2010-2011

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

SENATE

 

 

VETERANS’ ENTITLEMENTS AMENDMENT BILL 2011

 

 

ADDENDUM TO THE EXPLANATORY MEMORANDUM

 

 

PAGE 9 - SCHEDULE 2 - COMPENSATION OFFSETTING

 

Explanation of the changes - after the first paragraph add:

 

“The proposed amendments will not change the current operation of the compensation offsetting provisions.  The changes are intended to clarify the operation of the legislation following the Smith decision and ensure that the established compensation offsetting practices can continue.

 

This includes the interaction between the compensation offsetting provisions and Chapter 19 (“Partially Contributing Impairment”) of the Guide to the Assessment of Rates of Veterans’ Pensions, 5 ^th Edition (GARP V), which will not change under the proposed amendments.

 

Under current practice, if medical opinion is able to determine the relative contribution of an accepted condition and a non-accepted condition to the impairment, Chapter 19 of the GARP V is used to “apportion” the contribution from the accepted condition.  Where relative contribution can be apportioned between impairment from an accepted condition and impairment from a non-accepted condition, this apportionment applies and the compensation offsetting provisions do not apply.  This current practice will not change under the proposed amendments.

 

If medical opinion is not able to apportion the relative contribution of an accepted condition and a non-accepted condition, Chapter 19 of the GARP V cannot apply.  In these circumstances, the compensation offsetting provisions operate to ensure that a veteran or member is not compensated twice for the same incapacity.  Again, this practice will not change under the proposed amendments.”

 

The Repatriation Commission will be issuing appropriate policy guidance to Department of Veterans’ Affairs staff to ensure offsetting occurs in line with the legislation and longstanding practice as outlined above.  Ex-Service Organisations will be consulted during the development of this material.

 

(Circulated by the authority of the Minister for Veterans’ Affairs,

The Honourable Warren Snowdon, MP)