House of Representatives

Explanatory Memorandum

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

VETERANS' AFFAIRS LEGISLATION AMENDMENT (BUDGET MEASURES) BILL 2017

OUTLINE AND FINANCIAL IMPACT

Outline

Schedule 1 - Australian participants in British nuclear tests and British Commonwealth Occupation Force

Schedule 1 of the Bill would amend the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (APBNTTA) to provide people already covered under the APBNTTA (British Nuclear Test Participants (BNT)), as well as Australian veterans of the British Commonwealth Occupation Force (BCOF) and civilians present at a British nuclear test area during a relevant period with treatment for all conditions.

Schedule 2 - Work test for intermediate or special rate of pension

Schedule 2 of the Bill would amend the current outdated work history restrictions for the Special and Intermediate Rates of Disability Pension provided in the Veterans' Entitlements Act 1986 to better reflect modern working arrangements. The changes would remove the current requirement for claimants over 65 to have worked for 10 years with the same employer, and for self-employed clients to have worked a minimum of 10 years in the same profession, trade, vocation or calling. Instead, the work history requirement for Special and Intermediate Rates of Disability Pension would just require a period of 10 continuous years of work in any field or vocation prior to applying for the Special or Intermediate Rates of Disability Pension.

Schedule 3 - Rehabilitation programs

Schedule 3 of the Bill would insert instrument making powers into the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), enabling the Military Rehabilitation and Compensation Commission to determine a class of persons eligible to participate in an early access to rehabilitation pilot programme. Certain other amendments are made by this Schedule to break the nexus between acceptance of liability and undertaking rehabilitation, as currently Safety, Rehabilitation and Compensation Act 1988 (anticipated to become the DRCA on 1 July 2017) and MRCA claimants have to wait until their initial liability claim is accepted before they can access rehabilitation services.