Explanatory Memorandum
(Circulated by authority of the Minister for Veterans' Affairs, The Honourable Darren Chester MP)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Treatment Benefits (Special Access)(Consequential Amendments and Transitional Provisions) Bill 2019
The Treatment Benefits (Special Access)(Consequential Amendments and Transitional Provisions) Bill 2019 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.
Overview of the Bill
The Treatment Benefits (Special Access)(Consequential Amendments and Transitional Provisions) Bill 2019 (the Bill) is a companion to the Treatment Benefits (Special Access) Bill 2019. The Treatment Benefits (Special Access) Bill 2019 will give effect to the Government's decision to provide medical treatment for members of Australian Civilian Medical Teams (CSMTs) that provided medical aid, training and treatment to local Vietnamese people during the Vietnam War through a DVA Gold Card. Eligible CSMT members would be able to gain access to treatment for all injuries and illnesses.
The Treatment Benefits (Special Access)(Consequential Amendments and Transitional Provisions) Bill 2019 would make consequential amendments to several Acts. These consequential amendments are necessary to enable the effective operation of the Treatment Benefits (Special Access) Bill 2019.
Human rights implications
Right to health
The Bill engages the right to health under Article 12 of the International Covenant on Economic, Cultural and Social Rights (ICECSR). Article 12 of the ICECSR refers to "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health".
Conclusion
The Bill is compatible with the right to health as it supports the right of CSMT members to health as all treatment costs will be paid for via a Gold Card in the DVA Health Card system.
This Explanatory Memorandum uses the following abbreviations:
APBNTTA means the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006
Commission means the Repatriation Commission established under the VEA
CSMTs means Civilian Surgical and Medical Teams
DRCA means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
DVA means the Department of Veterans' Affairs
MRCA means the Military Rehabilitation and Compensation Act 2004
SSA means the Social Security Act 1991
SRCA means the Safety, Rehabilitation and Compensation Act 1988
VEA means the Veterans' Entitlements Act 1986