House of Representatives

Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017

Supplementary Explanatory Memorandum

(Circulated by authority of the Minister for Veterans' Affairs, The Honourable Dan Tehan MP)
Amendments to be Moved on Behalf of the Government

Statement of Compatibility with Human Rights

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

Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017

This Schedule is 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.

Amendment (1)

Amendment (1) provides that Schedule 5A commences the day after Royal Assent.

Amendment (1) does not engage any of the applicable rights or freedoms.

Amendments (2) and (3)

Amendments (2) and (3) would amend Schedule 1 of the Bill which proposed to make amendments to the Veterans' Entitlements Act 1986 (VEA) relevant to the operation of the Veterans' Review Board.

The Veterans' Review Board (the Board) is a statutory authority whose role is to provide independent merits review of decisions made under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).

The amendment removes new subsection 155(8A) of the VEA which would have provided the Principal Member with the power to dismiss an application to the Veterans' Review Board for the review of a decision if he or she is satisfied that the application is frivolous, vexatious, misconceived or lacking in substance, has no reasonable prospect of success, or is otherwise an abuse of process. The related application provision for this subsection is also removed as it is not required.

Human rights implications

Amendments (2) and (3) do not engage any of the applicable rights or freedoms.

Amendment (4) - Omit and substitute Schedule 3

Amendment (4) repeals and substitutes Schedule 3 of the Bill. That Schedule had repealed and replaced by section 203 of the VEA and the new Schedule modifies the earlier amendments.

Section 203 provides the Minister for Veterans' Affairs with the power to enter into arrangements with the governments of countries that are or have been Dominions of the Crown. The arrangements allowed for each of the governments as a party to the arrangement, to act as an agent of the other country for the payment of pensions and the provision of assistance and benefits to eligible veterans or dependants who were resident in that country.

The existing arrangements concern only those payments and benefits which are payable under the VEA.

New Schedule 3 repeals and replaces section 203 so that arrangements may be entered into which may now cover allied veterans and defence force members with service of the type for which benefits and payments including rehabilitation can be provided by the Repatriation Commission or the Military Rehabilitation and Compensation Commission under the VEA, MRCA, Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 or the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

Human rights implications

New Schedule 3 does not engage any of the applicable rights or freedoms.

Amendment (5) - amends subsection 84(1) (subparagraph (c)(ii) of the definition of concessional beneficiary )

The amendment amends the definition of "concessional beneficiary" in subparagraph 84(1)(c)(ii) of the National Health Act 1953 by referring to a person who is eligible for fringe benefits under section 53A of the VEA.

Human rights implications

Right to health

The right to health is contained in article 12 of the International Covenant on Economic, Social and Cultural Rights and refers to the "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health".

Amendment (5) affirms this right, as it restores DVA clients' access to discounted pharmaceuticals.

Conclusion

Schedule 5A is compatible with human rights because it promotes access to the right to health.

Amendment (6) - Amend new paragraph 437A(b) of the Military Rehabilitation and Compensation Act 2004 [Item 1 of Schedule 6]

The amendment would mean that, if the Minister for Veterans' Affairs decided to delegate any of his or her functions or powers under the MRCA, he or she would be able to delegate them either to a member of the Military Rehabilitation and Compensation Commission, or an SES employee, or acting SES employee, in the Department of Veterans' Affairs.

Human rights implications

Amendment (6) does not engage any of the applicable rights or freedoms.

Amendments (7) - (10) - technical amendments

Amendment (7), (8), (9) and (10) would update the name of an Act from the Australian Participants in British Nuclear Tests (Treatment) Act 2006 to the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

The name was amended by the Veterans' Affairs Legislation Amendment (Budget Measures) Act 2017. That Act amended the Australian Participants in British Nuclear Tests (Treatment) Act 2006 to provide people already covered under that Act, British Nuclear Test Participants, as well as Australian veterans of the British Commonwealth Occupation Force and civilians present at a nuclear test area during a relevant period with full health coverage for all conditions. These are technical amendments.

Human rights implications

Amendments (7) - (10) do not engage any of the applicable rights or freedoms.

Conclusion

The amendments are compatible with human rights.


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