Commonwealth of Australia Explanatory Memoranda

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VETERANS' AFFAIRS LEGISLATION AMENDMENT (2015 BUDGET MEASURES) BILL 2015

                            2013-2014-2015




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                               SENATE




      VETERANS' AFFAIRS LEGISLATION AMENDMENT
           (2015 BUDGET MEASURES) BILL 2015




    SUPPLEMENTARY EXPLANATORY MEMORANDUM



        Amendments to be Moved on Behalf of the Government




      (Circulated by authority of the Minister for Veterans' Affairs,
                   The Honourable Stuart Robert MP)

       VETERANS' AFFAIRS LEGISLATION AMENDMENT

                 (2015 BUDGET MEASURES) BILL 2015


OUTLINE AND FINANCIAL IMPACT
These Government amendments will omit Schedule 2 of the Veterans' Affairs
Legislation Amendment (2015 Budget Measures) Bill 2015. Schedule 2 implemented
a single appeal path for the review of original determinations made under the Military
Rehabilitation and Compensation Act 2004 (MRCA).

The amendments mean that, the existing dual appeal path for the review of original
determinations made under the MRCA will continue to apply.

FINANCIAL IMPACT STATEMENT
Schedule 2 - Reconsideration and review of determinations

Foregone savings of $2.2 million over 4 years




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          Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
                                        2011


Government Amendments to Schedule 2 - Reconsideration and review of
determinations

The amendments to Schedule 2 are compatible with the human rights and freedoms
recognised or declared in the international instruments listed in section 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

The amendments to Schedule 2 will omit Schedule 2 from the Veterans' Affairs
Legislation Amendment (2015 Budget Measures) Bill 2015. The amendments mean
that, the existing dual appeal path for the review of original determinations made
under the MRCA will continue to apply.


Human rights implications

Schedule 2 engages the following human rights:

Right to a fair hearing

The right to a fair trial and fair hearing is protected by article 14 of the International
Covenant on Civil and Political Rights. The right applies to both criminal and civil
proceedings and to cases before both courts and tribunals.

The right is concerned with procedural fairness and encompasses notions of equality
in proceedings, the right to a public hearing and the requirement that hearings are
conducted by an independent and impartial body.

The effect of the Government amendments is that the existing dual appeal path for the
review of original determinations made under the MRCA will continue to apply.


Conclusion

As the proposed amendments maintain the status quo, there is no human rights
impact.




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                           Government Amendments



Amendment (1) omits the reference to 'military rehabilition and compensation' from
the long title of the Bill.

Amendment (2) omits the commencement provision for Schedule 2 from Clause 2.

Amendment (3) omits Schedule 2 of the Bill.




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