VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - TABLE OF PROVISIONS

                             TABLE  OF  PROVISIONS
                              PART  I-PRELIMINARY
Section
  1.     Short title
  2.     Commencement
  3.     Repeal
  4.     Extension of Act to external territories
  5.     Interpretation
  6.     Operational Service
  7.     Eligible War Service
  8.     War-caused death
  9.     War-caused injuries or diseases
 10.     Child of a veteran or other person
 11.     Dependants
         PART  II-PENSIONS,  OTHER  THAN  SERVICE  PENSIONS,  FOR  VETERANS
AND 
                                    THEIR  DEPENDANTS
                                Division 1-Interpretation
 12.     Interpretation
                           Division 2-Eligibility for pension
 13.     Eligibility for pension
         Division 3-Claims for pensions and applications for increases in
                                        pensions
 14.     Claim for pension
 15.     Application for increase in pension
 16.     Who may make claim or application
 17.     Investigation by the Secretary
 18.     Duties of Commission in relation to pensions
 19.     Determination of claims and applications
 20.     Date of operation of grant of claim for pension
 21.     Date of operation of grant of application under section 15
                    Division 4-Rates of pensions payable to veterans
 22.     General rate of pension
 23.     Intermediate rate of pension
 24.     Special rate of pension
 25.     Temporary payment at special rate
 26.     Reduction in rate of pension in certain cases
 27.     Increased rates of pension in certain cases
 28.     Capacity to undertake remunerative work
 29.     Guide to the assessment of rates of veterans' pensions
         Division 5-Rates of pensions payable to dependants of deceased
veterans
 30.     Rates at which pensions payable to dependants
                      Division 6-Reviews of pensions by Commission
 31.     Review by Commission
                                  Division 7-Procedural
 32.     Commission may take evidence
 33.     Withdrawal of claim or application
 34.     Reasons for decisions to be given
                               PART  III-SERVICE  PENSIONS
                                Division 1-Interpretation
 35.     Interpretation
 36.     Meaning of qualifying service
 37.     Method of calculation of income
                       Division 2-Eligibility for service pension
 38.     Eligibility for service pension-age
 39.     Eligibility for service pension-invalidity
 40.     Eligibility for wife's service pension
 41.     Eligibility for carer's service pension
 42.     Restrictions on dual pensions
                         Division 3-Claims for service pensions
 43.     Claim for service pension, &c.
 44.     Investigation of claim
 45.     Duties of Commission in relation to service pensions
 46.     Determination of claim for service pension
                          Division 4-Rates of service pensions
 47.     Rate of veteran's service pension
 48.     Rate of wife's service pension
 49.     Rate of carer's service pension
 50.     Calculation of value of property
 51.     Pension loans scheme
 52.     Disposal of property or income
 53.     Financial hardship
 54.     Pension reduction amounts
                  Division 5-Rent assistance and remote area allowance
 55.     Rent assistance
 56.     Rate of rent assistance
 57.     Remote area allowance
         Division 6-Review of service pensions and decisions with respect to

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                                    service pensions
 58.     Cancellation, suspension or variation of service pension
 59.     Review of decision, &c.
 60.     Powers of Commission on reviews under section 59
                                Division 7-Miscellaneous
 61.     Withdrawal of claim for service pension, &c.
 62.     Reasons for decision to be given
 63.     Right to be paid service pension outside Australia
 64.     Persons resident in Papua New Guinea
 65.     Special temporary allowance
 66.     Payment of wife's service pension after death of veteran
 67.     Suspension and forfeiture of service pension when pensioner
imprisoned
         PART  IV-PENSIONS  FOR  MEMBERS  OF  DEFENCE  FORCE  OR
PEACEKEEPING
                              FORCE  AND  THEIR  DEPENDANTS
                                Division 1-Interpretation
 68.     Interpretation
 69.     Application of Part to members of the Forces
                           Division 2-Eligibility for pension
 70.     Eligibility for pension under this Part
 71.     Application of certain provisions of Part II
 72.     Dual entitlement to pension
                               Division 3-Rates of pension
 73.     Application of Divisions 4 and 5 of Part II
                        Division 4-Pension and other compensation
 74.     Payments by way of compensation or damages
 75.     Proceedings against third party
 76.     Payment of damages to Commonwealth
 77.     Discharge of liability of Commonwealth to pay damages
 78.     Other payments of compensation
 79.     Overpayments of pension
                         PART  V-MEDICAL  AND  OTHER  TREATMENT
 80.     Interpretation
 81.     Application of Part V
 82.     Prescribed persons
 83.     Prescribed rate of income and property value
 84.     Provision of treatment
 85.     Veterans eligible to be provided with treatment
 86.     Dependants eligible to be provided with treatment
 87.     Additional treatment for veterans
 88.     Treatment for other persons
 89.     Treatment at hospitals and other institutions
 90.     Guide to the provision of treatment
 91.     Pharmaceutical benefits
 92.     Counselling services
 93.     Recovery of cost of treatment
                        PART  VI-ALLOWANCES  AND  OTHER  BENEFITS
                                 Division 1-Preliminary
 94.     Interpretation
 95.     Prescribed persons
 96.     Application
                Division 2-Eligibility for allowances and other benefits
 97.     Clothing allowance
 98.     Attendant allowance
 99.     Funeral benefits-veterans
 100.    Funeral benefits-dependants of deceased veterans
 101.    Funeral benefits-service pensioners
 102.    Decoration allowance
 103.    Victoria Cross allowance
 104.    Recreation transport allowance
 105.    Vehicle assistance scheme
 106.    Special assistance
 107.    Temporary incapacity allowance
 108.    Loss of earnings allowance
 109.    Advances on account of loss of earnings allowance
 110.    Travelling expenses
                                  Division 3-Procedural
 111.    Application
 112.    Time for applying for certain benefits
 113.    Time for applying for funeral benefit
 114.    Commencement of payment of certain allowances
 115.    Review of decision, &c.
                    PART  VII-VETERANS'  CHILDREN  EDUCATION  SCHEME
 116.    Interpretation
 117.    Preparation of the Scheme
 118.    Provision of education and training
             PART  VIII-GENERAL  PROVISIONS  APPLICABLE  TO  PENSIONS,  &c.
 119.    Commission not bound by technicalities
 120.    Standard of proof

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 121.    Instalments of pension
 122.    Payments of pensions
 123.    Payment of pension, &c., on death of person
 124.    Termination of pension
 125.    Pensions, &c., absolutely inalienable
 126.    Death of claimant
 127.    Power to obtain information
 128.    Secretary may obtain information
 129.    Self-incrimination
 130.    Furnishing of information
 131.    Interpretation
 132.    Payment of travelling expenses in certain cases
                            PART  IX-VETERANS'  REVIEW  BOARD
                                 Division 1-Preliminary
 133.    Interpretation
                    Division 2-Continuance of Veterans' Review Board
 134.    Continuance of Veterans' Review Board
                       Division 3-Review by the Board of decisions
 135.    Review of decisions in respect of pensions
 136.    Application for review
 137.    Secretary to prepare report
 138.    Board not bound by technicalities, &c.
 139.    Decision of Board
 140.    Statements of decisions of the Board, &c.
                          Division 4-Organization of the Board
 141.    Constitution of Board for exercise of powers
 142.    Principal Member responsible for arrangement of business
 143.    Members to constitute Board
 144.    Member ceasing to be member, &c.
 145.    Places of sitting
                         Division 5-Proceedings before the Board
 146.    Principal Member or Senior Member to preside at hearing
 147.    Parties to review before Board
 148.    Procedure of Board
 149.    Questions to be decided by majority of Board
 150.    Hearing to be in private except in special circumstances
 151.    Powers of Board
 152.    Request to Secretary for documents, &c.
 153.    Information may be made available to parties
 154.    Period of operation of certain decisions of Board
 155.    Withdrawal of application
                   Division 6-Date of operation of decisions of Board
 156.    Board to specify date of operation
 157.    Dates that may be specified
                           Division 7-Membership of the Board
 158.    Appointment of members of Board
 159.    Terms of appointment
 160.    Remuneration and allowances of members
 161.    Acting members
 162.    Leave of absence
 163.    Resignation
 164.    Removal from office
 165.    Disclosure of interests
                                Division 8-Miscellaneous
 166.    Delegation
 167.    Protection of members and witnesses
 168.    Failure of witness to attend
 169.    Refusal to be sworn or to answer questions, &c.
 170.    Contempt of Board
 171.    Fees for witnesses
 172.    Staff to assist Board
 173.    Oath or affirmation of office
          PART  X-REVIEW  OF  DECISIONS  BY  ADMINISTRATIVE  APPEALS
TRIBUNAL
 174.    Interpretation
 175.    Applications for review
 176.    Application of Administrative Appeals Tribunal Act
 177.    Effective dates of payment of pension or increased pension
 178.    Period of operation of certain decisions of Administrative Appeals
         Tribunal
                         PART  XI-THE  REPATRIATION  COMMISSION
                     Division 1-Establishment, functions and powers
 179.    Continuance of Commission
 180.    Functions of Commission
 181.    Powers of Commission
                   Division 2-Constitution and meetings of Commission
 182.    Membership of the Commission
 183.    President and Deputy President
 184.    Appointment of Secretary as a Commissioner and President
 185.    Remuneration and allowances

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 186.    Leave of absence
 187.    Resignation
 188.    Termination of appointment
 189.    Commissioner to disclose any interest in claims for pensions, &c.
 190.    Commissioner to disclose other interests
 191.    Acting commissioners
 192.    Acting President or Deputy President
 193.    Appointment to act as President and also Secretary
 194.    Appointments
 195.    Meetings
                                    Division 3-Staff
 196.    Staff
                                 PART  XII-MISCELLANEOUS
 197.    Pensions, &c., not for certain members of the Defence Force
 198.    Variation of rates of certain pensions
 199.    Appropriation
 200.    Commission may accept contributions
 201.    Commission may administer trusts
 202.    Trustees for pensioners
 203.    Arrangements with Governments of other countries
 204.    Profits from canteens
 205.    Recovery of overpayments
 206.    Waiver, &c., of debts
 207.    Service pensioner in a public institution
 208.    Offences
 209.    Multiple offences
 210.    Time for prosecuting offences
 211.    Order for repayment of pension, &c.
 212.    Delegation by Minister
 213.    Delegation by Commission
 214.    Delegation by Secretary
 215.    Annual report
 216.    Regulations
                                  SCHEDULE  1
                                 REPEALED  ACTS
                                  SCHEDULE  2
                               OPERATIONAL  AREAS
                                  SCHEDULE  3
                              PEACEKEEPING  FORCES
                                  SCHEDULE  4
                             OATH  OR  AFFIRMATION

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - LONG TITLE

An Act to provide for the payment of pensions and other benefits to, and to
provide medical and other treatment for, veterans and certain other persons,
and 
                               for other purposes

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART I
                               PART I-PRELIMINARY


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 1
Short title

                                                       (Assented to 19 May
1986) 1. This Act may be cited as the Veterans' Entitlements Act 1986.
(Minister's second reading speech made in- House of Representatives on 12
November 1985 Senate on 28 November 1985)

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 2
Commencement

  2. This Act shall come into operation on a date to be fixed by Proclamation.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 3
Repeal

  3. (1) The Acts specified in Parts I, II, III, IV and V of Schedule 1 are
repealed.
  (2) The Acts specified in column 1 of Part VI of Schedule 1 are amended as
set out in columns 2 and 3 of that Schedule.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 4
Extension of Act to external Territories

  4. This Act extends to the external Territories.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 5
Interpretation

  5. (1) In this Act, unless the contrary intention appears-
  "acting commissioner" means a person who is acting as a commissioner in
pursuance of an appointment under section 191;
  "Acting Deputy President" means a commissioner or acting commissioner who is
acting as Deputy President in pursuance of an appointment under section 192;
  "Acting President" means a commissioner or acting commissioner who is acting
as President in pursuance of an appointment under section 192 or 193;
  "allied country" means any country (not being Australia or a Commonwealth
country)-
     (a)  that was, at the relevant time, at war with the enemy; or
     (b)  the forces of which were, at the relevant time, engaged in an
operational area against forces against which the forces of the Commonwealth

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were engaged in that area,
    and includes-
     (c)  a state, province or other territory that is one of 2 or more
territories that together form, or formed at the relevant time, a discrete
part of such a country; and
     (d)  a place that is, or was at the relevant time, a territory,
dependency
or colony (however described) of such a country;
  "approved Guide to the Assessment of Rates of Veterans' Pensions" means-
     (a)  the document, prepared by the Commission in accordance with section
29 under the title "Guide to the Assessment of Rates of Veterans' Pensions",
that has been approved by the Minister and is for the time being in force; or
     (b)  if an instrument varying that document has been approved by the
Minister, that document as so varied;
  "approved Treatment Principles" means-
     (a)  the document, prepared by the Commission in accordance with section
90 under the title "Treatment Principles", that has been approved by the
Minister and is for the time being in force; or
     (b)  if an instrument varying that document has been approved by the
Minister, that document as so varied;
  "Board" means the Veterans' Review Board continued in existence by section
134 of this Act;
  "child" means-
     (a)  a person who has not attained the age of 16 years; or
     (b)  a person who-
         (i)  has attained the age of 16 years but has not attained the age
of
25 years;
        (ii)  is undertaking full-time education at a school, college or
university; and
        (iii)  is not in receipt of a pension under Part III or IV, a benefit
under Part IVAAA or VII or a rehabilitation allowance under Part VIII of the
Social Security Act 1947 or an allowance under section 9 of the Tuberculosis
Act 1948;
  "Commission" means the Repatriation Commission continued in existence by
section 179 of this Act;
  "commissioner" means a person holding an office of commissioner in pursuance
of an appointment under section 182;
  "Commonwealth country" means a country (other than Australia) that is, or
was at the relevant time, a part of the Dominions of the Crown, and includes-
     (a)  a state, province or other territory that is one of 2 or more
territories that together form, or formed at the relevant time, a discrete
part of such a country; and
     (b)  a place that is, or was at the relevant time, a territory,
dependency
or colony (however described)  of a part of such a country;
  "continuous full-time service" means-
     (a)  in relation to a member of the Defence Force-
         (i) service in the Naval Forces of the Commonwealth of the kind
known
as continuous full-time naval service;
        (ii) service in the Military Forces of the Commonwealth of the kind
known as continuous full-time military service; or
        (iii) service in the Air Force of the Commonwealth of the kind known
as
continuous full-time air force service; or
     (b)  in relation to a member of the naval, military or air forces of a
Commonwealth country or an allied country-service in those forces of a kind
similar to a kind of service referred to in sub-paragraph (a) (i), (ii) or
(iii);
  "decision" includes a determination and an assessment;
  "Deputy President" means the Deputy President of the Commission;
  "disease" includes any physical or mental ailment, disorder, defect or
morbid condition, whether of sudden onset or gradual development, and the
recurrence of such an ailment, disorder, defect or morbid condition, but does
not include the aggravation of such an ailment, disorder, defect or morbid
condition;
  "enemy" means-
     (a)  in relation to World War 1 or World War 2-the naval, military or
air
forces, or any part of the naval, military or air forces, of a State at war
with the Crown during that war; and
     (b)  in relation to service in, or a period of hostilities in respect
of,
an operational area-the naval, military or air forces against which the Naval,
Military or Air Forces of the Commonwealth were engaged in that operational
area,
     and includes persons assisting any of those forces;
  "injury" means any physical or mental injury, and includes the recurrence of
any physical or mental injury, but does not include a disease or the

