Veterans' Entitlements Amendment Bill 2018 [2018] AUSStaCSBSD 207 (12 September 2018)

• Veterans' Entitlements Amendment Bill 2018
• Retrospective application 12

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Veterans' Entitlements Amendment Bill 2018

Purpose	This bill seeks to authorise the Department of Veterans’ Affairs to deduct an overpayment of a service pension, income support supplement or social security pension from a specified payment paid to the surviving partner, where the partner had the benefit of that overpayment and the overpayment was due to the death of the deceased
Portfolio	Veterans' Affairs
Introduced	House of Representatives on 22 August 2018

Retrospective application ^[12]

1.19 Item 4 seeks to insert proposed section 53NAA into the Veterans' Entitlements Act 1986 (the Act), the effect of which would be to authorise the Department of Veterans' Affairs to deduct an overpayment of a service pension, income support supplement or social security pension from a specified payment paid to a surviving partner where that partner had the benefit of the overpayment and the overpayment occurred due to the death of the deceased partner. Item 5 seeks to retrospectively apply this to deaths occurring, or payments or amounts that became payable or were paid on or after 1 January 1996.

1.20 The committee has a long-standing scrutiny concern about provisions that have the effect of applying retrospectively, as it challenges a basic value of the rule of law that, in general, laws should only operate prospectively (not retrospectively). The committee has a particular concern if the legislation will, or might, have a detrimental effect on individuals.

1.21 Generally, where proposed legislation will have a retrospective effect the committee expects the explanatory materials should set out the reasons why retrospectivity is sought, and whether any persons are likely to be adversely affected and the extent to which their interests are likely to be affected.

1.22 In this instance, the explanatory memorandum contains no explanation of why it is considered necessary to retrospectively apply the proposed new section, merely stating that the proposed new section is intended to operate in the same way as the previously removed section 36U.^[13] The explanatory memorandum also does not address the question of whether any persons are likely to be adversely affected.

1.23 The committee requests the minister's advice as to why it is necessary to retrospectively apply proposed section 53NAA from 1 January 1996 and whether this will adversely affect any persons.

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[12] Schedule 1, item 5. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(i).

[13] The committee notes that section 36U was removed from the Act by the Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Act (No.2) 1995.