Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Schedule 2—Specialist Medical Review Council

Schedule 2 Specialist Medical Review Council

   

Veterans’ Entitlements Act 1986

1  At the end of subsection 196V(1)

Add:

Note:          All references in this Part to the Review Council are references to the Specialist Medical Review Council: see the definition of Review Council in subsection 5AB(1).

2  Paragraph 196Y(3)(a)

Repeal the paragraph.

3  Paragraph 196Y(3)(c)

Repeal the paragraph, substitute:

                     (c)  be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.

4  Subsections 196Y(3A) and (4)

Repeal the subsections, substitute:

             (4)  The Review Council must notify the Secretary and the Repatriation Medical Authority of the request within 28 days of the request being lodged.

5  Paragraph 196Z(2)(a)

Repeal the paragraph.

6  Paragraph 196Z(2)(d)

Repeal the paragraph, substitute:

                     (d)  be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.

7  Subsections 196Z(2A) and (3)

Repeal the subsections, substitute:

             (3)  The Review Council must notify the Secretary and the Repatriation Medical Authority of the request within 28 days of the request being lodged.

8  Subsection 196ZB(2)

Repeal the subsection, substitute:

             (2)  A notice must specify the date by which all submissions must be received by the Council.

9  Subsection 196ZE(3)

Omit “In respect of each of those branches, the Minister must ensure that, at any time, the number (not less than 2) of councillors having experience in that branch is sufficient for the proper exercise of the functions of the Council.”.

10  Subsection 196ZE(4)

Repeal the subsection, substitute:

             (4)  One of the councillors must be a person having at least 5 years’ experience in the field of epidemiology.

11  Subsection 196ZN(1)

Omit “relevant documentary medical evidence obtained for the purposes of the review”, substitute “medical evidence relevant to, and obtained by the applicant for the purposes of, the review”.

12  Subsection 196ZN(2)

Repeal the subsection, substitute:

             (2)  The applicant is not to be paid more than the amount prescribed by, or worked out in accordance with, the regulations.

13  Subsection 196ZN(3)

Omit “Commission” (wherever occurring), substitute “Review Council”.

14  Paragraph 196ZN(4)(a)

Repeal the paragraph.

15  Paragraph 196ZN(4)(b)

Omit “relevant documentary”.

16  Paragraph 196ZN(4)(d)

Repeal the paragraph, substitute:

                     (d)  be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.

17  Subsections 196ZN(4A) and (5)

Repeal the subsections.

18  Subsection 196ZO(1)

Omit “relevant documentary medical evidence submitted to the Review Council”, substitute “medical evidence submitted to the Review Council as mentioned in subsection 196ZN(1)”.

19  Paragraph 196ZO(2)(b)

Omit “Commission”, substitute “Review Council”.

20  Subsection 196ZO(4)

Omit “Commission” (wherever occurring), substitute “Review Council”.

21  Paragraph 196ZO(5)(a)

Repeal the paragraph.

22  Subparagraph 196ZO(5)(b)(i)

Omit “12”, substitute “3”.

23  Subparagraph 196ZO(5)(b)(ii)

Omit “Commission” (wherever occurring), substitute “Review Council”.

24  Paragraph 196ZO(5)(d)

Repeal the paragraph, substitute:

                     (d)  be lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.

25  Subsection 196ZO(5A)

Repeal the subsection.

26  Section 196ZP (heading)

Repeal the heading, substitute:

196ZP   Advance of travelling expenses for obtaining medical evidence

27  Subsection 196ZP(1)

Omit “Commission” (wherever occurring), substitute “Review Council”.

28  At the end of Division 4 of Part XIB

Add:

196ZQ   Travelling expenses for making oral submissions

             (1)  If:

                     (a)  either:

                              (i)  the Review Council is carrying out a review under subsection 196W(2) and an individual, or an organisation referred to in paragraph 196Y(1)(c), has made a written submission in relation to the review; or

                             (ii)  the Review Council is carrying out a review under subsection 196W(6) at the request of an individual or an organisation; and

                     (b)  a person who is one of the following appears before the Review Council to make an oral submission in relation to the review:

                              (i)  the individual or his or her representative;

                             (ii)  a representative of the organisation;

the person is, subject to this section, entitled to be paid, for travel that the person undertook to appear, the travelling expenses that are prescribed.

             (2)  If:

                     (a)  the person is accompanied by an attendant when travelling to appear before the Review Council; and

                     (b)  the Review Council is of the view that it is reasonable for the person to be so accompanied by an attendant;

the attendant is, subject to this section, entitled to be paid for that travel the travelling expenses that are prescribed.

             (3)  Travelling expenses are not payable in respect of travel outside Australia.

             (4)  Travelling expenses are not payable unless:

                     (a)  the person who has incurred the expenses; or

                     (b)  any person approved by that person or by the Review Council;

applies in writing to the Review Council for payment and the Review Council approves the application.

             (5)  The application for payment must be:

                     (a)  made within 3 months after the completion of the travel; and

                     (b)  accompanied by any document that the applicant considers relevant; and

                     (c)  lodged with the Review Council in accordance with the directions of the Convener under section 196ZR.

             (6)  The Commonwealth is to pay the travelling expenses to which a person is entitled under this section.

29  At the end of Part XIB

Add:

Division 5 Lodgement of requests and applications

196ZR   Lodgement of requests and applications

             (1)  The Convener may give written directions:

                     (a)  as to the manner of lodging requests or applications, including in electronic form, with the Review Council for the purposes of paragraphs 196Y(3)(c), 196Z(2)(d), 196ZN(4)(d), 196ZO(5)(d) and 196ZQ(5)(c); and

                     (b)  as to the time at which such requests or applications are taken to have been lodged.

             (2)  A direction under subsection (1) is not a legislative instrument.

30  Application provisions

(1)       The amendments of sections 196Y and 196Z of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to requests made on or after the commencement of this item.

(2)       The amendment of section 196ZB of the Veterans’ Entitlements Act 1986 made by this Schedule applies in relation to notices published on or after the commencement of this item.

(3)       The amendments of section 196ZN of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to applications made on or after the commencement of this item.

(4)       The amendments of section 196ZO of the Veterans’ Entitlements Act 1986 made by this Schedule apply in relation to travel undertaken on or after the commencement of this item.

(5)       The amendment of subsection 196ZP(1) of the Veterans’ Entitlements Act 1986 made by this Schedule applies in relation to authorisations given on or after the commencement of this item.

(6)       Section 196ZQ of the Veterans’ Entitlements Act 1986 , as added by this Schedule, applies in relation to travel undertaken on or after the commencement of this item.