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aggravation of a physical or mental injury;
  "member of the Defence Force" includes a person appointed for continuous
full-time service with a unit of the Defence Force;
  "member of the Interim Forces" means a person who, on or after 1 July 1947
and before 1 July 1949-
     (a)  enlisted or re-engaged in, or was appointed or re-appointed to, the
Defence Force for continuous full-time service for a term not exceeding 2
years; or
     (b)  was appointed for continuous full-time service with a unit of the
Defence Force for a term not exceeding 2 years;
  "operational area" means an area described in column 1 of Schedule 2;
  "organization representing veterans" means-
     (a)  an organization-
         (i) the members of which include veterans throughout the
Commonwealth;
and
        (ii) the objects of which include the object of representing veterans
throughout the Commonwealth; or
     (b)  an organization-
         (i) the members of which include persons throughout the Commonwealth
who are in receipt of, or are eligible to receive, pensions under Part II as
dependants of veterans; and
        (ii) the objects of which include the object of representing persons
referred to in sub-paragraph (i) throughout the Commonwealth;
  "port" includes airport;
  "President" means the President of the Commission;
  "remunerative work" includes any remunerative activity;
  "Secretary" means the Secretary to the Department;
  "special mission" means a mission that, in the opinion of the Commission,
was of special assistance to the Commonwealth in the prosecution of a war to
which this Act applies;
  "unit of the Defence Force" means a body, contingent or detachment of the
Defence Force;
  "veteran" means-
     (a)  a person (including a deceased person) who is, by virtue of section
7, to be taken to have rendered eligible war service; or
     (b)  a person (including a deceased person) in respect of whom a pension
is, or pensions are, payable in pursuance of sub-section 13 (6);
  "war to which this Act applies" means World War 1 or World War 2;
  "World War 1" means the war that commenced on 4 August 1914, and includes
any other war in which the Crown became engaged after that date and before 11
November 1918;
  "World War 2" means the war that commenced on 3 September 1939, and includes
any other war in which the Crown became engaged after that date and before 3
September 1945.
  (2) Where a person who has attained the age of 16 years would, if the person
lodged a claim for, and were qualified to receive, an unemployment benefit
under Part VII of the Social Security Act 1947, be prevented, by reason of
section 120A of that Act, from being paid that benefit for a period
immediately following his or her ceasing to undertake full-time education at a
school, college or university, the person shall be taken, for the purpose of
paragraph (b) of the definition of "child" in sub-section (1), to continue,
during that period, to undertake full-time education at a school, college or
university.
  (3) For the purposes of this Act-
  (a)  World War 1 shall be deemed to have ended on 1 September 1921, being
the date fixed by Proclamation under section 2 of the Termination of the
Present War (Definition) Act 1919;
  (b)  World War 2 shall be deemed to have ended on 28 April 1952, being the
date on which the Treaty of Peace with Japan came into force; and
  (c)  an operational area described in column 1 of Schedule 2 shall be deemed
to have been an operational area during the period specified in column 2 of
that Schedule opposite to the description of the area in column 1.
  (4) In this Act, unless the contrary intention appears, a reference to a
member of a unit of the Defence Force shall be read as a reference to a member
of the Defence Force or other person who is a member of the unit, attached to
the unit or appointed for continuous full-time service with the unit.
  (5) For the purposes of this Act, a person (not being a person who was an
indigenous inhabitant of the Territory of Papua or the Territory of New
Guinea) who was residing in Papua New Guinea immediately before it became an
independent sovereign State, shall, until the person ceased or ceases so to
reside, be deemed to be a resident of Australia.
  (6) In this Act, unless the contrary intention appears, a reference to an
eligible civilian who was killed, or was detained by the enemy, during World
War 2, shall be read as a reference to a person who, at the time the person
was killed, or commenced to be so detained, as the case may be, was-
  (a)  a British subject; and
  (b)  a resident, but not an indigenous inhabitant, of the Territory of Papua
or the Territory of New Guinea, other than such a person who was, at that
time-

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  (c)  rendering service as a member of the Defence Force; or
  (d)  employed by the Commonwealth on a special mission outside Australia.
  (7) Where a man and a woman have been living together as husband and wife on
a bona fide domestic basis although not legally married to each other, they
shall be treated for the purposes of this Act, as so living together during
any temporary absence of one of those persons or during an absence of one of
those persons resulting from illness or infirmity, if the Commission is of the
opinion that they would, but for the absence, have been so living together
during the period of that absence.
  (8) For the purposes of this Act, a member of the Army Medical Corps Nursing
Service who rendered service, either within or outside Australia during World
War 1, as such a member in accordance with an acceptance or appointment by the
Director-General of Medical Services for service outside Australia shall be
deemed, while the member rendered that service, to have been serving as a
member of the Defence Force.
  (9) In this Act, unless the contrary intention appears-
  (a)  a reference to the incapacity of a veteran from a war-caused injury or
a war-caused disease; or
  (b)  a reference to the incapacity of a person who is a member of the
Forces, or a member of a Peacekeeping Force, as defined by sub-section 68 (1),
from a defence-caused injury or a defence-caused disease, shall be read as a
reference to the effects of that injury or disease and not as a reference to
that injury or disease itself.
  (10) For the purposes of this Act, where a person has lost an eye or the
Commission is of the opinion that the eyesight of a person in an eye is so
defective that the person has no useful sight in that eye, the person shall be
deemed to have been blinded in that eye.
  (11) For the purposes of this Act-
  (a)  where a claim, application or other document is forwarded to, or
delivered at, a place (whether within or outside Australia) approved by the
Commission for the purposes of this sub-section, it shall be deemed to have
been forwarded to, or delivered at, as the case may be, an office of the
Department in Australia and to have been received at an office of the
Department in Australia on the day on which it is received at that place;
  (b)  where a claim, application or other document is delivered to a person
approved by the Commission for the purposes of this sub-section, it shall be
deemed to have been delivered at an office of the Department in Australia and
to have been received at an office of the Department in Australia on the day
on which it is delivered to that person; and
  (c)  a claim or application shall be deemed to have been made on the day on
which it is received, or is, by virtue of paragraph (a) or (b), to be deemed
to have been received, at an office of the Department in Australia.
  (12) In this Act, a reference to a person, or a unit of the Defence Force,
that was allotted for duty in an operational area shall be read as a reference
to a person, or unit of the Defence Force-
  (a)  that was so allotted for duty in accordance with administrative
arrangements applicable in the part of the Defence Force in which the person
was serving, or of which that unit formed a part, as the case may be; or
  (b)  that is, by an instrument in writing signed by the Minister for
Defence, deemed to have been allotted for duty in an area described in item 4
or 8 in Schedule 2 during the period specified in that item.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 6
Operational Service

  6. (1) For the purposes of this Act-
  (a)  a person who has rendered, as a member of the Defence Force, continuous
full-time service outside Australia during a war to which this Act applies
shall be taken to have been rendering operational service while the person was
so rendering continuous full-time service;
  (b)  a person who has rendered, as a member of the Defence Force, continuous
full-time service for a continuous period of not less than 3 months in that
part of the Northern Territory that is north of the parallel 14 degrees 30
minutes south latitude (including any of the islands adjoining the Northern
Territory) during the period from and including 19 February 1942 to and
including 12 November 1943 shall be taken to have been rendering operational
service while the person was so rendering continuous full-time service;
  (c)  a person who, while living on a Torres Strait Island, enlisted in the
Defence Force and rendered, as a member of the Defence Force, continuous
full-time service for a continuous period of not less than 3 months on that
Island during World War 2 shall be taken to have been rendering operational
service while the person was rendering any such service so rendered by the
person during the period from and including 14 March 1942 to and including 18
June 1943;
  (d)  a person who has rendered, as a member of the Defence Force, service of
a kind described in paragraph (a), (b) or (c) during World War 1 or World War
2 shall be taken to have been rendering operational service during any period
of continuous full-time service rendered by the person during that war, within
Australia, immediately before, or immediately after, the person rendered that
service of a kind so described;
  (e)  a person who has, as a member of the Defence Force, rendered continuous
full-time service outside Australia-

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      (i)  as a member of a unit of the Defence Force that was allotted for
duty; or
     (ii)  while the person was allotted for duty,
    in an operational area, shall be taken to have been rendering operational
service while the person was so rendering continuous full-time service;
  (f)  subject to sub-section (2), a person who has rendered continuous
full-time service as a member of the naval, military or air forces of a
Commonwealth country or an allied country during a war to which this Act
applies-
      (i)  outside that country; or
     (ii)  within that country in such circumstances that that service
should,
in the opinion of the Commission, be treated as service in actual combat with
the enemy,
    shall be taken to have been rendering operational service while the
person
was so rendering continuous full-time service;
  (g)  subject to sub-section (2), a person who has rendered continuous
full-time service as a member of the naval, military or air forces of a
Commonwealth country or an allied country in an operational area shall be
taken to have been rendering operational service while the person was so
rendering continuous full-time service;
  (h)  a person who was, during a war to which this Act applies, employed by
the Commonwealth on a special mission outside Australia shall be taken to have
been rendering operational service while the person was so employed by the
Commonwealth;
  (j)  a person, being a person who was an eligible civilian within the
meaning of sub-section 5 (6), who was killed, during the invasion of the
Territory of Papua or the Territory of New Guinea during World War 2, as a
result of action by the enemy shall be taken to have been rendering
operational service when the occurrence, as a result of which the person was
killed, happened;
  (k)  a person, being a person who was an eligible civilian within the
meaning of sub-section 5 (6), who was, during World War 2, detained by the
enemy shall be taken to have been rendering operational service while the
person was so detained;
 (m)  a person who, while rendering continuous full-time service as a member
of the Defence Force within Australia during World War 2, was injured, or
contracted a disease, as a result of enemy action shall be taken to have been
rendering operational service when the occurrence as a result of which the
person was injured, or contracted the disease, happened; and
  (n)  a person who has rendered continuous full-time service as a member of
the Defence Force within Australia during World War 2 in such circumstances
that that service should, in the opinion of the Commission, be treated as
service in actual combat against the enemy shall be taken to have been
rendering operational service while the person was so rendering that
continuous full-time service.
  (2) Paragraph (1) (f) or (g) does not apply to any service rendered by a
person as a member of the naval, military or air forces of a Commonwealth
country or an allied country unless the person has satisfied the Commission,
whether before or after the commencement of this Act, that the person was
domiciled in Australia or an external Territory immediately before the
person's appointment or enlistment in those forces.
  (3) A person who rendered continuous full-time service in the Defence Force
during World War 2 otherwise than as a member of the Interim Forces-
  (a)  if the person was appointed or enlisted for war service in any part of
the Defence Force that was raised during World War 2 for war service or solely
for service in time of that war or during that time and a definite time
thereafter-on or after 1 July 1951;
  (b)  if the person was appointed or enlisted in the Citizen Forces and was
called up for continuous full-time service for the duration of, or directly in
connection with, World War 2-on or after 1 July 1951; or
  (c)  if the person was not appointed or enlisted as set out in paragraph (a)
or (b)-on or after 3 January 1949, shall not be taken, by virtue of paragraph
(1) (a) or (d), to have been rendering operational service while the person
was so rendering continuous full-time service on or after that date.
  (4) In this Act, a reference to the operational service of a person in an
operational area shall be read as a reference to the operational service that
the person is to be taken to have rendered by virtue of paragraph (1) (e) or
(g), as the case requires.
  (5) For the purposes of this Act, the operational service of a person in an
operational area, being the operational service of the person described in
paragraph (1) (e)-
  (a)  shall be taken to have commenced-
      (i)  if the person was in Australia on the day as from which the person
was allotted for duty in that area-on the day on which the person departed
from the last port of call in Australia for that service; or
     (ii)  if the person was outside Australia on the day as from which the
person was so allotted for duty-on the day as from which the person was so
allotted for duty; and

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  (b)  shall be taken to have ended at the expiration of-
      (i)  if the person was allotted for duty from an operational area to
another area outside Australia (not being an operational area)-on the day on
which the person arrived at that other area or on the day as from which the
person was allotted to that other area at a time when the person was in that
other area; or
     (ii)  in any other case-on the day on which the person arrived at the
first port of call in Australia on returning from operational service.
  (6) Where a person has, in the course of rendering operational service in an
operational area while a member of the Defence Force-
  (a)  returned to Australia in accordance with the Rest and Recuperation
arrangements of the naval, military or air forces;
  (b)  returned to Australia on emergency or other leave granted on
compassionate grounds;
  (c)  returned to Australia on duty; or
  (d)  returned to Australia for the purpose of receiving medical or surgical
treatment as directed by the medical authorities of the Defence Force, so much
of the period of service of the person in Australia after his or her return
and while the person-
  (e)  continued to be a member of a unit of the Defence Force allotted for
duty in an operational area; or
  (f)  continued to be allotted for duty in an operational area, as does not
exceed 14 days shall, for the purpose of paragraph (1) (e), be deemed to be a
period when the person was rendering continuous full-time service outside
Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 7
Eligible War Service

  7. (1) Subject to sub-section (2), for the purposes of this Act-
  (a)  a person who has rendered operational service shall be taken to have
been rendering eligible war service while the person was rendering operational
service;
  (b)  a person who has rendered continuous full-time service (not being
operational service) as a member of the Defence Force during World War 1 shall
be taken to have been rendering eligible war service while the person was so
rendering continuous full-time service;
  (c)  a person who has rendered continuous full-time service (not being
operational service) as a member of the Defence Force during World War 2,
being service that commenced before 1 July 1947, shall be taken to have been
rendering eligible war service while the person was so rendering continuous
full-time service; and
  (d)  a person who rendered continuous full-time service (not being
operational service) as a member of the Interim Forces during World War 2 on
or after 1 July 1947 shall be taken to have been rendering eligible war
service while the person was so rendering continuous full-time service.
  (2) A person who rendered continuous full-time service in the Defence Force
during World War 2-
  (a)  if the person was appointed or enlisted for war service in any part of
the Defence Force that was raised during World War 2 for war service or solely
for service in time of that war or during that time and a definite time
thereafter-on or after 1 July 1951;
  (b)  if the person was appointed or enlisted in the Citizen Forces and was
called up for continuous full-time service for the duration of, or directly in
connection with, World War 2-on or after 1 July 1951; or
  (c)  if the person was not appointed or enlisted as set out in paragraph (a)
or (b)-on or after 3 January 1949, shall not be taken, by virtue of paragraph
(1) (c), to have been rendering eligible war service while the person was so
rendering continuous full-time service.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 8
War-caused death

  8. (1) Subject to this section, for the purposes of this Act, the death of a
veteran shall be taken to have been war-caused if-
  (a)  the death of the veteran resulted from an occurrence that happened
while the veteran was rendering operational service;
  (b)  the death of the veteran arose out of, or was attributable to, any
eligible war service rendered by the veteran;
  (c)  the death of the veteran resulted from an accident that occurred while
the veteran was travelling, while rendering eligible war service but otherwise
than in the course of duty, on a journey to a place for the purpose of
performing duty or away from a place of duty upon having ceased to perform
duty; 
  (d)  in the opinion of the Commission, the death of the veteran was due to
an accident that would not have occurred, or to a disease that would not have
been contracted, but for his or her having rendered eligible war service or
but for changes in the veteran's environment consequent upon his or her having
rendered eligible war service; or
  (e)  the injury or disease from which the veteran died-
      (i)  was suffered or contracted while the veteran was rendering
eligible
war service, but did not arise out of that service; or
     (ii)  was suffered or contracted before the commencement of the period,

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or
last period, of eligible war service rendered by the veteran, but not while
the veteran was rendering eligible war service,
    and, in the opinion of the Commission, the injury or disease was
contributed to in a material degree by, or was aggravated by, any eligible war
service rendered by the veteran, being service rendered after the veteran
suffered that injury or contracted that disease, but not otherwise.
  (2) Paragraph (1) (a), (b), (c) or (d) does not apply to the death of a
veteran if the death-
  (a)  resulted from the veteran's serious default or wilful act; or
  (b)  arose from-
      (i)  a serious breach of discipline committed by the veteran; or
     (ii)  an occurrence that happened while the veteran was committing a
serious breach of discipline.
  (3) Sub-section (1) does not apply to the death of a veteran if the death of
the veteran resulted from the serious default or wilful act of the veteran
that happened after the veteran ceased, or last ceased, to render eligible war
service.
  (4) Paragraph (1) (c) does not apply-
  (a)  to an accident that occurred while the veteran was travelling on a
journey from the veteran's place of duty in a case where the veteran had
delayed commencing the journey for a substantial time after he or she ceased
to perform duty at that place (otherwise than for a reason connected with the
performance of the veteran's duties) unless, in the circumstances of the
particular case, the nature of the risk of sustaining an injury, or
contracting a disease, was not substantially changed, and the extent of that
risk was not substantially increased, by that delay or by anything that
happened during that delay;
  (b)  to an accident that occurred while the veteran was travelling on a
journey, or a part of a journey, by a route that was not reasonably direct
having regard to the means of transport used unless-
      (i)  the journey, or that part of the journey, was made by that route
for
a reason connected with the performance of the veteran's duties; or
     (ii)  in the circumstances of the particular case, the nature of the
risk
of sustaining an injury, or contracting a disease, was not substantially
changed, and the extent of that risk was not substantially increased, by
reason that the journey, or that part of the journey, was made by that route;
or
  (c)  to an accident that occurred while the veteran was travelling on a part
of a journey made after a substantial interruption of the journey, being an
interruption made for a reason unconnected with the performance of the
veteran's duties, unless, in the circumstances of the particular case, the
nature of the risk referred to in sub-paragraph (b) (ii) was not substantially
changed, and the extent of that risk was not substantially increased, by
reason of that interruption.
  (5) Paragraph (1) (e) does not apply to the death of a veteran from an
injury or disease, being injury or disease that has been contributed to in a
material degree by, or aggravated by, eligible war service rendered by the
veteran, unless the veteran has rendered operational service or the period of
the eligible war service rendered by the veteran that so contributed to the
injury or disease, or by which the injury or disease was aggravated, was 6
months or longer.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 9
War-caused injuries or diseases

