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Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill 2015

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2013-2014-2015

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

 

 

 

VETERANS’ AFFAIRS LEGISLATION AMENDMENT

(2015 BUDGET MEASURES) BILL 2015

 

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

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

The Honourable Stuart Robert MP)



VETERANS’ AFFAIRS LEGISLATION AMENDMENT

(2015 BUDGET MEASURES) BILL 2015

 

OUTLINE AND FINANCIAL IMPACT

These Government amendments will omit Schedule 2 of the Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill 2015.  Schedule 2 implemented a single appeal path for the review of original determinations made under the Military Rehabilitation and Compensation Act 2004 (MRCA). 

 

The amendments mean that, the existing dual appeal path for the review of original determinations made under the MRCA will continue to apply. 

 

FINANCIAL IMPACT STATEMENT

 

Schedule 2 - Reconsideration and review of determinations

 

Foregone savings of $2.2 million over 4 years

 

 

 

 

 

 



Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Government Amendments to Schedule 2 - Reconsideration and review of determinations

 

The amendments to Schedule 2 are 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

 

The amendments to Schedule 2 will omit Schedule 2 from the Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill 2015.  The amendments mean that, the existing dual appeal path for the review of original determinations made under the MRCA will continue to apply. 

 

 

Human rights implications

 

Schedule 2 engages the following human rights:

 

Right to a fair hearing

 

The right to a fair trial and fair hearing is protected by article 14 of the International Covenant on Civil and Political Rights.  The right applies to both criminal and civil proceedings and to cases before both courts and tribunals.

 

The right is concerned with procedural fairness and encompasses notions of equality in proceedings, the right to a public hearing and the requirement that hearings are conducted by an independent and impartial body.

 

The effect of the Government amendments is that the existing dual appeal path for the review of original determinations made under the MRCA will continue to apply. 

 

Conclusion

As the proposed amendments maintain the status quo, there is no human rights impact.



Government Amendments

 

 

 

Amendment (1) omits the reference to ‘military rehabilition and compensation’ from the long title of the Bill. 

 

Amendment (2) omits the commencement provision for Schedule 2 from Clause 2.    

 

Amendment (3) omits Schedule 2 of the Bill.