Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2025 (17 of 2025)

Schedule 3   Review pathway

Part 1   Amendments commencing 60 days after Royal Assent

Division 2   Application and transitional provisions

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004

109   After Part 4

Insert:

Part 5 - Transitional provisions relating to reviews by the Veterans' Review Board

Division 1 - Preliminary

25 Definitions

In this Part:

new law means the MRCA, the DRCA and the VEA as amended by Part 1 of Schedule 3 to the Simplification Act.

old law means the MRCA, the DRCA and the VEA as in force immediately before the review pathway commencement day.

old VEA means the VEA, as in force immediately before the review pathway commencement day.

review pathway commencement day means the day on which Part 1 of Schedule 3 to the Simplification Act commences.

Division 2 - Application of new review pathway

26 Original determinations under the MRCA

Subject to this Part, the amendments of the MRCA made by Part 1 of Schedule 3 to the Simplification Act apply in relation to an original determination that is made on or after the review pathway commencement day, whether the claim to which the determination relates was made before, on or after that day.

27 Determinations under the DRCA

Subject to this Part, the amendments of the DRCA made by Part 1 of Schedule 3 to the Simplification Act apply in relation to a determination that is made under the DRCA on or after the review pathway commencement day, whether the claim to which the determination relates was made before, on or after that day.

28 Decisions under the VEA

Subject to this Part, the amendments of the VEA made by Part 1 of Schedule 3 to the Simplification Act apply in relation to a decision that is made under the VEA on or after the review pathway commencement day, whether the claim or application to which the decision relates was made before, on or after that day.

Division 3 - Continuation of Board

29 Members of the Board

(1) This section applies to a person who was, immediately before the review pathway commencement day, holding office as a member of the Board under section 158 of the old VEA.

(2) The person is taken, on and after the review pathway commencement day, to have been appointed under section 359C of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that day; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that day.

Note: The person's remuneration will not be better than their remuneration as a member of the Board under section 158 of the old VEA unless a higher level of remuneration is determined by the Remuneration Tribunal.

30 Acting members of the Board

(1) This section applies to a person who was appointed to act as a member of the Board under section 161 of the old VEA if the appointment was in force immediately before the review pathway commencement day.

(2) The person is taken, on and after the review pathway commencement day, to have been appointed under section 359CA of the MRCA:

(a) for the balance of the person's term of appointment that remained immediately before that day; and

(b) on terms and conditions (including remuneration) that are equal to, or better than, the terms and conditions that applied to the person immediately before that day.

31 Leave of absence

(1) This section applies to a leave of absence if:

(a) the leave of absence was granted under section 162 of the old VEA before the review pathway commencement day; and

(b) the period of leave is, or includes, that day.

(2) On and after the review pathway commencement day, the leave of absence is taken to have been granted under section 359CC of the MRCA.

32 Staff

(1) This section applies to a person who, immediately before the review pathway commencement day, was engaged and made available to assist the Board under section 172 of the old VEA.

(2) The person is taken, on and after the review pathway commencement day, to be engaged and made available to assist the Board under section 359D of the MRCA.

(3) The repeal of section 172 of the old VEA does not affect the continuity of employment of the person.

33 Delegations by Principal Member

A delegation under section 166 of the old VEA that is in force immediately before the review pathway commencement day continues in force (and may be dealt with) on and after that day as if the delegation had been made under section 359DA of the MRCA.

34 Delegations by Minister to Principal Member

A delegation under paragraph 212(1)(b) of the old VEA that is in force immediately before the review pathway commencement day continues in force (and may be dealt with) on and after that day as if the delegation had been made under subsection 437A(2) of the MRCA.

35 Board annual reports

For the financial year ending before review pathway commencement day

(1) Subsection (2) applies if:

(a) the review pathway commencement day occurs after the end of a financial year; and

(b) the report referred to in subsection 215(4) of the old VEA had not been prepared for the financial year before the review pathway commencement day.

(2) Despite the repeal of subsections 215(4) to (6) of the old VEA by Part 1 of Schedule 3 to the Simplification Act, those subsections continue to apply in relation to the report for the financial year as if that repeal had not happened.

For the financial year in which review pathway commencement day occurs

(3) Subsection (4) applies:

(a) if the review pathway commencement day occurs during a financial year; and

(b) in relation to the operations of the Board during the part of the financial year before the review pathway commencement day.

(4) The first annual report prepared by the Principal Member under section 359DB of the MRCA must cover those operations.

Division 4 - Other matters

36 Effect of things done by, or in relation to, the Board

A thing done by, or in relation to, the Board under a law of the Commonwealth before the review pathway commencement day is not affected by the amendments made by Part 1 of Schedule 3 to the Simplification Act.

37 Reviews in progress

(1) This section applies if a review by the Board is pending immediately before the review pathway commencement day.

(2) The Board must, as far as possible, continue the review under the new law.

(3) Anything done in, or in relation to, the review before the review pathway commencement day continues to have effect for the purposes of, or in relation to, the review (as the case requires) on and after that day.

(4) Anything done in, or in relation to, the review before the review pathway commencement day that was valid under, or done in accordance with, the old law is taken to be valid under, or to have been done in accordance with, the new law for the purposes of the review on and after the review pathway commencement day.

38 Continued effect of certain instruments

(1) If:

(a) before the review pathway commencement day, an instrument was made under, or for the purposes of, a provision of the old VEA mentioned in column 1 of an item of the following table; and

(b) immediately before the review pathway commencement day, the instrument is in force;

the instrument continues to have effect, on and after the review pathway commencement day, as if it had been made under the provision of the MRCA mentioned in column 2 of the item.

(2) If:

(a) before the review pathway commencement day, an instrument was made under subsection 132(9) of the old VEA; and

(b) immediately before the review pathway commencement day, the instrument is in force;

the instrument continues to have effect, on and after the review pathway commencement day, as if it had been made under subsection 132(9) of the VEA as substituted by Part 1 of Schedule 3 to the Simplification Act.

39 Transitional regulations

(1) The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the enactment of Schedule 3 to the Simplification Act.

(2) This Part does not limit the regulations that may be made for the purposes of subsection (1).