  9. (1) Subject to this section, for the purposes of this Act, an injury
suffered by a veteran shall be taken to be a war-caused injury, or a disease
contracted by a veteran shall be taken to be a war-caused disease, if-
  (a)  the injury suffered, or disease contracted, by the veteran resulted
from an occurrence that happened while the veteran was rendering operational
service; 
  (b)  the injury suffered, or disease contracted, by the veteran arose out
of, or was attributable to, any eligible war service rendered by the veteran;
  (c)  the injury suffered, or disease contracted, by the veteran resulted
from an accident that occurred while the veteran was travelling, while
rendering eligible war service but otherwise than in the course of duty, on a
journey to a place for the purpose of performing duty or away from a place of
duty upon having ceased to perform duty;
  (d)  the injury suffered, or disease contracted, by the veteran is to be
deemed by sub-section (2) to be a war-caused injury or a war-caused disease;
  (e)  the injury suffered, or disease contracted, by the veteran-
      (i)  was suffered or contracted while the veteran was rendering
eligible
war service, but did not arise out of that service; or
     (ii)  was suffered or contracted before the commencement of the period,
or
last period, of eligible war service rendered by the veteran, but not while
the veteran was rendering eligible war service, and, in the opinion of the
Commission, was contributed to in a material degree by, or was aggravated by,

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any eligible war service rendered by the veteran, being service rendered after
the veteran suffered the injury or contracted the disease, but not otherwise.
  (2) For the purposes of this Act, where any incapacity of a veteran was, in
the opinion of the Commission, due to an accident that would not have
occurred, or due to a disease that would not have been contracted, but for his
or her having rendered eligible war service or but for changes in the
veteran's environment consequent upon his or her having rendered eligible war
service-
  (a)  if that incapacity was due to an accident-that incapacity shall be
deemed to have arisen out of the injury suffered by the veteran as a result of
the accident and the injury so suffered shall be deemed to be a war-caused
injury suffered by the veteran; or
  (b)  if the incapacity was due to a disease-the incapacity shall be deemed
to have arisen out of that disease and that disease shall be deemed to be a
war-caused disease contracted by the veteran.
  (3) Paragraph (1) (a), (b), (c) or (d) does not apply to an injury suffered,
or disease contracted, by a veteran if the injury or disease-
  (a)  resulted from the veteran's serious default or wilful act; or
  (b)  arose from-
      (i)  a serious breach of discipline committed by the veteran; or
     (ii)  an occurrence that happened while the veteran was committing a
serious breach of discipline.
  (4) Sub-sections (1) and (2) do not apply to an injury suffered, or disease
contracted, by a veteran if the incapacity of the veteran from that injury or
disease resulted from the serious default or wilful act of the veteran that
happened after the veteran ceased, or last ceased, to render eligible war
service.
  (5) Paragraph (1) (c) does not apply-
  (a)  to an accident that occurred while the veteran was travelling on a
journey from the veteran's place of work in a case where the veteran had
delayed commencing the journey for a substantial period after he or she ceased
to perform duty at that place (otherwise than for a reason connected with the
performance of the veteran's duties) unless, in the circumstances of the
particular case, the nature of the risk of sustaining an injury, or
contracting a disease, was not substantially changed, and the extent of that
risk was not substantially increased, by that delay or by anything that
happened during that delay;
  (b)  to an accident that occurred while the veteran was travelling on a
journey, or a part of a journey, by a route that was not reasonably direct
having regard to the means of transport used, unless-
      (i)  the journey, or that part of the journey, was made by that route
for
a reason connected with the performance of the veteran's duty; or
     (ii)  in the circumstances of the particular case, the nature of the
risk
of sustaining an injury, or contracting a disease, was not substantially
changed, and the extent of the risk was not substantially increased, by reason
that the journey, or that part of the journey, was made by that route; or
  (c)  to an accident that occurred while the veteran was travelling on a part
of a journey made after a substantial interruption of the journey, being an
interruption made for a reason unconnected with the performance of the
veteran's duties, unless, in the circumstances of the particular case, the
nature of the risk referred to in sub-paragraph (b) (ii) was not substantially
changed, and the extent of that risk was not substantially increased, by
reason of that interruption.
  (6) Paragraph (1) (e) does not apply to an injury suffered, or disease
contracted, by a veteran (being an injury or disease that has been contributed
to in a material degree by, or aggravated by, eligible war service rendered by
the veteran)-
  (a)  if the aggravation of the injury or disease-
      (i)  resulted from the veteran's serious default or wilful act;
     (ii)  arose from a serious breach of discipline committed by the
veteran;
or
  (b)  unless the veteran had rendered operational service or the period of
eligible war service rendered by the veteran that so contributed to the injury
or disease, or by which the injury or disease was aggravated, was 6 months or
longer.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 10
Child of a veteran or other person

  10. (1) In this Act, unless the contrary intention appears, a reference to a
child of a veteran, or of a deceased veteran, shall, if the veteran is, or the
deceased veteran was, a man, be read as a reference to-
  (a)  a child of whom the veteran is the father or a child adopted by the
veteran or the veteran and his wife; or
  (b)  any other child who is, or was immediately before the death of the
veteran, wholly or substantially dependent on the veteran.
  (2) In this Act, unless the contrary intention appears, a reference to a
child of a veteran shall, if the veteran is a woman, be read as a reference
to-

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  (a)  in the case of a veteran who is alive-
      (i)  a child of whom the veteran is the mother or a child adopted by
the
veteran or by the veteran and her husband; or
     (ii)  any other child who is wholly or substantially dependent on the
veteran; or
  (b)  in the case of a deceased veteran-
      (i)  a child referred to in sub-paragraph (a) (i); or
     (ii)  any other child who was, immediately before the death of the
veteran, wholly or substantially dependent on the veteran,
    being a child who is not being maintained by a parent, adoptive parent or
step-parent of the child.
  (3) For the purposes of sub-sections (1) and (2), where a veteran is, under
a law of the Commonwealth or of a State or Territory, liable to maintain a
child, the child shall be deemed to be wholly or substantially dependent on
that veteran.
  (4) In this section, a reference to a veteran shall be read as including a
reference to a person who is a member of the Forces, or a member of a
Peacekeeping Force, as defined by sub-section 68 (1).
  (5) In this Act, unless the contrary intention appears, a reference to a
child of a person (not being a person who is a veteran or a member referred to
in sub-section (4)) shall be read as a reference to a person who would, in
accordance with sub-section (1) or (2), be a child of that person if that
person were a veteran.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 11
Dependants

  11. (1) For the purposes of this Act, unless the contrary intention
appears-
  (a)  in respect of a male veteran (including a veteran who has died)-
      (i)  the wife or widow of the veteran;
     (ii)  a woman with whom the veteran is living, or was living immediately
before his death, as her husband on a bona fide domestic basis although not
legally married to her (whether or not his wife or widow is also alive); or
     (iii)  a child of the veteran,
    is a dependant of the veteran; and
  (b)  in respect of a female veteran (including a veteran who has died), a
child of the veteran is a dependant of the veteran.
  (2) Without limiting the generality of sub-section (1) in its application to
a veteran (including a veteran who has died) who is, or was-
  (a)  a descendant of an indigenous inhabitant of the Torres Strait Islands;
or 
  (b)  a male aboriginal native of Australia, who served during World War 2 in
the Defence Force at a rate of pay less than the minimum rate of pay that was
prescribed as payable to a male member of the Australian Military Forces and
whose services have been terminated by discharge or death, a person whom the
Commission, by instrument in writing, determines to be, for the purposes of
this section, a person who is dependent on the veteran is a dependant of the
veteran.
  (3) In sub-section (1), a reference to a veteran shall be read as including
a reference to a person who is a member of the Forces, or a member of a
Peacekeeping Force, as defined by sub-section 68 (1).
  (4) In this Act, unless the contrary intention appears, a reference to a
dependant of a person (not being a person who is a veteran or member referred
to in sub-section (3)) shall be read as a reference to a person who would, in
accordance with sub-section (1), be a dependant of that person if that person
were a veteran.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART II
               PART II-PENSIONS, OTHER THAN SERVICE PENSIONS, FOR
                         VETERANS AND THEIR DEPENDANTS


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1
                           Division 1-Interpretation


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 12
Interpretation

  12. In this Part, unless the contrary intention appears, "pension" means
pension under this Part.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2
                       Division 2-Eligibility for pension


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 13
Eligibility for pension

  13. (1) Where-
  (a)  the death of a veteran was war-caused; or
  (b)  a veteran has become incapacitated from a war-caused injury or a
war-caused disease, the Commonwealth is, subject to this Act, liable to pay-
  (c)  in the case of the death of the veteran-pensions to the dependants of
the veteran; or
  (d)  in the case of the incapacity of the veteran-pension to the veteran, in
accordance with this Act.
  (2) Where-
  (a)  a veteran has died;
  (b)  the death of the veteran was not war-caused; and

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  (c)  the veteran was, immediately before the veteran's death-
      (i)  a veteran to whom section 24 applied; or
     (ii)  a veteran to whom section 22, 23 or 25 applied who was in receipt
of
a pension the rate of which had been increased by reason that the pension was
in respect of an incapacity described in item 1, 2, 3, 4, 5, 6, 7 or 8 of the
table in section 27, the Commonwealth is, subject to this Act, liable to pay
pensions to the dependants of the veteran in accordance with this Act.
  (3) Where a pension in respect of the incapacity of a veteran from
war-caused injury or war-caused disease, or both, is granted, after the death
of the veteran, as from a date before the death of the veteran, sub-section
(2) applies as if the veteran had been in receipt of that pension immediately
before the veteran died.
  (4) Where-
  (a)  a veteran who has rendered operational service has died;
  (b)  the death of the veteran was not war-caused;
  (c)  the veteran is survived by a child of the veteran; and
  (d)  the Commission is satisfied that the child is not being maintained by a
parent, adoptive parent or step-parent of the child, the Commonwealth is,
subject to sub-section (7) of this section and to the other provisions of this
Act, liable to pay pension to that child.
  (5) The Commonwealth is not liable to pay a pension under sub-section (1) to
a veteran who is a veteran by reason only that he or she has rendered
operational service of a kind described in paragraph 6 (1) (f) or (g) unless
the veteran is residing in, and is physically present in, Australia or an
external Territory at the time when he or she makes a claim for the grant of
the pension in accordance with section 14 or, if the veteran has made 2 or
more such claims, at the time when he or she made the first of those claims.
  (6) Where the death of a person who is, or was, a member of the Defence
Force, or the incapacity of such a person from injury or disease-
  (a)  resulted from an occurrence that happened, or a disease that was
contracted, on or after 31 July 1962-
      (i)  as a result of action of hostile forces; or
     (ii)  while the person was engaged in warlike operations against hostile
forces,
    being an occurrence that happened, or a disease that was contracted,
outside Australia while the person was rendering continuous full-time service
as a member of the Defence Force, but otherwise than during any operational
service of the person in an operational area; or
  (b)  has arisen out of or is attributable to-
      (i)  action by hostile forces; or
     (ii)  the engagement of the person in warlike operations against hostile
forces,
    on or after 31 July 1962 outside Australia while the person was rendering
continuous full-time service as a member of the Defence Force, but otherwise
than during any operational service of the person in an operational area, the
Commonwealth is, subject to sub-section (7) of this section and to the other
provisions of this Act, liable to pay-
  (c)  in the case of the death of the person-pensions to the dependants of
the person; or
  (d)  in the case of the incapacity of the person-pension to the person, in
accordance with this Act, and this Act, other than sub-sections (1) to (5),
inclusive, of this section, applies to and in relation to the person as if the
person were a veteran and the death of the person were war-caused, the injury
suffered by the person were a war-caused injury or the disease contracted by
the person were a war-caused disease, as the case may be.
  (7) The Commonwealth is not liable to pay a pension-
  (a)  to a dependant of a veteran, being a child of the veteran, under
sub-section (1) or (2);
  (b)  to a child of a veteran under sub-section (4); or
  (c)  to a dependant of a person, being a child of the person, under
sub-section (6), if the dependant has attained the age of 16 years and
payments, by way of a living allowance, are being made in respect of the
child-
  (d)  under the scheme known as the Tertiary Education Assistance Scheme;
  (e)  under the scheme known as the Secondary Education Assistance Scheme;
  (f)  under the scheme known as the Aboriginal Study Grants Scheme;
  (g)  under the scheme known as the Post-Graduate Awards Scheme; or
  (h)  under the scheme known as the Veterans' Children Education Scheme.
  (8) Where a dependant of a deceased veteran (not being a child of the
veteran) re-marries or marries after the death of the veteran and after the
commencement of this Act-
  (a)  the Commonwealth is not liable to pay a pension to the dependant under
this section unless the decision to grant a pension was made after the
commencement of this Act by the Commission, the Board or the Administrative
Appeals Tribunal, as the case may be, before that marriage or re-marriage
occurred; and
  (b)  a decision granting a pension to the dependant under this section made
after the commencement of this Act by the Commission, the Board or the
Administrative Appeals Tribunal after that re-marriage or marriage occurred

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(including a decision granting such a pension as from a date before that
re-marriage or marriage occurred) is void and of no effect.
  (9) Where a person is in receipt of, or is eligible to receive, a pension
under this Part as the widow of a deceased veteran, the Commonwealth is not
liable to pay another pension to the person under this Part as the widow of
another deceased veteran or under Part IV as the widow of a member of the
Forces, or a member of a Peacekeeping Force, as defined by sub-section 68 (1).
  (10) Where a person who is in receipt of, or is eligible to receive, a
pension under this Part as the child of a deceased person, being a veteran,
would, but for this sub-section, become eligible to receive a pension under
this Part or Part IV as the child of another deceased person, being a veteran,
or a member of the Forces, or a member of a Peacekeeping Force, as defined by
sub-section 68 (1), the Commonwealth is liable to pay a pension to the person
under this Part or Part IV as the child of only one of those deceased persons,
and, if the rate at which that pension would be payable as the child of one of
those deceased persons (in this sub-section referred to as the "relevant
deceased person") is higher than the rate at which that pension would be
payable as the child of the other of those deceased persons, then-
  (a)  if the relevant deceased person is a veteran-the Commonwealth is liable
to pay a pension to the person under this Part as the child of the relevant
deceased person; or
  (b)  in any other case-the Commonwealth is not liable to pay a pension to
the person under this Part.
  (11) In this section (other than in sub-sections (8), (9) and (10)), a
reference to a veteran shall be read as a reference to a veteran described in
paragraph (a) of the definition of "veteran" in sub-section 5 (1).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3
   Division 3-Claims for pensions and applications for increases in pensions


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 14
Claim for pension

  14. (1) Subject to sub-section (2), a veteran, or a dependant of a deceased
veteran, may make a claim for a pension in accordance with sub-section (3).
  (2) Where a determination under this Act is in force determining that any
incapacity from which a veteran is suffering resulted from war-caused injury
or war-caused disease, or both, but a pension was not granted to the veteran
on the ground that the extent of the incapacity was insufficient to justify
the grant of a pension, sub-section (1) does not apply to a claim for a
pension in respect of that incapacity.
  (3) A claim for a pension-
  (a)  shall be in writing and in accordance with a form approved by the
Commission;
  (b)  shall be accompanied by such evidence available to the claimant as the
claimant considers may be relevant to the claim; and
  (c)  shall be made by forwarding to, or delivering at, an office of the
Department in Australia the claim and the evidence referred to in paragraph
(b).
  (4) Sub-section (3) shall not be taken to impose any onus of proof on a
claimant or to prevent a claimant from submitting evidence in support of the
claim subsequently to the making, but before the determination, of the claim.
  (5) Where-
  (a)  the Commission has made a decision refusing to grant a pension under
this Part to-
      (i)  a veteran who made a claim in respect of incapacity from a
particular injury or disease; or
     (ii)  a dependant of a deceased veteran who made a claim in respect of
the
death of the veteran; and
  (b)  either the time within which application may be made to the Board for a
review of that decision has not expired or such an application has been made
to, but has not yet been determined by, the Board, the veteran is not entitled
to make a further claim for the grant of a pension under this Part in respect
of incapacity from the same injury or disease, or the dependant of the veteran
is not entitled to make a further claim for the grant of a pension under this
Part in respect of the death of the veteran, as the case may be.
  (6) Where-
  (a)  the Board has affirmed a decision of the Commission refusing to grant a
pension under this Part to-
      (i)  a veteran who has made a claim in respect of incapacity from a
particular injury or disease; or
     (ii)  a dependant of a deceased veteran who has made a claim in respect
of
the death of the veteran; and
  (b)  either the time within which application may be made to the
Administrative Appeals Tribunal for a review of that decision of the Board has
not expired or such an application has been made to, but has not yet been
determined by, that Tribunal, the veteran is not entitled to make a further
claim for the grant of a pension under this Part in respect of incapacity from
the same injury or disease or the dependant of the veteran is not entitled to
make a further claim for the grant of a pension under this Part in respect of
the death of the veteran, as the case may be.

