and
15
(b) the Secretary failed to comply with subsection (6) in relation
16
to that disclosure.
17
Penalty: 60 penalty units.
18
Authorisation for Privacy Act 1988
19
(8) To avoid doubt, information that is disclosed in accordance with
20
this section is taken, for the purposes of the Privacy Act 1988, to be
21
authorised by law.
22
Definitions
23
(9) In this section:
24
personal information has the same meaning as in the Privacy Act
25
1988.
26
8 Application provisions
27
(1)
The amendment made by item 3 applies in relation to notices given on
28
or after the commencement of that item.
29
Schedule 2 Disclosure of information
12
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
(2)
The amendments made by items 5 and 7 apply in relation to disclosures
1
of information on or after the commencement of those items (whether
2
the information was obtained before, on or after that commencement).
3
Veterans' Entitlements Act 1986
4
9 At the end of section 130
5
Add:
6
(3) To avoid doubt, if information is disclosed in accordance with
7
subsection (2), the disclosure is taken, for the purposes of the
8
Australian Privacy Principles, to be authorised by this Act.
9
10 After section 131
10
Insert:
11
131A Public interest disclosures
12
(1) The Secretary may, if the Secretary certifies that it is necessary in
13
the public interest to do so in a particular case or class of cases,
14
disclose any information obtained by any person in the
15
performance of that person's duties under this Act to such persons
16
and for such purposes as the Secretary determines.
17
(2) The Secretary must, in giving certificates under subsection (1), act
18
in accordance with any rules made under subsection (3).
19
(3) The Minister may, by legislative instrument, make rules for and in
20
relation to the exercise of the Secretary's power to give certificates
21
under subsection (1).
22
(4) A certificate under subsection (1) that applies in relation to a
23
particular case is not a legislative instrument.
24
(5) A certificate under subsection (1) that applies in relation to a class
25
of cases is a legislative instrument.
26
Limit on disclosure of personal information
27
(6) Before disclosing personal information about a person under
28
subsection (1), the Secretary must:
29
Disclosure of information Schedule 2
No. , 2016
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
13
(a) notify the person in writing of the Secretary's intention to
1
disclose the information; and
2
(b) give the person a reasonable opportunity to make written
3
comments on the proposed disclosure of the information; and
4
(c) consider any written comments made by the person.
5
(7) The Secretary commits an offence if:
6
(a) the Secretary discloses personal information about a person
7
under subsection (1); and
8
(b) the Secretary failed to comply with subsection (6) in relation
9
to that disclosure.
10
Penalty: 60 penalty units.
11
Authorisation for Australian Privacy Principles
12
(8) To avoid doubt, if information is disclosed in accordance with this
13
section, the disclosure is taken, for the purposes of the Australian
14
Privacy Principles, to be authorised by this Act.
15
Definitions
16
(9) In this section:
17
personal information has the same meaning as in the Privacy Act
18
1988.
19
11 Paragraph 212(1)(a)
20
After "delegation", insert "and the power under subsection 131A(3)".
21
12 Subsection 214(1)
22
Omit "and the power under subsection 4B(1)", substitute "and the
23
powers under subsections 4B(1) and 131A(1)".
24
13 Application provision
25
The amendment made by item 10 applies in relation to disclosures of
26
information on or after the commencement of that item (whether the
27
information was obtained before, on or after that commencement).
28
Schedule 3 Technical amendments
14
Veterans' Affairs Legislation Amendment (Digital Readiness and Other
Measures) Bill 2016
No. , 2016
Schedule 3--Technical amendments
1
2
Safety, Rehabilitation and Compensation (Defence-related
3
Claims) Act 1988
4
1 Section 1
5
After "and Compensation", insert "(Defence-related Claims)".
6
Veterans' Entitlements Act 1986
7
2 Subsection 127(4) (penalty)
8
Omit "$1,000 or imprisonment for 6 months", substitute "Imprisonment
9
for 6 months or 10 penalty units".
10
3 Section 216
11
Omit "$500", substitute "5 penalty units".
12