Dan Tehan (Wannon, Liberal Party, Minister Assisting the Prime Minister for Cyber Security) Share this | Link to this | Hansard source

I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (10), as circulated, together.

Leave granted.

I move government amendments (1) to (10):

(1) Clause 2, page 3 (table item 10), omit "6", substitute "5A".

(2) Schedule 1, items 6 and 7, page 5 (line 25) to page 6 (line 6), omit the items.

(3) Schedule 1, item 8, page 6 (lines 17 to 19), omit subitem (4).

(4) Schedule 3, page 14 (line 1) to page 17 (line 15), omit the Schedule, substitute:

Schedule 3—International arrangements

Part 1—Main amendments

Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006

1 At the end of subsection 7(1)

  Add:

Note: Under section 203 of the Veterans' Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the provision of treatment that is, or the making of payments that are, comparable to treatment or payments under this Act.

Military Rehabilitation and Compensation Act 2004

2 At the end of section 3

  Add:

Note: Under section 203 of the Veterans' Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.

Veterans ' Entitlements Act 1986

3 Paragraph 199(f)

  Omit "(Arrangements with Governments of other countries)", substitute "(International arrangements)".

4 Section 203

  Repeal the section, substitute:

203 International arrangements

(1) The Minister may, on behalf of the Commonwealth, enter into an arrangement with a foreign country, being an arrangement:

  (a) that relates to reciprocity in veterans' affairs matters; and

  (b) that makes provision for and in relation to the making of payments, or the provision of treatment or rehabilitation, to or in relation to classes of persons specified in the arrangement.

(2) Without limiting subsection (1), the arrangement may make provision for and in relation to the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under any of the following:

  (a) this Act;

  (b) the Military Rehabilitation and Compensation Act 2004;

  (c) the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006.

Provisions of arrangement have full effect

(3) The provisions of an arrangement that is in force under this section have effect despite anything in any of the Acts referred to in subsection (2).

Administration of arrangement

(4) The Commission, or the Military Rehabilitation and Compensation Commission, may give effect to and administer an arrangement that is in force under this section.

Variation or revocation of arrangement

(5) An arrangement that is in force under this section may be varied or revoked by the Minister on behalf of the Commonwealth.

Publication of arrangement

(6) The Minister must arrange for a copy of an arrangement entered into under subsection (1), or of any variations to such an arrangement, to be published on the Department's website.

Arrangement is not a legislative instrument

(7) An arrangement entered into under subsection (1) is not a legislative instrument.

5 Transitional provisions

(1) An arrangement that:

  (a) was entered into under section 203 of the Veterans' Entitlements Act 1986 before the commencement of this item (including an arrangement having effect as if it were entered into under that section because of section 56 of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986); and

  (b) was in force immediately before the commencement of this item;

  continues in force on and after that commencement as if it were an arrangement entered into under section 203 of the Veterans' Entitlements Act 1986 as substituted by this Part.

(2) Subitem (1) does not prevent a variation or revocation, on or after the commencement of this item, of an arrangement continued in force under this item.

Part 2—Contingent amendments

Safety, Rehabilitation and Compensation (Defence - related Claims) Act 1988

6 At the end of subsection 4AA(5)

  Add:

Note: Under section 203 of the Veterans' Entitlements Act 1986, the Minister may enter into an arrangement with a foreign country providing for the making of payments that are, or the provision of treatment or rehabilitation that is, comparable to payments or treatment or rehabilitation under this Act.

Veterans ' Entitlements Act 1986

7 At the end of subsection 203(2)

  Add:

  ; (d) the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.

(5) Page 23 (after line 14), after Schedule 5, insert:

Schedule 5A—Pharmaceutical benefits

National Health Act 1953

1 Subsection 84(1) (subparagraph (c)(ii) of the definition of concessional beneficiary )

  Repeal the subparagraph, substitute:

     (ii) who is eligible for fringe benefits under section 53A of the Veterans' Entitlements Act 1986; or

(6) Schedule 6, item 1, page 24 (lines 11 and 12), omit paragraph 437A(b), substitute:

  (b) an SES employee, or acting SES employee, in the Department.

(7) Schedule 7, page 25 (lines 3 and 4), omit the heading, substitute:

Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006

(8) Schedule 7, item 6, page 25 (lines 26 and 27), omit "Australian Participants in British Nuclear Tests (Treatment) Act 2006", substitute "Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006".

(9) Schedule 7, item 44, page 33 (line 31) to page 34 (line 1), omit "Australian Participants in British Nuclear Tests (Treatment) Act 2006", substitute "Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006".

(10) Schedule 7, item 54, page 36 (lines 9 and 10), omit "Australian Participants in British Nuclear Tests (Treatment) Act 2006", substitute "Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006".

I would like to give the shadow minister an opportunity to say a few words on the amendments.

Amanda Rishworth (Kingston, Australian Labor Party, Shadow Parliamentary Secretary for Health) Share this | Link to this | Hansard source

As foreshadowed in my speech on the second reading, I would like to say that Labor will be supporting all of the government's amendments to this bill. Obviously, one of the amendments that we are very, very pleased about is the amendment relating to the Veterans' Review Board. This is, I think, an important amendment that addresses the concerns of the ex-service community and apprehensions that were discussed during the Senate Foreign Affairs, Defence and Trade Legislation Committee process. These changes are important to retain the unique nature of the Veterans' Review Board as a place where veterans can have their voices heard. So I do think that this amendment is suitable and, as mentioned in my speech on the second reading, has the benefit of removing the section that would limit the ability of veterans to be heard. This is, I think, an important measure, to keep faith with the veterans community. As I said also, Labor welcomes the aligning of the principles of the Veterans' Review Board with the Administrative Appeals Tribunal, but it was important to us that the nature of the Veterans' Review Board be maintained. So we did bring this to the attention of the government, and I'm very pleased that the government has an amendment that will deliver that.

Also, I would note that there are amendments that the government has circulated which seek to restore the concessional pharmaceuticals to those veterans who had lost them as a result of the government's unfair asset-test changes. We do know that these changes to the asset test saw more than 13,000 Australians receiving a Veterans' Affairs pension losing part of that pension or indeed being kicked off the pension. While it has been two years too late, it is pleasing to see the pensioner concession card finally being restored to those who had lost it. But I would hope that the government continues to ensure that a wide range of concessions which were received by those part-pensioners who no longer receive them are still available. As to those concessions that were provided by councils, it is unclear what the government has done and how the government has pursued ensuring that those concessions are reinstated. It took two years to reinstate the Commonwealth benefits and it is my understanding that the states, in principle, have agreed. It is incumbent on the government to ensure that all concessions by all three levels of government are restored to this group of people, because Labor did not support this change. We were very, very clear, under the guidance of our great shadow minister, who made it very, very clear that we thought this was an unfair change. So I do hope that the minister responsible for the Department of Social Services preserves these concessions and ensures that they are reinstated for these people.

The remaining elements of these amendments seek to address some minor technical amendments. On the whole, we will support the government's amendments. We think they improve the omnibus bill and therefore they have our support.

Question agreed to.

Bill, as amended, agreed to.