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VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 15
Application for increase in pension

  15. (1) A veteran who is in receipt of a pension under this Part in respect
of the incapacity of the veteran may apply, in accordance with sub-section (3)
of this section, for an increase in the rate of the pension on the ground that
the incapacity of the veteran has increased since the rate of the pension was
assessed or last assessed.
  (2) Where there is in force in respect of the incapacity of a veteran a
determination of a kind referred to in sub-section 14 (2) but a pension has
not been granted to the veteran on the ground that the extent of the
incapacity is insufficient to justify the grant of a pension under this Part,
the veteran may make application, in accordance with sub-section (3) of this
section, for a pension on the ground that the incapacity of the veteran has
increased since the grant of a pension in respect of the incapacity was
refused or last refused.
  (3) An application under sub-section (1) or (2)-
  (a)  shall be in writing and in accordance with a form approved by the
Commission;
  (b)  shall be accompanied by such evidence available to the applicant as the
applicant considers may be relevant to the application; and
  (c)  shall be made by forwarding to, or delivering at, an office of the
Department in Australia the application and any evidence referred to in
paragraph (b).
  (4) Sub-section (3) shall not be taken to impose any onus of proof on an
applicant or to prevent an applicant from submitting evidence in support of
the application subsequently to the making, but before the determination, of
the application.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 16
Who may make claim or application

  16. A claim under sub-section 14 (1) for a pension for a veteran or for a
dependant of a deceased veteran, an application under sub-section 15 (1) for
an increase in the rate of pension payable to a veteran or an application
under sub-section 15 (2) for a pension for a veteran may be made-
  (a)  by the veteran or dependant, as the case may be;
  (b)  with the approval of the veteran or dependant, as the case may be, by
another person on behalf of the veteran or dependant;
  (c)  in the case of a veteran or dependant, as the case may be, who is
unable, by reason of physical or mental incapacity, to approve a person to
make the claim or application on his or her behalf-by another person, being a
person approved by the Commission, on behalf of the veteran or dependant; or
  (d)  in the case of a dependant who is under the age of 18 years-
      (i)  by a parent or guardian of the dependant;
     (ii)  by another person approved by a parent or guardian of the
dependant;
or
     (iii)  if there is not a parent or guardian of the dependant alive, or
willing and able to make, or approve a person to make, such a claim or
application on behalf of the dependant-by another person, being a person
approved by the Commission,
    on behalf of the dependant.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 17
Investigation by the Secretary

  17. (1) Where a claim is made for a pension under sub-section 14 (1), or an
application is made for an increased pension under sub-section 15 (1) or for a
pension under sub-section 15 (2), the Secretary shall cause an investigation
to be made into the matters to which the claim or application relates.
  (2) The Secretary shall, upon completion of the investigation in respect of
a claim or application, cause the claim or application to be submitted to the
Commission for its consideration and determination.
  (3) A claim or application submitted to the Commission under sub-section (2)
shall be accompanied by-
  (a)  any evidence furnished by the claimant or applicant in connection with
the claim or application; and
  (b)  the documents relevant to the claim or application that are under the
control of the Department, including any evidence or documents relevant to the
claim or application obtained in the course of the investigation of the claim
or application under sub-section (1).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 18
Duties of Commission in relation to pensions

  18. It is the duty of the Commission in considering a claim or application
submitted to it, to satisfy itself with respect to, or to determine, as the
case requires, all matters relevant to the determination of the claim or
application.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 19
Determination of claims and applications

  19. (1) In this section, "claim" means a claim made in accordance with
section 14 or an application made in accordance with section 15.
  (2) Where a claim is submitted to the Commission in accordance with
sub-section 17 (2), the Commission shall consider the claim and, after
consideration of all matters that, in the opinion of the Commission, are

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relevant, including, but without limiting the generality of the foregoing, the
evidence and documents that were submitted with the claim in accordance with
sub-section 17 (3), any evidence subsequently submitted to the Commission in
relation to the claim, and any evidence, documents or other material furnished
to the Commission under section 32, shall, subject to sub-sections (3), (4),
(5) and (7) of this section, determine the claim.
  (3) Where-
  (a)  a claimant, being a veteran, has refused or failed to undergo a medical
examination for the purpose of the investigation of the claim or the
consideration of the claim by the Commission; or
  (b)  a claimant has refused or failed-
      (i)  to consent to the release to the Secretary, or to the Commission,
of
information concerning a veteran for the purpose of the investigation or
consideration of the claim; or
     (ii)  to comply with a request under paragraph 32 (1) (c) to furnish
material to the Commission, the Commission may, if it is of the opinion that
that medical examination, information or material is likely to affect the
decision it will make in respect of the claim, defer further consideration of
the claim until the veteran has undergone the medical examination, or the
claimant has consented to the release of the information or furnished the
material, as the case may be, and, if it does so, the Commission shall serve
on the claimant a notice, in writing, informing the claimant that the claim
has been so deferred.
  (4) If, at the expiration of 6 months after a claimant has been informed
under sub-section (3) that a claim has been deferred by reason of the refusal
or failure of a veteran to undergo a medical examination, the veteran has not
undergone the medical examination, the claim shall, by force of this
sub-section, be deemed to have been refused.
  (5) If, at the expiration of 6 months after a claimant has been informed
under sub-section (3) that a claim has been deferred by reason that the
claimant has refused or failed to consent to the release of information or to
furnish material-
  (a)  the claimant has not consented to the release of the information; or
  (b)  the claimant has not furnished the material or satisfied the Commission
that the material is not in the claimant's possession or under the claimant's
control, as the case may be, the claim shall, by force of this sub-section, be
deemed to have  been refused.
  (6) Where the Commission determines under sub-section (2) that the claimant
is entitled to be granted a pension in respect of the death of a veteran that
was war-caused, or a pension or increased pension in respect of the incapacity
of a veteran from war-caused injury or war-caused disease, or both, the
Commission shall assess the rate, or increased rate, at which the pension is
to be payable to the claimant and approve the date as from which the pension,
or the pension at the increased rate, is to be so payable to the claimant.
  (7) Where-
  (a)  the Commission, upon considering a claim for a pension in respect of
the incapacity of a veteran from injury or disease determines, or is
satisfied, that the veteran suffered the injury or contracted the disease as
claimed and that the injury is a war-caused injury or the disease is a
war-caused disease, as the case may be; and
  (b)  the Commission is also satisfied a determination under this Act is in
force determining that the veteran has suffered an injury or contracted a
disease (not being the injury or disease referred to in paragraph (a)) and
that- 
      (i)  that injury is a war-caused injury, or is, in accordance with
sub-section 70 (3), a defence-caused injury for the purposes of sub-section 70
(1); or
     (ii)  that disease is a war-caused disease, or is, in accordance with
sub-section 70 (3), a defence-caused disease for the purposes of sub-section
70 (1),
    as the case may be, whether or not a pension under Part II or Part IV, as
the case requires, has been granted in respect of that injury or disease, the
Commission shall not, in a case where the claimant is in receipt of a pension
under Part II or Part IV in respect of incapacity resulting from the injury or
disease referred to in paragraph (b), grant a separate and additional pension
to the claimant in respect of incapacity resulting from the injury or disease
referred to in paragraph (a), but the Commission shall, having regard to any
incapacity resulting from the injury or disease referred to in paragraph (a)
and any incapacity resulting from the injury or disease referred to in
paragraph (b) and treating any such defence-caused injury as war-caused injury
and any such defence-caused disease as war-caused disease-
  (c)  if the claimant is not in receipt of a pension under Part II or Part
IV-determine whether the claimant is entitled to be granted a pension under
Part II and, if it determines that the claimant is entitled to be granted such
a pension, assess the rate of the pension to be granted to the claimant; or
  (d)  if the claimant is in receipt of a pension under Part II or Part
IV-re-assess the rate of that pension.
  (8) Where the Commission is required by this section to assess the rate, or
increased rate, of a pension in respect of the incapacity of a veteran from

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war-caused injury or war-caused disease, or both, it shall, subject to
sections 26 and 27, assess the rate or increased rate in accordance with
section 22, 23, 24 or 25, whichever applies to the veteran.
  (9) Where the Commission is required by this section to assess the rate, or
increased rate, of a pension of a dependant of a deceased veteran in respect
of the death of the veteran that was war-caused, it shall assess the rate or
increased rate in accordance with section 30.
  (10) Where the Commission grants the whole or a part of a claim for a
pension, or an application for an increased pension, or for a pension, made
under this Part, the Commission may pay to the claimant or applicant an
amount, calculated in accordance with a scale approved by the Commission, by
determination in writing, in respect of the expenses (if any) incurred by the
claimant or applicant in providing for the production of certificates, reports
or other documents from a medical practitioner, or from a hospital or similar
institution in which he or she had received medical treatment, in support of
the claim or application, being certificates, reports or documents reasonably
used in support of the claim or application or, if a part only of the claim or
application was granted, in support of that part of the claim or application.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 20
Date of operation of grant of claim for pension

  20. (1) Where a claim in accordance with section 14 for a pension is
granted, the Commission may, subject to this Act, approve payment of the
pension from and including a date not earlier than 3 months before the date on
which the claim for a pension, in accordance with a form approved for the
purposes of paragraph 14 (3) (a) was received at an office of the Department
in Australia.
  (2) Where-
  (a)  a person makes a claim for a pension in writing, but otherwise than in
accordance with a form approved for the purposes of paragraph 14 (3) (a);
  (b)  the person subsequently makes a claim for the pension in accordance
with a form so approved-
      (i)  at a time when the person had not been notified by the Department
in
writing that it would be necessary to make the claim in accordance with a form
so approved; or
     (ii)  within 3 months after the person had been so notified; and
  (c)  a pension is granted to the person upon consideration of that claim in
accordance with a form so approved, the Commission may, subject to this Act,
approve payment of the pension from and including a date not earlier than 3
months before the date on which the claim referred to in paragraph (a) was
received at an office of the Department in Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 21
Date of operation of grant of application under section 15

  21. (1) The Commission may, subject to this Act, approve payment of pension
at the increased rate, or payment of pension, from and including the date on
which the application, in accordance with a form approved for the purposes of
paragraph 15 (3) (a) was received at an office of the Department in Australia.
  (2) Where-
  (a)  a person makes an application in writing of a kind referred to in
sub-section 15 (1) or (2), but otherwise than in accordance with a form
approved for the purposes of paragraph 15 (3) (a);
  (b)  the person subsequently makes an application of a kind so referred to
in accordance with a form so approved-
      (i)  at a time when the person had not been notified by the Department,
in writing, that it would be necessary to make the application in accordance
with a form so approved; or
     (ii)  within 3 months after the person had been so notified; and
  (c)  an increased pension, or a pension, is granted to the person upon
consideration of that application in accordance with a form so approved, the
Commission may, subject to this Act, approve payment of the increased pension,
or of the pension, from and including the date on which the application
referred to in paragraph (a) was received at an office of the Department in
Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4
                Division 4-Rates of pensions payable to veterans


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 22
General rate of pension

  22. (1) This section applies to a veteran who is being paid, or is eligible
to be paid, a pension under this Part, other than a veteran to whom section
23, 24 or 25 applies.
  (2) Subject to this Division, the rate at which pension is payable to a
veteran to whom this section applies in respect of the incapacity of the
veteran from war-caused injury or war-caused disease, or both, is such rate,
not exceeding the maximum rate per fortnight specified in sub-section (7), as
is assessed by the Commission as provided in sub-section (3).
  (3) The rate assessed by the Commission under sub-section (2) in respect of
the incapacity of a veteran from war-caused injury or war-caused disease, or
both, shall be a rate per fortnight that constitutes the same percentage of
the maximum rate per fortnight specified in sub-section (7) as the percentage
determined by the Commission in accordance with sub-section (4) to be the

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degree of incapacity of the veteran from that war-caused injury or war-caused
disease, or both, as the case may be.
  (4) The Commission shall, subject to sub-sections (5) and (6), determine the
degree of incapacity of a veteran from war-caused injury or war-caused
disease, or both, according to the provisions of the approved Guide to the
Assessment of Rates of Veterans' Pensions.
  (5) Subject to sub-section (6), the degree of incapacity shall be determined
as 10 per centum or a multiple of 10 per centum, but not exceeding 100 per
centum.
  (6) The Commission may determine that the degree of incapacity of a veteran
from war-caused injury or war-caused disease, or both, is less than 10 per
centum (including nought per centum) and, where it does so, it shall not
assess a rate of pension, but shall refuse to grant a pension to the veteran
on the ground that the extent of the incapacity of the veteran from that
war-caused injury or war-caused disease, or both, is insufficient to justify
the grant of a pension.
  (7) For the purposes of this section, the maximum rate per fortnight is
$137.60 per fortnight.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 23
Intermediate rate of pension

  23. (1) This section applies to a veteran if-
  (a)  there is in force in respect of the veteran a determination under this
Act determining that the degree of incapacity of the veteran from war-caused
injury or war-caused disease, or both, is 100 per centum;
  (b)  the veteran's incapacity from war-caused injury or war-caused disease,
or both, is, of itself alone, of such a nature as to render the veteran
incapable of undertaking remunerative work otherwise than on a part-time basis
or intermittently; and
  (c)  the veteran is, by reason of incapacity from war-caused injury or
war-caused disease, or both, alone, prevented from continuing to undertake
remunerative work that the veteran was undertaking and is, by reason thereof,
suffering a loss of salary or wages, or of earnings on his or her own account,
that the veteran would not be suffering if the veteran were free from that
incapacity; and
  (d)  section 24 or 25 does not apply to the veteran.
  (2) Paragraph (1) (b) shall not be taken to be fulfilled in respect of a
veteran who is undertaking, or is capable of undertaking, work of a particular
kind-
  (a)  if the veteran undertakes, or is capable of undertaking, that work for
50 per centum or more of the time (excluding overtime) ordinarily worked by
persons engaged in work of that kind on a full-time basis; or
  (b)  in a case where paragraph (a) is inapplicable to the work which the
veteran is undertaking or capable of undertaking-if the veteran is
undertaking, or is capable of undertaking, that work for 20 or more hours per
week.
  (3) For the purpose of paragraph (1) (c)-
  (a)  a veteran who is incapacitated from war-caused injury or war-caused
disease, or both, to the extent set out in paragraph (1) (b) shall not be
taken to be suffering a loss of salary or wages, or of earnings on his or her
own account, by reason of that incapacity-
      (i)  if the veteran has ceased to engage in remunerative work for
reasons
other than his or her incapacity from that war-caused injury or war-caused
disease, or both;
     (ii)  if the veteran is incapacitated, or prevented, from engaging in
remunerative work for some other reason; or
     (iii)  if the veteran has been engaged in remunerative work on a
part-time
basis or intermittently for reasons other than his or her incapacity from that
war-caused injury or war-caused disease, or both; and
  (b)  where a veteran, not being a veteran who has attained the age of 65
years, who has not been engaged in remunerative work satisfies the Commission
that he or she has been genuinely seeking to engage in remunerative work, that
he or she would, but for that incapacity, be continuing so to seek to engage
in remunerative work and that that incapacity is the substantial cause of his
or her inability to obtain remunerative work in which to engage, the veteran
shall be treated as having been prevented, by reason of that incapacity, from
continuing to undertake remunerative work that the veteran was undertaking.
  (4) The rate at which pension is payable to a veteran to whom this section
applies is $251.20  per fortnight.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 24
Special rate of pension

  24. (1) This section applies to a veteran, other than a veteran to whom
section 25 applies, if-
  (a)  there is in force in respect of the veteran a determination under this
Act determining that the degree of incapacity of the veteran from war-caused
injury or war-caused disease, or both, is 100 per centum;
  (b)  the veteran is totally and permanently incapacitated, that is to say,
the veteran's incapacity from war-caused injury or war-caused disease, or
both, is of such a nature as, of itself alone, to render the veteran incapable

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of undertaking remunerative work for periods aggregating more than 8 hours per
week; and
  (c)  the veteran is, by reason of incapacity from that war-caused injury or
war-caused disease, or both, alone, prevented from continuing to undertake
remunerative work that the veteran was undertaking and is, by reason thereof,
suffering a loss of salary or wages, or of earnings on his or her own account,
that the veteran would not be suffering if the veteran were free of that
incapacity.
  (2) For the purpose of paragraph (1) (c)-
  (a)  a veteran who is incapacitated from war-caused injury or war-caused
disease, or both, shall not be taken to be suffering a loss of salary or
wages, or of earnings on his or her own account, by reason of that incapacity
if-
      (i)  the veteran has ceased to engage in remunerative work for reasons
other than his or her incapacity from that war-caused injury or war-caused
disease, or both; or
     (ii)  the veteran is incapacitated, or prevented, from engaging in
remunerative work for some other reason; and
  (b)  where a veteran, not being a veteran who has attained the age of 65
years, who has not been engaged in remunerative work satisfies the Commission
that he or she has been genuinely seeking to engage in remunerative work, that
he or she would, but for that incapacity, be continuing so to seek to engage
in remunerative work and that that incapacity is the substantial cause of his
or her inability to obtain remunerative work in which to engage, the veteran
shall be treated as having been prevented by reason of that incapacity from
continuing to undertake remunerative work that the veteran was undertaking.
  (3) This section also applies to a veteran who has been blinded in both eyes
as a result of war-caused injury or war-caused disease, or both.
  (4) The rate at which pension is payable to a veteran to whom this section
applies is $364.90 per fortnight.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 25
Temporary payment at special rate

