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2013-2014-2015
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
THE SENATE
VETERANS' ENTITLEMENTS AMENDMENT
(EXPANDED GOLD CARD ACCESS) BILL 2015
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Lambie)
VETERANS' ENTITLEMENTS AMENDMENT (EXPANDED
GOLD CARD ACCESS) BILL 2015
GENERAL OUTLINE
1. The purpose of the Veterans' Entitlements Amendment (Expanded Gold Card Access) Bill
2015 is to amend the Veterans' Entitlements Act 1986 (Cth) so that all veterans, including
peacekeepers and peacemakers or former members of Australia's Defence Force, who have
served in war or war-like operations, (and for related purposes) are provided medical and
psychological treatment free-of-charge - as a right of service - the best medical treatment
Australia has to offer i.e. Health Gold Card benefits.
2. At present, there are three categories of repatriation, depending on service and medical
needs:
1. Orange Card (pharmaceutical only),
2. White Card (specific conditions) and a
3. Gold Card (all clinical health needs).
3. While repatriation efforts have improved in recent decades, as witnessed by high rates of
self-harm and homelessness - there are still many people who have served Australia who's
medical and psychological needs are not addressed.
4. The Veterans' Entitlements Amendment (Expanded Gold Card Access) Bill 2015 is an
important first step in ensuring a more effective transition between national service and
civilian life.
5. The Veterans' Entitlements Amendment (Expanded Gold Card Access) Bill 2015 broadens
the terms of reference of the Veterans' Entitlements Act 1986 to ensure everyone who served
in war or war-like operations receive vital, necessary and timely medical and psychological
treatment - whether or not the condition or injury was caused by war or contracted during war
or war-like operations.
6. Traditionally, effective repatriation was seen as a national obligation and the least we can do
to honour those who serve. This bill reaffirms that commitment and builds on and strengthens
Australia's traditional obligation to veterans and their rights. It ensures that all who serve and
who are injured either physically, psychologically or both, as a result of their service - receive
appropriate medical and psychological care.
7. Our veterans must be guaranteed the best medical care Australia can deliver without the
unnecessary trauma of being forced into a lengthy and costly administrative, legal and
bureaucratic fight with the Department of Veterans' Affairs.
8. It is expected that when the decrease of Australian veterans' homelessness, suicide and self
harm rates are taken into account, as well as the savings to the Australian Taxpayer created by
forgoing expensive medical/legal tests, assessments and court cases involving our veterans.
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NOTES ON CLAUSES -
Part 1 - Preliminary
9. Veterans' Entitlements Amendment (Expanded Gold Card Access) Act 2015 is legislation
that ensures that every person, including federal police and members of the Australian
Defence Forces who undertake war or war like service will receive medical and
psychological care, under the authority of a Gold Card.
Clause 1 - Short Title
10. This clause provides for the bill, once enacted, to be called the Veterans' Entitlements
Amendment (Expanded Gold Card Access) Act 2015.
Clause 2 - Commencement
11. This clause provides for sections 1-3 to commence on Royal Assent and Schedule 1 to
commence the day after this Bill receives Royal Assent.
Clause 3 - Schedules
12. Each Act specified in a Schedule to this Act, is amended or repealed as is set out in the
applicable items in the Schedule. Any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1 - Amendments
13. Amendments to the Veterans' Entitlements Act 1986
Item 1 - Section 85 (heading)
14. This item repeals the heading to section 85 and substitutes ``Veterans and other members
including Peacekeepers are eligible to be provided with treatment''.
Item 2 - New subsection 85(1A)
15. This item inserts a new subsection 85(1A) that deals with, before section 85(1) insert:
"treatment to be provided under Part V for - members who have served in war or war-like
operations"
16. Under this section, a person is eligible to be provided with treatment under Part V for any
injury suffered, or disease contracted, by the person, whether before or after the
commencement of this Act, if:
17. The person is a veteran, or is, or has been, a member of the Defence Force; or is, or has
been, a member of a Peacekeeping Force (as defined by subsection 68(1); and the person has,
as such a veteran or member, rendered service in war or in a war-like operations.
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Item 3 - Section 199
18. This item inserts "(1)" before "The Consolidated Revenue Fund'' to ensure clarity and
accuracy in the legislation, as this Bill inserts a second subsection in section 199 of the
Veterans' Entitlement Act 1986.
Item 4 - New subsection 199(2)
19. This item amends section 199 of the Veterans' Entitlement Act 1986 by inserting a new
subsection to carve out of the standing appropriation any additional amounts that are payable
by the Commonwealth as a result of the amendments made by the Veterans' Entitlements
Amendment (Expanded Gold Card Access) Bill 2015. This carve out means that the
Parliament will have to separately appropriate funds for the purposes of these additional
payments. Savings are expected once Australian veterans' homelessness, suicide and self-harm
rates decrease due to comprehensive access to medical treatment as provided by a Gold Card.
Item 5 - Application
20. Item 5 gives the Bill retrospective effect if the eligible persons are alive on the date of
commencement and the treatment was provided on or after August 1, 1947. This is justifiable
due to the unnecessary trauma of forced lengthy and costly administrative, legal and
bureaucratic fight with the Department of Veterans' Affairs, many veterans have had to
endure.
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Statement of Compatibility with Human Rights
21. Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Veterans' Entitlements Amendment
(Expanded Gold Card Access) Bill 2015
22. This Bill is compatible with 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
23. The purpose of this Bill is to amend the Veterans' Entitlements act 1986 so that veterans
and others, including, but not limited to, peacekeepers and Australian Federal Police, who
have served in war or war-like operations and for related purposes are provided with
appropriate medical and other treatments as required.
Human rights implications
25. This Bill does not engage any of the applicable rights or freedoms.
Conclusion
26. This Bill is compatible with human rights as it does not raise any human rights issues.
Senator Lambie
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