  25. (1) Where the Commission is satisfied that-
  (a)  a veteran is temporarily incapacitated from war-caused injury or
war-caused disease, or both; and
  (b)  if the veteran were so incapacitated permanently, the veteran would be
a veteran to whom section 24 applies, the Commission shall determine the
period during which, in its opinion, that incapacity is likely to continue and
this section applies to the veteran in respect of that period.
  (2) Where this section applies to a veteran in respect of a period, the rate
at which pension is payable to the veteran in respect of that period is the
rate specified in sub-section 24 (4).
  (3) The Commission may, under this section-
  (a)  determine a period that commenced before the date on which the
determination is made; and
  (b)  determine a period in respect of a veteran that commenced or commences
upon the expiration of a period previously determined by the Commission under
sub-section (1) in respect of the veteran.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 26
Reduction in rate of pension in certain cases

  26. (1) Where-
  (a)  a veteran is entitled to receive, or is in receipt of, a pension in
respect of incapacity from war-caused injury or war-caused disease, or both;
and 
  (b)  the veteran is also entitled to receive, or is also in receipt of,
periodical payments, or a lump-sum payment-
      (i)  under the law of a foreign country; or
     (ii)  under the law of a State,
    in respect of incapacity resulting from his or her employment in
connection
with war-like operations in which the Crown was engaged, being incapacity only
from injury or disease or both referred to in paragraph (a), the rate of the
pension referred to in paragraph (a) shall be assessed at the rate per year at
which it would, but for this sub-section, be assessed, reduced by the rate per
year of the periodical payments referred to in paragraph (b) or an amount per
year determined by the Commission to be the periodical payment equivalent of
that lump-sum payment, as the case may be.
  (2) Where-
  (a)  a veteran is entitled to receive, or is in receipt of, a pension in
respect of incapacity from war-caused injury or war-caused disease, or both;
and 
  (b)  the veteran is also entitled to receive, or is also in receipt of,
periodical payments, or a lump-sum payment-
      (i)  under the law of a foreign country; or
     (ii)  under the law of a State,
    in respect of incapacity resulting from his or her employment in
connection
with war-like operations in which the Crown was engaged, not being incapacity
only from the injury or disease, or both, referred to in paragraph (a), the
rate of those periodical payments, or the amount of that lump-sum payment, as

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the case may be, shall be taken into account in assessing the rate of the
pension referred to in paragraph (a) so that the total of the payments by way
of that pension and of the payments or payment referred to in paragraph (b) do
not exceed the total of the payments that the veteran would be entitled to
receive by way of pension under this Part in respect of the incapacity
referred to in paragraphs (a) and (b), assuming, for the purposes only of this
sub-section, that the incapacity referred to in paragraph (b) was wholly
incapacity from war-caused injury for the purposes of this Part.
  (3) Where-
  (a)  the rate per year by which the rate of a veteran's pension is required
by sub-section (1) to be reduced exceeds the rate that, but for that
sub-section, would be the rate per year of that pension; or
  (b)  the rate of the periodical payments or amount of the lump sum payment
that is required by sub-section (2) to be taken into account in assessing the
rate of a veteran's pension is such as to require the assessment of the rate
of that pension at a rate that does not exceed nought per centum, the veteran
is not entitled to be paid pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 27
Increased rates of pension in certain cases

  27. (1) This section applies to a veteran (other than a veteran to whom
section 24 applies) who is being paid, or is eligible to be paid, a pension
under this Part in respect of incapacity from a war-caused injury or a
war-caused disease of a kind described in column 1 of the following table:
------------------------------------------------------------------------------
-- 
                                                                        Rate
per 
$ Column 1
Column 2 Kind of incapacity
fortnight
------------------------------------------------------------------------------
-- 
 1. Two arms amputated ............................................
227.30 
 2. Two legs and one arm amputated ................................
227.30 
 3. Two legs amputated above the knee .............................
227.30 
 4. Two legs amputated and blinded in one eye .....................
227.30 
 5. One arm and one leg amputated and blinded in one eye ..........
227.30 
 6. One leg and one arm amputated .................................
227.30 
 7. One leg amputated above, and one leg amputated below, the knee
76.60 
 8. Two legs amputated below the knee .............................
51.70 
 9. One arm amputated and blinded in one eye ......................
44.50 10. One leg amputated and blinded in one eye ......................
44.50 11. One leg amputated above the knee ..............................
22.10 12. One leg amputated below the knee ..............................
11.70 13. One arm amputated above the elbow .............................
22.10 14. One arm amputated below the elbow .............................
11.70 15. Blinded in one eye ............................................
17.20
------------------------------------------------------------------------------
-- 
  (2) Subject to sub-section (3), the rate at which pension is payable under
section 22, 23 or 25 to a veteran to whom this section applies is a rate equal
to the sum of-
  (a)  the rate applicable to that pension under section 22, 23 or 25, as the
case requires; and
  (b)  the rate specified in column 2 of the table in sub-section (1) of this
section opposite to the description of the kind of incapacity described in
column 1 from which the veteran is suffering.
  (3)  Where the rate calculated in accordance with sub-section (2) in respect
of the pension payable to a veteran exceeds the rate specified in sub-section
24 (4), the rate so calculated shall be reduced by the amount of excess.
  (4) For the purpose of the application of a table in sub-section (1) to and
in relation to a veteran-
  (a)  amputation of an arm of a veteran below the elbow shall, if the elbow
action is lost as a result of the amputation, be treated as if an arm of the
veteran had been amputated above the elbow;
  (b)  amputation of a leg of a veteran below the knee shall, if the knee
action is lost as a result of the amputation, be treated as if a leg of the
veteran had been amputated above the knee;
  (c)  amputation of a foot of a veteran shall be treated as amputation of a
leg of the veteran below the knee;
  (d)  amputation of a hand of a veteran shall be treated as amputation of an

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arm of the veteran below the elbow; and
  (e)  a leg, foot, hand or arm that has been rendered permanently and wholly
useless shall be treated as having been amputated.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 28
Capacity to undertake remunerative work

  28. In determining, for the purposes of paragraph 23 (1) (b) or 24 (1) (b),
whether a veteran who is incapacitated from war-caused injury or war-caused
disease, or both, is incapable of undertaking remunerative work, the
Commission shall have regard to the following matters only:
  (a)  the vocational, trade and professional skills, qualifications and
experience of the veteran;
  (b)  the kinds of remunerative work which a person with the skills,
qualifications and experience referred to in paragraph (a) might reasonably
undertake; and
  (c)  the degree to which the physical or mental impairment of the veteran as
a result of the injury or disease, or both, has reduced his or her capacity to
undertake the kinds of remunerative work referred to in paragraph (b).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 29
Guide to the assessment of rates of veterans' pensions

  29. (1) The Commission may, from time to time, prepare a written document,
to be known as the "Guide to the Assessment of Rates of Veterans' Pensions"
setting out-
  (a)  criteria by reference to which the extent of the incapacity of a
veteran resulting from war-caused injury or war-caused disease, or both, shall
be assessed; and
  (b)  methods by which the extent of that incapacity, as assessed in
accordance with those criteria, shall be expressed as a percentage of
incapacity from that injury or disease, or both, being a percentage not
exceeding 100 per centum.
  (2) The Commission may, from time to time, by instrument in writing, vary or
revoke the approved "Guide to the Assessment of Rates of Veterans' Pensions"
prepared by it.
  (3) A document prepared by the Commission in accordance with sub-section
(1), and an instrument under sub-section (2), have no force or effect unless
and until approved by the Minister.
  (4) Where the Commission, the Board or the Administrative Appeals Tribunal
is required to assess or re-assess, or review the assessment or re-assessment
of, the extent of the incapacity of a veteran resulting from war-caused injury
or war-caused disease, or both, the provisions of the approved Guide to the
Assessment of Rates of Veterans' Pensions are binding on the Commission, the
Board or the Administrative Appeals Tribunal, as the case may be, in, and in
connection with, the carrying out by it of that assessment, re-assessment or
review, and the assessment, re-assessment or review of the extent of that
incapacity made by it shall be in accordance with the relevant provisions of
the approved Guide to the Assessment of Rates of Veterans' Pensions.
  (5) The percentage of incapacity of a veteran from war-caused injury or
war-caused disease, or both, ascertained in accordance with the methods
referred to in paragraph (1) (b) may be nought per centum.
  (6) In preparing criteria by reference to which the extent of incapacity of
a veteran from war-caused injury or war-caused disease, or both, shall be
assessed, or in varying those criteria, the Commission shall have regard to
medical opinion concerning the nature and effect (including possible effect)
of the injury or disease and the extent (if any) to which incapacity resulting
from the injury or disease may reasonably be capable of being reduced or
removed.
  (7) When a document prepared by the Commission in accordance with
sub-section (1), or an instrument under sub-section (2), has been approved by
the Minister, the Commission shall furnish copies of the document or
instrument to the Minister and the Minister shall cause copies to be laid
before each House of the Parliament within 15 sitting days of that House after
the Minister received those copies.
  (8) The Commission shall make copies of the "Guide to the Assessment of
Rates of Veterans' Pensions" that has been approved by the Minister, and of
any variation of that Guide that have been so approved, available upon
application and payment of the prescribed fee (if any).
  (9) Sections 48 (other than paragraphs (1) (a) and (b) and sub-section (2)),
49 and 50 of the Acts Interpretation Act 1901 apply in relation to a document,
being the approved Guide to the Assessment of Rates of Veterans' Pensions or
an instrument varying or revoking that Guide that has been approved by the
Minister, as if, in those sections, references to regulations were references
to such a document and references to a regulation were references to a
provision of such a document.
  (10) For the purpose of the application the provisions of the Acts
Interpretation Act 1901 in accordance with sub-section (9) of this section, a
document referred to in that sub-section shall be deemed to have been made on
the date on which it is approved by the Minister under this section.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 5
     Division 5-Rates of pensions payable to dependants of deceased veteran


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 30
Rates at which pensions payable to dependants

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  30. (1) Subject to sub-section (3), the rate at which pension is payable
under this Part to a dependant of a deceased veteran, being a person who is
the widow of the veteran, is a rate per fortnight equal to the sum of-
  (a)  $195.80 per fortnight; and
  (b)  $24.00 per fortnight.
  (2) Subject to sub-section (3), the rate at which pension is payable under
this Part to a dependant of a deceased veteran, being a person who is a child
of the veteran, is-
  (a)  if the spouse of the deceased veteran is also dead-$82.00 per
fortnight;
  (b)  if the spouse of the deceased veteran is alive, but the child is not
being maintained by a parent, adoptive parent or step-parent-$82.00 per
fortnight; or
  (c)  in any other case-$41.00 per fortnight.
  (3) Where, under the law-
  (a)  of a foreign country; or
  (b)  of a State, a dependant of a deceased veteran is entitled to receive,
or is in receipt of, periodical payments, or a lump-sum payment, in respect of
the death of the veteran resulting from employment in connection with warlike
operations in which the Crown has been engaged, the rate of those payments, or
the amount of that payment, shall be taken into account in assessing the rate
of pension payable under this Part so that the total payments to the dependant
shall not exceed the total payments that the dependant would be entitled to
receive under this Part if the dependant were not entitled to receive, or were
not in receipt of, those periodical payments or that lump-sum payment.
  (4) In this section, "widow" and "spouse" have the same respective meanings
as they have in Part III.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 6
                  Division 6-Reviews of pensions by Commission


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 31
Review by Commission

  31. (1) Where-
  (a)  the time has not expired for making application to the Board under
section 135 for a review of a decision of the Commission with respect to-
      (i)  a claim for a pension in accordance with section 14; or
     (ii)  an application for an increased pension, or for a pension, in
accordance with section 15; or
  (b)  an application has been duly made to the Board under section 135 for a
review of such a decision of the Commission but has not been determined by the
Board, the Commission may, in its discretion, review that decision and, if it
varies that decision, it may approve as the date as from which the variation
shall operate a date not earlier than the earliest date as from which the
decision as so varied could have operated if it had been made by the Board, in
substitution for the original decision, upon a review of the original
decision.
  (2) Where application has been duly made, otherwise than by the Commission,
to the Administrative Appeals Tribunal under section 175 for a review of-
  (a)  a decision of the Commission that has been affirmed by the Board; or
  (b)  a decision made by the Board in substitution for a decision of the
Commission, but the review has not been determined, the Commission may, in its
discretion, review that decision and, with the consent of the applicant, vary
that decision and, if it varies that decision, it may approve as the date as
from which the variation shall operate a date not earlier than the earliest
date as from which the decision as so varied could have operated if the
variation had been made by the Administrative Appeals Tribunal upon a review
of the decision.
  (3) The Commission may, for the purpose only of correcting a manifest error,
vary the date approved by the Board as the date as from which a decision of
the Board made in substitution for a decision of the Commission is to operate.
  (4) Where the Commission is satisfied that evidence before the Commission
when it made a decision was false in a material particular, the Commission
may, in its discretion, review the decision and, if it varies the decision, it
may approve as the date as from which the variation shall operate a date,
which may be a date before or after the commencement of the review, considered
by the Commission to be appropriate in all the circumstances.
  (5) For the purposes only of approving a date under sub-section (1) as the
date as from which a variation of a decision to which paragraph (1) (a)
applies shall operate, the Commission shall assume that an application had
been made to the Board to review the decision on the date on which the
Commission commenced its review of the decision.
  (6) Where the Commission is satisfied that-
  (a)  having regard to any matter that affects the payment of a pension,
being a matter that was not before the Commission, the Board or the
Administrative Appeals Tribunal, as the case requires, when the decision to
grant the pension, or a decision to vary the rate of the pension, was made;
or
  (b)  by reason of a refusal or failure of any person to comply with a
provision of this Act, a pension should be cancelled or suspended, or the rate
of a pension is higher than it should be, the Commission may, by determination
in writing, cancel or suspend, or decrease the rate of, the pension with

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effect, subject to sub-section (7), from the date of the determination or such
later date as is specified in the determination.
  (7) Where a determination is made under sub-section (6)-
  (a)  by reason of the refusal or failure of a person to comply with a
provision of this Act, other than-
      (i)  sub-section 127 (4) in relation to a notice under paragraph 127
(1)
(f); or
     (ii)  sub-section 128 (4); or
  (b)  by reason that an amount has been paid by way of pension that, but for
the false statement or misrepresentation of any person, would not have been
paid, a date earlier than the date of the determination may be specified in
the determination as the date as from which the cancellation, suspension or
decrease, as the case may be, is to take effect.
  (8) Where the Commission is satisfied that, having regard to any matter that
affects the payment of a pension, the rate of the pension is less than it
should be, the Commission may, by determination in writing, increase the rate
of the pension with effect from the date of the determination, or such earlier
date (not being a date more than 3 months before the date of the
determination), or such later date, as is specified in the determination.
  (9) Where the Commission determines that a pension be suspended-
  (a)  the Commission may, in the same determination, fix the date of
re-commencement of the pension; or
  (b)  if the Commission does not so fix the date of re-commencement, the
Commission shall, in a subsequent determination, fix the date of
re-commencement of the pension unless it makes a further determination
cancelling the pension.
  (10) If the Commission refuses or fails to review, under this section, a
decision in relation to a pension, the refusal or failure is not subject to
review by the Board or by the Administrative Appeals Tribunal.
  (11) A decision by the Commission upon its review under this section of a
decision in relation to a pension is not subject to review by the Board or the
Administrative Appeals Tribunal unless the Commission cancels or suspends the
pension, or varies the decision, reviewed by the Commission.
  (12) This section applies to and in relation to a decision made before or
after the commencement of this section but does not apply to or in relation to
a decision of the Board referred to in sub-section 154 (1), or a decision of
the Administrative Appeals Tribunal referred to in sub-section 178 (1), that
is binding on the Commission by reason that the period specified in that
sub-section has not expired.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 7
                             Division 7-Procedural


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 32
Commission may take evidence

  32. (1) Subject to sub-section (2), the Commission may, for the purposes of
its consideration of a claim submitted to it in accordance with sub-section 17
(2) or of its review under section 31 of a decision in relation to a pension-
  (a)  summon a person to appear before the Commission to give evidence and
produce such documents (if any) as are referred to in the summons;
  (b)  take evidence on oath or affirmation;
  (c)  request-
      (i)  in the case of consideration of a claim-the claimant or the
Secretary; or
     (ii)  in the case of a review under section 31-a person likely to be
affected by the review or the Secretary,
    to furnish to the Commission material believed to be under his or her
control and relevant to the determination of the claim, or the review of the
decision; and
  (d)  request-
      (i)  in the case of consideration of a claim-the claimant; or
     (ii)  in the case of a review under section 31-the person likely to be
affected by the review,
    to attend before the Commission for a discussion of the claim, or of the
review, as the case may be, or to discuss the claim, or the review, as the
case may be, with the Commission by telephone.
  (2) Sub-section (1) does not authorize the Commission to summon-
  (a)  for the purpose of its consideration of a claim-the claimant; or
  (b)  for the purpose of a review under section 31-a person likely to be
affected by the review, to appear before the Commission to give evidence or to
produce documents.
  (3) Where a claimant requests the Commission for an opportunity-
  (a)  to attend before the Commission and discuss the claim with the
Commission; or
  (b)  to discuss the claim with the Commission by telephone, the Commission
shall, if it is of the opinion that the request is in all the circumstances
reasonable, comply with the request.
  (4) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the evidence the person will
give will be true.
  (5) The powers and duties of the Commission under this section may be

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exercised or performed on behalf of the Commission-
  (a)  in relation to a claim-by a person to whom the Commission has delegated
its powers under section 19; or
  (b)  in relation to a review under section 31-by a person to whom the
Commission has delegated its powers under that section, and, for the purpose
of the exercise of those powers or the performance of those duties,
sub-sections (1), (2) and (3) and (6) to (10), inclusive, of this section have
effect as if a reference to the Commission included a reference to that
person.
  (6) A person who has been summoned to appear as a witness before the
Commission shall not, without reasonable excuse, and after tender of
reasonable expenses, fail to appear in answer to the summons.
  Penalty: $1,000 or imprisonment for 6 months, or both.
  (7) A person who appears before the Commission as a witness in answer to a
summons shall not, without reasonable excuse, refuse to be sworn or make an
affirmation.
  Penalty: $1,000 or imprisonment for 6 months, or both.
  (8) Subject to sub-section (9), a person who appears before the Commission
as a witness, otherwise than in answer to a summons, may be requested by the
Commission to give evidence on oath, and, if the person declines to be sworn
or make an affirmation, the person's evidence shall not be received.
  (9) Sub-section (8) does not apply to a person who attends before the
Commission for a discussion of a claim or review at the request of the
Commission under sub-section (1) or at his or her own request under
sub-section (3) or has a discussion with the Commission by telephone under
sub-section (3).
  (10) A person who has been sworn, or made an affirmation, as a witness
before the Commission shall not, without reasonable excuse, refuse to produce
documents or to answer a question that the person is required to answer by the
Commission. 
  Penalty: $1,000 or imprisonment for 6 months, or both.
  (11) A person who has been sworn, or made an affirmation, as a witness
before the Commission shall not, without reasonable excuse, give evidence that
is false or misleading in a material particular.
  Penalty: $2,000 or imprisonment for 12 months, or both.
  (12) In this section-
  "claim" includes application;
  "claimant" includes applicant.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 33
Withdrawal of claim or application

  33. (1) A claimant or applicant may, at any time before the claim or
application is determined by the Commission, by notice in writing forwarded to
the Secretary at an office of the Department in Australia, withdraw the claim
or application.
  (2) The withdrawal of a claim or application does not prevent the claimant
from subsequently making another claim under section 14, or the applicant from
subsequently making another application under section 15.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 34
Reasons for decisions to be given

  34. (1) Where the Commission makes a decision-
  (a)  with respect to a claim for a pension in accordance with section 14, or
an application for a pension or increased pension in accordance with section
15; 
  (b)  by way of assessing the rate of a pension, or determining the date of
commencement or cessation of a pension;
  (c)  to vary a decision upon a review carried out under section 31;
  (d)  to cancel or suspend a pension under sub-section 31 (6); or
  (e)  to decrease the rate of a pension under sub-section 31 (6) or to
increase the rate of a pension under sub-section 31 (8), the Commission shall
make a written record of its decision together with a statement in writing
setting out its findings on material questions of fact, referring to the
evidence or other material on which those findings are based and giving its
reasons for the decision.
  (2) As soon as practicable after the Commission makes a decision referred to
in sub-section (1), the Commission shall, subject to sub-section (3), cause to
be served-
  (a)  in the case of a decision in respect of a claim or application-on the
claimant or applicant; or
  (b)  in the case of a decision of a kind referred to in paragraph (1) (b),
(c), (d) or (e)-on the person affected by the decision, a copy of its decision
and of the statement relating to the decision made by it in accordance with
sub-section (1), together with particulars of the right of the person on whom
it is served to have the decision reviewed by the Board.
  (3) Where the statement prepared by the Commission in pursuance of
sub-section (1) upon the making of a decision referred to in that sub-section
contains or refers to any information, opinion or other matter-
  (a)  that, in the opinion of the Commission, is of a confidential nature;
or
  (b)  that, in the opinion of the Commission, it might be prejudicial to the
physical or mental health or well-being of the person on whom a copy of the

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statement is required to be served to communicate to that person, the document
served on the person in pursuance of sub-section (2) shall not contain or
refer to that information, opinion or matter.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART III
                           PART III-SERVICE PENSIONS


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1
                           Division 1-Interpretation


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 35
Interpretation

  35. (1) In this Part, unless the contrary intention appears-
  "allied mariner" means a person who-
     (a)  was, during the period of hostilities specified in paragraph (b) of
the definition of "period of hostilities" in this sub-section-
         (i)  a master, officer or seaman employed under agreement, or an
apprentice employed under indenture, in sea-going service on a ship that was
engaged in trading;
        (ii)  a master, officer, seaman or apprentice employed in a
lighthouse
tender or pilot ship;
        (iii)  employed as a pilot; or
        (iv)  a master, officer, seaman or apprentice employed in sea-going
service on a ship (being a hospital ship, troop transport, supply ship, tug,
cable ship, salvage ship, dredge, fishing vessel or fisheries investigation
vessel) that was operated by, or on behalf of, a foreign country; and
     (b)  was at any time during the course of that employment during the
period of hostilities specified in paragraph (b) of the definition of "period
of hostilities" in this sub-section, on a ship that was-
         (i)  operating from a port in Australia or from a port in a
Commonwealth country or an allied country;
        (ii)  engaged in trading with Australia or with a Commonwealth
country
or an allied country;
        (iii)  engaged in providing assistance or support to the Defence
Force,
or to the forces, or any part of the forces, of a Commonwealth country or an
allied country; or
        (iv)  engaged in providing assistance or support to Australia or to a
Commonwealth country or an allied country,
    but does not include-
     (c)  an Australian mariner;
     (d)  a person who has, at any time, been employed by a foreign country
that was, at that time, at war with Australia; or
     (e)  a person who has, at any time, been employed-
         (i) on a ship that operated to, or was operating from, a port in a
country that was, at that time, at war with Australia;
        (ii) on a ship that was engaged in trading with a country that was,
at
that time, at war with Australia; or
        (iii) on a ship that was engaged in providing assistance or support
to
the enemy or to a country that was, at that time, at war with Australia;
  "allied veteran" means a person who has been appointed or enlisted as a
member of the defence force established by an allied country and has rendered
continuous full-time service as such a member during a period of hostilities,
other than such a person who has served at any time-
     (a)  in the forces of a country that was, at that time, at war with
Australia, or in forces engaged in supporting or assisting the forces of such
a country; or
     (b)  in forces that were, at that time, engaged in war-like operations
against the Naval, Military or Air Forces of Australia;
  "Australia" includes the external Territories;
  "Australian mariner" means a person who was, during the period of
hostilities specified in paragraph (b) of the definition of "period of
hostilities" in this sub-section-
     (a)  a master, officer or seaman employed under agreement, or an
apprentice employed under indenture, in sea-going service on a ship registered
in Australia that was engaged in trading between a port in a State or
Territory and any other port;
     (b)  a master, officer or seaman employed under agreement, or an
apprentice employed under indenture, in sea-going service on a ship registered
outside Australia who was, or whose dependants were, resident in Australia for
at least 12 months immediately before he or she entered into the agreement or
indenture;
     (c)  a master, officer, seaman or apprentice employed on a lighthouse
tender, or pilot ship of the Commonwealth or of a State;
     (d)  a pilot employed or licensed by Australia or a State or by an
authority constituted by or under a law of the Commonwealth or of a State;
     (e)  a master, officer, seaman or apprentice employed in sea-going
service
on a ship owned in Australia and operating from an Australian port, being a

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hospital ship, troop transport, supply ship, tug, cable ship, salvage ship,
dredge, fishing vessel or fisheries investigation vessel;
     (f)  a member or employee of the Commonwealth Salvage Board engaged in
sea-going service under the direction of that Board; or
     (g)  a master, officer, seaman or apprentice employed in sea-going
service
on a ship registered in New Zealand who the Commission is satisfied was
engaged in Australia and is not entitled to compensation under a law of a
Commonwealth country providing for the payment of pensions and other payments
to seamen who suffered death or disablement as a result of World War 2;
  "benevolent home" means a home that is a benevolent home for the purposes of
the Social Security Act 1947;
  "carer's service pension" means a carer's service pension granted to a
person under section 41;
  "Commonwealth veteran" means a person who rendered continuous full-time
service as a member of the naval, military or air forces, of the nursing or
auxiliary services or of the women's branch of the naval, military or air
forces of a Commonwealth country during a period of hostilities;
  "fishing vessel" means a ship employed in connection with the occupation of
sea fishing for profit;
  "government-in-exile", in relation to an allied country, includes a person,
or group of persons, claiming to represent, or administer, the country or a
part of the country or the people of the country;
  "Government rent" means-
     (a)  rent payable to any of the following authorities:
         (i) The Housing Commission of New South Wales;
        (ii) the Director, within the meaning of the Housing Act 1983 of
Victoria;
        (iii) The Queensland Housing Commission;
        (iv) The Corporation of the Director of Aboriginal and Islanders
Advancement established by a law of Queensland;
        (v) the South Australian Housing Trust;
        (vi) The State Housing Commission established by a law of Western
Australia;
       (vii) the Director-General of Housing and Construction holding office
under a law of Tasmania;
        (viii) the Northern Territory Housing Commission;
     (b)  rent payable to the Commonwealth in respect of any accommodation in
Glebe in New South Wales; and
     (c)  rent payable to the Commonwealth in respect of any accommodation in
the Australian Capital Territory or in the Jervis Bay Territory, other than
rent of a kind specified by the Minister for Social Security, by notice
published in the Gazette, for the purposes of paragraph (c) of the definition
of "Government rent" in sub-section 6 (1) of the Social Security Act 1947;
  "income", in relation to any person, means any personal earnings, moneys,
valuable consideration or profits earned, derived or received by that person
for his or her own use or benefit by any means from any source whatsoever,
within or outside Australia, and includes a periodical payment or benefit by
way of gift or allowance, but does not include-
     (a)  a payment under this Part, a payment under the Social Security Act
1947, the value of any treatment, training or goods provided under that Act,
or a payment under section 9 of the Tuberculosis Act 1948;
     (b)  the value of emergency relief or like assistance;
     (c)  the value of any assistance provided by an eligible organization
within the meaning of the Homeless Persons Assistance Act 1974, being
assistance by way of the provision of accommodation or meals or of a ticket,
voucher or token that may be exchanged for accommodation or meals;
     (d)  a payment under the Handicapped Persons Assistance Act 1974;
     (e)  a payment of domiciliary nursing care benefit under Part VB of the
National Health Act 1953;
     (f)  a payment under a law of the Commonwealth, being a law having an
object of assisting persons to purchase or build their own homes;
     (g)  a payment made to a person for, or in respect of, a child of the
person;
     (h)  insurance or compensation payments made by reason of the loss of,
or
damage to, buildings, plant or personal effects;
     (j)  moneys from the investment of payments of the kind referred to in
paragraph (h), being an investment for a period not exceeding 12 months or
such longer period as the Commission, for any special reason in a particular
case, allows after the receipt of those payments;
     (k)  in the case of a person who pays, or is liable to pay, rent-a
payment
by way of rent subsidy made by the Commonwealth, by a State or Territory or by
an authority of the Commonwealth or of a State or Territory, to or on behalf
of the person who pays, or is liable to pay, rent;
    (m)  a payment received by a trainee in full-time training under a
program
included in the programs known as the Labour Force Programs, to the extent
that the payment includes one or more of the following amounts:

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         (i)  an amount calculated by reference to a rate of unemployment
benefit under Part VII of the Social Security Act 1947;
        (ii)  an amount known as the training component;
        (iii)  an amount by way of a living away from home allowance;
     (n)  a payment received by a person under the scheme known as the New
Enterprise Incentive Scheme;
     (o)  a benefit under a law of the Commonwealth relating to the provision
of pharmaceutical, sickness or hospital benefits, or of medical or dental
services; 
     (p)  a payment made by an organization registered under a law referred
to
in paragraph (o) for or in respect of expenses incurred by a person for
hospital, medical or dental treatment;
     (q)  in the case of a member of-
         (i)  the Australian Naval Reserve;
        (ii)  the Naval Emergency Reserve Forces;
        (iii)  the Australian Army Reserve;
        (iv)  the Australian Air Force Reserve;
        (v)  the Air Force Emergency Force; and
        (vi)  the Regular Army Emergency Reserve,
       the pay and allowances paid to the person as such a member (other than
pay and allowances in respect of continuous full-time service) and, in the
case of a member of a Force referred to in sub-paragraph (ii), (v) or (vi),
any gratuity paid to the member by reason of a calling out for continuous
service of that Force or of a part of that Force;
     (r) a payment to a veteran by way of-
         (i)  attendant allowance under section 98;
        (ii)  recreation transport allowance under section 104;
        (iii)  an allowance for the running and maintenance of a motor
vehicle
under the Vehicle Assistance Scheme referred to in section 105;
        (iv)  decoration allowance under section 102;
        (v)  Victoria Cross allowance under section 103; or
        (vi)  clothing allowance under section 97;
     (s)  a payment to a mariner under the Seamen's War Pensions and
Allowances
Act 1940 of a kind similar to a kind of payment referred to in paragraph (r);
     (t)  a periodical payment or benefit by way of gift or allowance from
the
father, mother, son, daughter, brother or sister of the person; or
     (u)  that part of the value of board or lodging, or board and lodging,
received by the person that exceeds $65 per year;
  "married veteran" means a veteran who is a married person within the meaning
of sub-section (6) of this section;
  "period of hostilities" means-
     (a)  World War 1 from its commencement to and including 11 November
1918;
     (b)  World War 2 from its commencement to and including 29 October 1945;
     (c)  the period of hostilities in respect of Korea from 27 June 1950 to
19
April 1956 (both included);
     (d)  the period of hostilities in respect of Malaya from 29 June 1950 to
30 August 1957 (both included); or
     (e)  the period of hostilities in respect of war-like operations in
operational areas from 31 July 1962 to 11 January 1973 (both included);
  "prescribed person" means a person who is a prescribed person for the
purposes of Part V;
  "prescribed student child" in relation to a person, means a child of the
person, being a child in respect of whom a determination under sub-section
(15) is in force;
  "property" includes property situated outside Australia;
  "remote area allowance" means an allowance granted to a service pensioner
under section 57;
  "rent", in relation to a person eligible to receive a service pension, a
spouse's service pension or a carer's service pension, means rent, not being
Government rent, in respect of premises, or a part of premises, occupied by
the person as the person's home, and includes amounts payable by the person
for-
     (a)  lodging or board and lodging;
     (b)  the use of a site for-
         (i)  a caravan or other vehicle; or
        (ii)  a structure,
       occupied by the person as the person's home; or
     (c)  the right to moor a vessel that is occupied by the person as the
person's home;
  "rent assistance" means an allowance by way of rent assistance granted to a
service pensioner under section 55;
  "service pension" means a service pension granted to a veteran under section
38 or 39;
  "service pensioner" means a person in receipt of a service pension, a wife's

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service pension or a carer's service  pension;
  "unmarried person" means a person who is not a married person for the
purpose of this Part;
  "veteran" means-
     (a)  a veteran as defined by section 5;
     (b)  a Commonwealth veteran;
     (c)  an allied veteran;
     (d)  an Australian mariner; or
     (e)  an allied mariner;
  "wife's service pension" means a wife's service pension granted to the wife
of a veteran under section 40.
  (2) In this Part-
  (a)  a reference to the defence force established by a Commonwealth country
shall be read as a reference to the naval, military or air forces of the
country, the nursing and auxiliary services of the naval, military or air
forces of the country or the women's branch of the naval, military or air
forces of the country; and
  (b)  a reference to the defence force established by an allied country shall
be read as a reference to-
      (i)  the regular naval, military or air forces;
     (ii)  the nursing or auxiliary services of the regular naval, military
or
air forces; and
     (iii)  the women's branch of the regular naval, military or air forces,
    raised by an allied country and operated by the country with regular
military-like lines of command, that is to say, raised and operated in such a
manner that the members of those forces and services-
     (iv)  were formally appointed to, or enlisted in, those forces or
services; 
     (v)  were required to wear uniforms or insignia distinguishing them as
members of those forces or services;
     (vi)  were required to carry arms openly; and
    (vii)  were subject to the rules and conventions of warfare.
  (3) In relation to any period during which there was, with respect to an
allied country, a government-in-exile, a reference in this Part to the defence
force established by an allied country shall be read as including a reference
to-
  (a)  the regular naval, military or air forces;
  (b)  the nursing or auxiliary services of the regular naval, military or air
forces; and
  (c)  the women's branch of the regular naval, military or air forces, raised
by that government-in-exile and operated by it with regular military-like
lines of command, that is to say, raised and operated in such a manner that
sub-paragraphs (2) (b) (iv), (v), (vi) and (vii) were satisfied in respect of
the members of those forces and services.
  (4) Where a person, being the claimant for a service pension satisfies the
Commission-
  (a)  that the person had been appointed or enlisted as a member of the
forces or services of an allied country or of the government-in-exile of an
allied country, being forces or services of a kind referred to in
sub-paragraph (2) (b) (i), (ii) or (iii) or paragraph (3) (a), (b) or (c), as
the case may be;
  (b)  that those forces or services were raised and operated in such a manner
that sub-paragraphs (2) (b) (iv) and (vii) were satisfied in respect of those
forces or services; and
  (c)  that the person was not required, as such a member, to wear a uniform
or insignia distinguishing the person as a member of those forces or services,
to carry arms at all or to carry arms openly, and that, having regard to the
conditions existing, at the time the person served in those forces or
services, in the parts of that country in which the person so served, it would
have been unreasonable for the person to have been required to wear such a
uniform or insignia, to carry arms or to carry arms openly, as the case may
be, the Commission shall determine that the person shall, for the purposes of
the definition of "allied veteran" in sub-section (1), be treated as a person
who has been appointed or enlisted as a member of the defence force
established by that allied country or that government-in-exile, as the case
may be.
  (5) For the purposes of this Part, a person resident in Papua New Guinea
after it became an independent sovereign state, being the spouse of a service
pensioner who is, by virtue of sub-section 5 (5), to be deemed to be a
resident of Australia, shall be deemed to be a resident of Australia.
  (6) In this Part-
  (a)  a reference to the wife of a person shall be read as a reference-
      (i)  to a woman who is legally married to the person; or
     (ii)  if the person is a man-to a woman who is living with the person as
his wife on a bona fide domestic basis although not legally married to the
person, whether or not the person is legally married to another person who is
still alive;
  (b)  a reference to the widow of a deceased person shall be read as a
reference to a woman who was the wife of the person immediately before the

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person's death;
  (c)  a reference to the husband of a person shall be read as a reference-
      (i)  to a man who is legally married to the person; or
     (ii)  if the person is a woman-to a man who is living with the person as
her husband on a bona fide domestic basis although not legally married to the
person, whether or not the person is legally married to another person who is
still alive;
  (d)  a reference to the widower of a deceased person shall be read as a
reference to a man who was the husband of the person immediately before the
person's death;
  (e)  a reference to the spouse of a person (including a deceased person)
shall be read as a reference-
      (i)  if the person is or was a man-to the wife or widow, as the case
requires, of the person; or
     (ii)  if the person is or was a woman-to the husband or widower, as the
case requires, of the person; and
  (f)  a reference to a married person shall be read as a reference-
      (i)  to a person who is legally married to another person and is not
living separately and apart from that other person on a permanent basis; or
     (ii)  to a person who is living, in the case of a man, with a woman as
her
husband, or, in the case of a woman, with a man as his wife, on a bona fide
domestic basis although not legally married to that woman or man (whether or
not the person is legally married to another person who is still alive),
    other than such a person in respect of whom a determination under
sub-section (7) is in force.
  (7) The Commission may, by instrument in writing, determine that, for any
special reason, a person who, but for the determination, would be a married
person for the purposes of this Part shall not be treated as such a person.
  (8) Notwithstanding any other provision of this Act, a child shall not be
treated, for the purposes of this Part, as a child of a person who is claiming
or receiving a service pension, unless-
  (a)  the child is living in Australia, whether or not the child is
temporarily absent from Australia;
  (b)  the child is living outside Australia, the person is living in
Australia, the day that is the relevant day in relation to the person in
respect of the child has not occurred and the Commission is satisfied that it
is likely that the person will bring the child to live in Australia on or
before that day; or
  (c)  if the person is in receipt of a service pension-the child is living
with the person outside Australia.
  (9) Subject to sub-section (10), the relevant day, for the purposes of
sub-section (8), in relation to a person in respect of a child, is the day
that falls on the fourth anniversary of the earliest day that was a day on
which-
  (a)  the person was living in Australia;
  (b)  the child was living outside Australia; and
  (c)  the child was a child of the person.
  (10) Where, for any special reason in any particular case, the Commission is
of the opinion that, for the purposes of sub-section (8), the relevant day in
relation to a person in respect of a child should be a later day than the day
that would, but for this sub-section, be that relevant day, the Commission may
determine that, for the purposes of that sub-section, that later day is the
relevant day in relation to that person in respect of that child.
  (11) If a law of a State or of the Northern Territory alters the name of an
authority specified in paragraph (a) of the definition of "Government rent" in
sub-section (1), the reference in that definition to that authority shall be
read as a reference to that authority under its new name.
  (12) For the purposes of this Part, unless the contrary intention appears-
  (a)  the value of the property of, or of the property of a particular kind
of, a married person shall be taken to be one-half of the sum of the value of
the property of, or of property of that kind of, the person and the spouse of
the person; and
  (b)  the annual rate of the income of a married person shall be taken to be
one-half of the sum of the annual rates of income of the person and the spouse
of the person.
  (13) A reference in this Part to the value of particular property of a
person, or to the value of a charge or encumbrance on property of a person,
shall, if the property is owned by the person jointly or in common with
another person or other persons, be read as a reference to the value of the
person's interest in the property, or to the value of that charge or
encumbrance in so far as it relates to the person's interest in that property,
as the case may be.
  (14) Where a person who is eligible, under a particular section, to receive
a service pension, a wife's service pension or a carer's service pension is
granted that pension, then, for the purposes of this Act, that pension shall
be deemed to have been granted under that section.
  (15) Where the Commission is satisfied that payments under the scheme known
as the Tertiary Education Assistance Scheme or the scheme known as the
Secondary Allowance Scheme are being or will be made to or in respect of a

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student child, other than a child by reference to whom the rate of those
payments is increased, the Commission shall, by determination in writing,
declare that child to be a prescribed student child for the purposes of this
Part as from a date specified in the determination, which may be a date before
the date on which the determination is made but shall not be a date before 1
January 1986.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 36
Meaning of qualifying service

  36. For the purposes of this Part, a person has rendered qualifying
service-
  (a)  if the person has, as a member of the Defence Force-
      (i)  rendered service, during a period of hostilities specified in
paragraph (a) or (b) of the definition of "period of hostilities" in
sub-section 35 (1), at sea, in the field or in the air in naval, military or
aerial operations against the enemy in an area, or on an aircraft or ship of
war, at a time when the person incurred danger from hostile forces of the
enemy in that area or on that aircraft or ship;
     (ii)  rendered service after 29 October 1945 in respect of which the
person has been awarded, or has become eligible to be awarded, the Naval
General Service Medal or the Army General Service Medal (Army and Royal Air
Force) with the Minesweeping 1945-51 Clasp, the Bomb-Mine Clearance 1945-53
Clasp or the Bomb and Mine Clearance 1945-49 Clasp;
     (iii)  rendered service outside Australia-
        (A)  as a member of a unit of the Defence Force that was allotted for
duty; or
        (B)  while the person was allotted for duty,
       in an area described in item 1, 2, 4, 5, 6, 7 or 8 of Schedule 2 (in
column 1) during the period specified in column 2 of that Schedule opposite to
that description; or
     (iv)  rendered service outside Australia-
        (A)  as a member of a unit of the Defence Force that was allotted for
duty; or
        (B)  while the person was allotted for duty,
       in an area described in item 3 of Schedule 2 (in column 1) during the
period specified in column 2 of that Schedule opposite to that description,
being service in respect of which the person has been awarded, or has become
eligible to be awarded, a British General Service Medal with the Malaya
Clasp;
  (b)  if, during a period of hostilities, the person has, as a member of the
defence force established by a Commonwealth country, rendered, in connection
with war or war-like operations in which the Naval, Military or Air Forces of
Australia were engaged-
      (i)  service, in an area outside that country, at a time when the
person
incurred danger from hostile forces of the enemy in that area; or
     (ii)  service within that country, being service in respect of which the
person has been awarded, or has become eligible to be awarded, a campaign
medal; 
  (c)  if the person is an allied veteran who, during a period of hostilities,
has, as a member of the defence force established by an allied country,
rendered, in connection with a war, or war-like operations, in which the
Naval, Military or Air Forces of Australia were engaged, service in an area
within or outside the country in which the person enlisted in those forces,
being service in respect of which the person incurred danger from hostile
forces of the enemy; 
  (d)  if the person was, during a period of hostilities specified in
paragraph (a) or (b) of the definition of "period of hostilities" in
sub-section 35 (1), employed by the Commonwealth on a special mission outside
Australia, and, in the course of carrying out that mission, incurred danger
from hostile forces of the enemy;
  (e)  if the person is an eligible civilian within the meaning of sub-section
5 (6) who was, during a period of hostilities specified in paragraph (b) of
the definition of "period of hostilities" in sub-section 35 (1), detained by
the enemy;
  (f)  if the person is a person in respect of whom a pension is payable in
pursuance of sub-section 13 (6);
  (g)  if the person is an Australian mariner as defined by sub-section 35 (1)
who, in the course of-
      (i)  any service rendered by the person in employment of a kind
specified
in paragraph (a), (b), (c), (e) or (g) of that definition;
     (ii)  any service rendered by the person as a pilot referred to in
paragraph (d) of that definition; or
     (iii)  any service rendered by the veteran as a member or employee of
the
Commonwealth Salvage Board,
    was on a ship or in an area at a time when the person incurred danger
from
hostile forces of the enemy on the ship or in the area, as the case may be;
or

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  (h)  if the person is an allied mariner who, in the course of any service
rendered by the person in employment of a kind to which paragraphs (a) and (b)
of the definition of "allied mariner" in sub-section 35 (1) applies-
      (i)  was detained by the enemy; or
     (ii)  was in an area service in which would, if the person had been a
member of the Defence Force, have entitled the person to the award of a
campaign medal and incurred, while he or she was in that area, danger from
hostile forces of the enemy.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 37
Method of calculation of income

  37. (1) In calculating, for the purposes of this Part, the income of a
veteran, where a child is a dependant of the veteran, the income of the
veteran shall be reduced by-
  (a)  if the veteran is an unmarried person or a married person whose spouse
is not in receipt of a service pension, a wife's service pension, a carer's
service pension, or a pension under Part III, a benefit under Part IVAAA, an
allowance under Part VIIA or a rehabilitation allowance under Part VIII of the
Social Security Act 1947-$312 per year less the annual amount of any payment,
not being a payment under Part III of this Act, under the Social Security Act
1947 or under the Tuberculosis Act 1948, received by the veteran, or, if the
veteran is a married person, the spouse of the veteran, for or in respect of
the child; or
  (b)  if the veteran is a married person whose spouse is in receipt of a
pension, benefit or allowance referred to in paragraph (a)-$156 per year less
one-half of the annual amount of any payment, not being a payment under Part
III of this Act, under the Social Security Act 1947 or under the Tuberculosis
Act 1948, received by the veteran, or the spouse of the veteran, for or in
respect of the child.
  (2) Sub-section (1) shall not be taken into account in the calculation of
income for the purpose of sub-section 47 (10) or (11) or 48 (5) or (6).
  (3) In calculating, for the purposes of this Part, the income of the spouse
of a veteran, if, by virtue of paragraph (1) (b), the income of the veteran is
required to be reduced by an amount, the income of the spouse of the veteran
shall be reduced by an amount equal to that amount.
  (4) In calculating the income of a person for the purpose of the application
of sub-section 47 (4), (5), (10) or (11) or 48 (4), (5) or (6), the following
payments shall be disregarded:
  (a)  a payment of an instalment of pension under Part II or IV;
  (b)  a payment of an instalment of a pension under the Seamen's War Pensions
and Allowances Act 1940;
  (c)  a payment, other than a payment referred to in paragraph (a) or (b),
that is a payment in respect of incapacity or death resulting from employment
in connection with a war or war-like operations in which the Crown has been
engaged;
  (d)  a payment by way of an allowance, not being loss of earnings allowance,
under Part VI of this Act; and
  (e) a payment, by way of an allowance, under regulation 37 of the Seamen's
War Pensions and Allowances Regulations.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2
                   Division 2-Eligibility for service pension


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 38
Eligibility for service pension-age

  38. (1) Subject to this Act, a veteran who has rendered qualifying service
and has attained the age of-
  (a)  in the case of a male veteran-60 years; or
  (b)  in the case of a female veteran-55 years, is eligible to receive a
service pension under this Part.
  (2) Subject to sub-section (3), a person who is a veteran by reason only
that the person is a Commonwealth veteran, an allied veteran or an allied
mariner is not eligible to receive a service pension under this Part unless
the person has, at any time, been continuously resident in Australia for a
period of not less than 10 years.
  (3) Where-
  (a)  a veteran has had more than 1 period of residence in Australia;
  (b)  the longer or longest of those periods is less than 10 years but is not
less than 5 years; and
  (c)  the aggregate of those periods exceeds 10 years, in the application of
sub-section (2) to the veteran, the period specified in that sub-section shall
be deemed to be reduced by a period equal to the period by which that
aggregate exceeds 10 years.
  (4) A veteran who has ceased to reside in Australia after the veteran lodged
a claim for a service pension is not eligible to receive a service pension
under this Part unless, if the claim were granted, the earliest date as from
which the pension could be authorized to be paid were a date not later than
the date on which the veteran ceased to reside in Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 39
Eligibility for service pension-invalidity

  39. (1) Subject to this Act, a veteran who-
  (a)  has rendered qualifying service; and
  (b)  is, in the opinion of the Commission, permanently incapacitated for

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work, is eligible to receive a service pension under this Part.
  (2) Subject to sub-sections (3) and (4), a person who is a veteran by reason
only that the person is a Commonwealth veteran, an allied veteran or an allied
mariner is not eligible to receive a service pension under this Part unless
the person has, at any time, been continuously resident in Australia for a
period of not less than 10 years.
  (3) Where-
  (a)  a veteran has had more than 1 period of residence in Australia;
  (b)  the longer or longest of those periods is less than 10 years but is not
less than 5 years; and
  (c)  the aggregate of those periods exceeds 10 years, in the application of
sub-section (2) to the veteran, the period specified in that sub-section shall
be deemed to be reduced by a period equal to the period by which that
aggregate exceeds 10 years.
  (4) Where-
  (a)  a veteran became permanently incapacitated for work while in Australia
or during a temporary absence from Australia;
  (b)  the veteran's permanent incapacity for work was not brought about with
a view to obtaining a service pension or a pension under the Social Security
Act 1947; and
  (c)  the veteran does not have an enforceable claim against any person,
under any law or contract, for adequate compensation in respect of the
permanent incapacity, sub-section (2) does not apply to or in relation to the
veteran.
  (5) A veteran who has ceased to reside in Australia after the veteran lodged
a claim for a service pension is not eligible to receive a service pension
under this Part unless, if the claim were to be granted, the earliest date as
from which the pension could be authorized to be paid were a date not later
than the date on which the veteran ceased to reside in Australia.
  (6) For the purposes of this section, a person shall be deemed to be
permanently incapacitated for work-
  (a)  if the degree of permanent incapacity for work is not less than 85%;
or
  (b)  if the person is permanently blinded in both eyes.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 40
Eligibility for wife's service pension

  40. (1) Subject to this Part-
  (a)  the wife of a veteran is eligible to receive a wife's service pension
under this Part if the veteran is in receipt of a service pension; or
  (b)  the widow of a deceased veteran is eligible to receive a wife's service
pension under this Part-
      (i)  if the veteran was, immediately before his death, in receipt of a
service pension; or
     (ii)  if the veteran had made a claim for a service pension before the
veteran died and the Commission determines that a service pension would have
been granted  to the veteran if the veteran had not died.
  (2) Where a veteran who makes a claim for a service pension at a time when
the veteran is in receipt of an age pension or invalid pension under the
Social Security Act 1947 dies before the claim is determined, the Commission
shall, in determining, for the purposes of sub-paragraph (1) (b) (ii), whether
or not a service pension would have been granted to the veteran if the veteran
had not died, disregard the fact that the veteran was in receipt of that age
pension or invalid pension.
  (3) The wife of a veteran, or widow of a deceased veteran, who has ceased to
reside in Australia after the wife, or widow, lodged a claim for a wife's
service pension is not eligible to receive a wife's service pension unless, if
the claim were granted, the earliest date as from which the pension could be
authorized to be paid were a date not later than the date on which the wife,
or widow, ceased to reside in Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 41
Eligibility for carer's service pension

  41. (1) Subject to this Part, where a relative of a severely handicapped
veteran who is in receipt of a service pension under this Part, personally
provides constant care and attention for the veteran in a home of the relative
and the veteran, the relative is eligible to receive a carer's service pension
under this Part.
  (2) Where a relative of a severely handicapped veteran who is providing
constant care and attention for the veteran temporarily ceases to provide that
care and attention-
  (a)  for a period of not more than 4 weeks in any period of 12 months; or
  (b)  for such other period as the Commission, for any special reason in any
particular case, approves in writing, the relative shall not be taken to cease
to be eligible to receive a carer's service pension by reason only of that
cessation.
  (3) In this section-
  "relative", in relation to a veteran, means-
     (a)  the spouse of the veteran;
     (b)  a grandparent, parent, step-parent, parent-in-law, brother, sister,
half-brother, half-sister, step-brother, step-sister, child, adopted child,
step-child, son-in-law, daughter-in-law or grandchild of the veteran;

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     (c)  a person who has been a guardian of the veteran or a person to whom
the veteran is guardian; or
     (d)  any other person who the Commission determines in writing should,
in
the special circumstances of the case, be treated as a relative of the veteran
for the purposes of this section;
  "severely handicapped veteran" means a veteran who-
     (a)  has a physical or mental disability;
     (b)  by reason of that disability, needs constant care and attention;
and
     (c)  is likely to need constant care and attention permanently or for an
extended period.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 42
Restrictions on dual pensions

  42. (1) Notwithstanding anything contained in this Part-
  (a)  a person is not entitled to receive more than one service pension at
the same time;
  (b)  a person is not entitled to receive, at the same time, a service
pension and-
      (i)  a pension under Part III or IV;
     (ii)  a benefit under Part IVAAA or VII;
     (iii)  an allowance under Part VIIA; or
     (iv)  a rehabilitation allowance under Part VIII,
    of the Social Security Act 1947;
  (c)  a person is not entitled to receive, at the same time, a service
pension and an allowance under section 9 of the Tuberculosis Act 1948; and
  (d)  a widow of a deceased veteran who is in receipt of a prescribed pension
in respect of the death of the veteran is not entitled to receive, at the same
time, a wife's service pension as the widow of that deceased veteran or as the
wife of another veteran.
  (2) In sub-section (1)-
  "prescribed pension" means-
     (a)  a pension payable under Part II or IV;
     (b)  a pension payable under the Seamen's War Pensions and Allowances
Act
1940, other than an attendant's allowance under section 21 of that Act;
     (c)  pension, or compensation of a periodical nature, payable under
section 13 of the Defence (Transitional Provisions) Act 1946, other than an
attendant's allowance payable under that section,
    and includes a pension that is payable under the law of a foreign country
and is, in the opinion of the Commission, similar in character to a pension of
a kind referred to in paragraph (a), (b) or (c).
  "service pension" includes wife's service pension and carer's service
pension.
  (3) Sub-section (4) applies to a person in respect of a period that is a
pension period in relation to the person if-
  (a)  the person is entitled to receive, during that pension period-
      (i)  a payment of a service pension; and
     (ii)  a payment under the scheme known as the New Enterprise Incentive
Scheme; and
  (b)  in a case where the person is a married person-the spouse of the person
is not entitled to receive, during that pension period-
      (i)  if the person is a man-a wife's service pension, or a carer's
service pension by reason of being the wife of the man; or
      (ii)  if the person is a woman-a carer's service pension by reason of
being the husband of the woman.
  (4) Where this sub-section applies to a person in respect of a period that
is a pension period in relation to the person, then-
  (a)  in a case where the amount that, but for this sub-section, would be the
amount of the payment (in this sub-section referred to as the "pension
payment") referred to in sub-paragraph (3) (a) (i) that the person is entitled
to receive during that period is higher than the amount of the payment (in
this sub-section referred to as the "scheme payment") referred to in
sub-paragraph (3) (a) (ii) that the person is entitled to receive during that
period-the amount of the pension payment shall be reduced by deducting the
amount of the scheme payment; or
  (b)  in any other case-the pension payment shall be reduced to nil.
  (5) Sub-sections (6) and (7) apply to a married person (in this sub-section
and in sub-sections (6) and (7) referred to as the "relevant person") and to
the spouse of the relevant person, in relation to a period that is a pension
period in relation to the relevant person if-
  (a)  the relevant person is entitled to receive, during that pension
period-
      (i)  a payment of a service pension, of a wife's service pension or of
a
carer's service pension in respect of his or her spouse; and
     (ii)  a payment under the scheme known as the New Enterprise Incentive
Scheme; and
  (b)  the spouse of the relevant person is entitled to receive, during that
pension period, a payment of such a pension.

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  (6) Where this sub-section applies to a relevant person in respect of a
period that is a pension period in relation to that person, then-
  (a)  in a case where the amount that, but for this sub-section, would be the
amount of the payment (in this sub-section referred to as the "pension
payment") referred to in sub-paragraph (5) (a) (i) that the relevant person is
entitled to receive during that period is higher than the amount that is
one-half the amount of the payment (in this sub-section referred to as the
"scheme payment") referred to in sub-paragraph (5) (a) (ii) that the relevant
person is entitled to receive during that period-the amount of the pension
payment shall be reduced by deducting the amount that is one-half of the
amount of the scheme payment; or
  (b)  in any other case-the pension payment shall be reduced to nil.
  (7)  Where this sub-section applies to the spouse of a relevant person in
respect of a period that is a pension period in relation to a relevant person,
then-
  (a)  in a case where the amount that, but for this sub-section, would be the
amount of the payment (in this sub-section referred to as the "pension
payment") referred to in paragraph (5) (b) that the spouse is entitled to
receive during that period is higher than the amount that is one-half of the
amount of the payment (in this sub-section referred to as the "scheme
payment") referred to in sub-paragraph (5) (a) (ii) that the relevant person
is entitled to receive during that period-the amount of the pension payment
shall be reduced by deducting the amount that is one-half of the amount of the
scheme payment; or
  (b)  in any other case-the pension payment shall be reduced to nil.
  (8) In sub-sections (3), (4), (5), (6) and (7), "pension period", in
relation to a person, means a period of 2 weeks commencing on the day
immediately following a day on which the person receives a payment of a
service pension, a wife's service pension or a carer's service pension, as
the case requires.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3
                     Division 3-Claims for service pensions


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 43
Claim for service pension, &c.

  43. (1) A claim for a service pension, for a wife's service pension or for a
carer's service pension-
  (a)  shall be in writing and in accordance with a form approved by the
Commission;
  (b)  shall be accompanied by such evidence available to the claimant as the
claimant considers may be relevant to the claim;
  (c)  shall be made by forwarding to, or delivering at, an office of the
Department in Australia the application and any evidence referred to in
paragraph (b).
  (2) A claim for a service pension for a veteran, a wife's service pension
for the wife or widow of a veteran or a carer's service pension for the
relative of a veteran may be made-
  (a)  by the prescribed person referred to in sub-section (3);
  (b)  with the approval of that prescribed person, by another person on
behalf of that prescribed person; or
  (c)  in a case where that prescribed person is unable, by reason of physical
or mental incapacity, to approve another person to make the claim on his or
her behalf-by another person, being a person approved by the Commission, on
behalf of that prescribed person.
  (3) For the purpose of sub-section (2)-
  (a)  if the claim is for a service pension for a veteran, the veteran is the
prescribed person;
  (b)  if the claim is for a wife's service pension for the wife or widow of a
veteran, the wife or widow is the prescribed person; or
  (c)  if the claim is for a carer's service pension for a relative of a
veteran, the relative is the prescribed person.
  (4) Subject to sub-section 63 (4), a veteran is not eligible to lodge a
claim for a service pension unless the veteran is residing in, and is
physically present in, Australia.
  (5) Subject to sub-section 63 (4)-
  (a)  the wife or widow of a veteran is not eligible to lodge a claim for a
wife's service pension unless she is residing in, and is physically present
in, Australia; and
  (b)  the relative of a veteran is not eligible to lodge a claim for a
carer's service pension unless the relative is residing in, and is physically
present in, Australia.
  (6) A veteran may, instead of making a claim for a service pension, make a
claim for a decision that the veteran has rendered qualifying service and, if
a veteran does so-
  (a)  the claim shall be made, dealt with and determined under this Act in
like manner as a claim for a service pension is required to be made, dealt
with and determined;
  (b)  a decision that the veteran has not rendered qualifying service is
subject to review as if it were such a decision given in the course of
determining a claim for a service pension; and
  (c)  a decision of the Commission, the Board or the Administrative Appeals

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Tribunal that the veteran has rendered qualifying service is, for all purposes
of this Act, evidence that the veteran had rendered qualifying service.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 44
Investigation of claim

  44. (1) Where a claim for service pension is made in accordance with section
43, the Secretary shall cause an investigation to be made into the matters to
which the claim relates.
  (2) The Secretary shall, upon completion of the investigation in respect of
a claim, cause the claim to be submitted to the Commission for its
consideration and determination.
  (3) A claim submitted to the Commission under sub-section (2) shall be
accompanied by-
  (a)  any evidence furnished by the claimant in support of the claim; and
  (b)  any documents relevant to the claim under the control of the
Department, including any evidence or documents relevant to the claim obtained
in the course of the investigation of the claim under sub-section (1).
  (4) In this section, "service pension" includes wife's service pension and
carer's service pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 45
Duties of Commission in relation to service pensions

  45. It is the duty of the Commission in considering a claim for a service
pension, a wife's service pension or a carer's service pension submitted to
it, to satisfy itself with respect to, or to determine, as the case requires,
all matters relevant to the determination of the claim.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 46
Determination of claim for service pension

  46. (1) Where a claim for a service pension is submitted to the Commission
in accordance with sub-section 44 (2), the Commission shall consider the claim
and, after consideration of all matters that, in the opinion of the
Commission, are relevant, including, but without limiting the generality of
the foregoing, the evidence and documents submitted with the claim in
accordance with sub-section 44 (3) and any further evidence subsequently
submitted to the Commission in relation to the claim, shall determine the
claim.
  (2) Where a service pension is granted to a person under this Part, the
Commission may, subject to this Act, approve payment of the pension from and
including a date not earlier than the date on which the claim for service
pension, in accordance with the form approved for the purposes of paragraph 43
(1) (a) was received at an office of the Department in Australia.
  (3) Where-
  (a)  a person makes a claim for a service pension in writing, but otherwise
than in accordance with the form approved for the purposes of paragraph 43 (1)
(a);
  (b)  the person subsequently makes a claim for a service pension in
accordance with the form so approved-
      (i)  at a time when the person had not been notified by the Department
in
writing that it would be necessary to make the claim in accordance with the
form so approved; or
     (ii)  within 3 months after the person had been so notified; and
  (c)  a service pension is granted to the person under this Part upon
consideration of that claim in accordance with the form so approved, the
Commission may, subject to this Act, approve payment of the service pension
from and including a date not earlier than the date on which the claim
referred to in paragraph (a) was received at an office of the Department in
Australia.
  (4) In this section, "service pension" includes wife's service pension and
carer's service pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4
                      Division 4-Rates of service pensions


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 47
Rate of veteran's service pension

  47. (1) The rate of a service pension granted to a veteran is-
  (a)  in the case of an unmarried veteran or a married veteran whose spouse
is not in receipt of-
      (i)  a pension under this Part;
     (ii)  a pension under Part III, a benefit under Part VII, an allowance
under Part VIIA or a rehabilitation allowance under Part VIII of the Social
Security Act 1947; or
     (iii)  an allowance under section 9 of the Tuberculosis Act 1948,
    $5,090.80 per year; or
  (b)  in any other case-$4,245.80 per year, increased or reduced to the
extent (if any) provided by sub-sections (3), (4), (5), (6), (7), (8), (9),
(10) and (11).
  (2) Where the Commission is satisfied that-
  (a)  the living expenses of a married veteran and the spouse of the veteran
are, or are likely to be, greater than they would otherwise be by reason that
those persons are unable, as a result of the illness or infirmity of either or
both of them, to live together in a matrimonial home; and
  (b)  the inability is likely to continue indefinitely, the Commission may

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direct that sub-section (1) is to apply to the veteran as if the veteran were
an unmarried veteran.
  (3) Where a child is a dependant of a veteran, or children are dependants of
a veteran, the rate of service pension applicable to the veteran under
sub-section (1) shall, subject to sub-section (4), be increased-
  (a)  in the case of an unmarried veteran or a married veteran in relation to
whom a direction under sub-section (2) is in force-by an amount per year equal
to the sum of $520 per year and-
      (i)  $832 per year in respect of each child who is a dependant of the
veteran and is not a prescribed student child of the veteran; and
     (ii)  $728 per year in respect of each child who is a dependant of the
veteran and is a prescribed student child of the veteran; or
  (b)  in any other case by-
      (i)  $832 per year in respect of each child who is a dependant of the
veteran and is not a prescribed student child of the veteran; and
     (ii)  $728 per year in respect of each child who is a dependant of the
veteran and is a prescribed student child of the veteran.
  (4) Where the rate of service pension applicable to a married veteran whose
spouse is in receipt of a wife's service pension or a carer's service pension,
a pension under Part III of the Social Security Act 1947, a benefit under Part
IVAAA, an allowance under Part VIIA or an allowance under Part VIII of that
Act (being, in the case of an allowance under Part VIII of that Act, an
allowance the annual rate of which is determined by reference to Part III of
that Act) is, subject to this sub-section, to be increased by sub-section
(3)-
  (a)  the amount per year of the increase is reduced by-
      (i) the amount (if any) per year by which the rate of income of the
veteran exceeds $1,300 per year; or
     (ii) an amount per year equal to 52 times the pension reduction amount
(if
any) applicable to the veteran divided by 250,
    whichever is the greater or, if the amounts per year of the reductions
calculated under sub-paragraphs (i) and (ii) are the same, by the amount
calculated under sub-paragraph (i);
  (b)  if the amount per year of the increase is reduced by an amount
calculated under sub-paragraph (a) (i)-
      (i) the annual rate of the income of the veteran and the annual rate of
the income of the veteran's spouse shall each be deemed, for the purposes of
sub-section (5) of this section and sub-section 48 (4), to be reduced by the
amount per year of that reduction; and
     (ii) no amount per annum is applicable in relation to the veteran under
paragraph (5) (b) of this section or in relation to the spouse of the veteran
under paragraph 48 (4) (b); and
  (c)  if the amount per year of the increase is so reduced by an amount
calculated under sub-paragraph (a) (ii)-
      (i) the value of the property of the veteran and the veteran's spouse
shall each be deemed, for the purposes of sub-section (5) of this section and
sub-section 48 (4), to be reduced by an amount equal to 250 times the amount
of that reduction divided by 52; and
     (ii) no amount per year is applicable in relation to the veteran under
paragraph (5) (a) of this section or in relation to the spouse of the veteran
under paragraph 48 (4) (a).
  (5) The annual rate that would, but for this sub-section, be the annual rate
of service pension applicable to a veteran (not being a veteran who is
permanently blinded in both eyes) by virtue of the preceding provisions of
this section shall be reduced by-
  (a)  one-half of the amount (if any) per year by which the annual rate of
income of the veteran exceeds-
      (i) in the case of an unmarried veteran-$1,560 per year; or
     (ii) in the case of a married veteran-$1,300 per year; or
  (b)  an amount per annum equal to 26 times the pension reduction amount (if
any) applicable to the veteran divided by 250, whichever is the greater or, if
the amounts per year of the reductions calculated under paragraphs (a) and (b)
are the same, by the amount calculated under paragraph (a).
  (6) In the case of a veteran who is permanently blinded in both eyes-
  (a)  the rate of service pension shall not be increased by virtue of
sub-section (3) unless the veteran would be eligible to receive a service
pension under section 39 if-
      (i) the veteran were not permanently blinded in both eyes; and
     (ii) the veteran were permanently incapacitated for work; and
  (b)  if the veteran would be so eligible to receive a service pension under
section 39, the amount of any increase under sub-section (3) of this section
shall not exceed the maximum amount that could be included in that pension by
virtue of that sub-section.
  (7) Subject to sub-section (8), where a child is a dependant of a veteran
who is permanently blinded in both eyes-
  (a)  if, by reason of the operation of sub-section (6), the rate of the
service pension applicable to the veteran is not increased by virtue of
sub-section (3), the service pension applicable to the veteran shall be
increased by $832 per year; or

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  (b)  if, by reason of the operation of sub-section (6), the amount per year
of the increase in the rate of service pension applicable to the veteran that
is effected by sub-section (3) is less than $832-the rate of that service
pension shall be increased by the amount per year by which the amount per year
of that increase is less than $832 per year.
  (8) Sub-section (7) applies to a veteran who-
  (a)  has at least one child who is a dependant of the veteran; and
  (b)  does not have a child who is a dependant of the veteran and is not a
prescribed student child, as if references in that sub-section to $832 were
references to $728.
  (9) A married veteran whose spouse is not in receipt of a pension, benefit
or allowance referred to in paragraph (1) (a) shall not be paid a service
pension at a rate exceeding twice the rate at which service pension would be
payable to the veteran if the spouse of the veteran were in receipt of a
pension referred to in that paragraph.
  (10) Where a veteran-
  (a)  has attained the age of 70 years;
  (b)  is in receipt of, or is qualified to receive, a service pension; and
  (c)  is-
      (i) an unmarried veteran or a married veteran whose spouse is not in
receipt of a pension, benefit or allowance referred to in paragraph (1) (a);
or
     (ii) a veteran in relation to whom a direction under sub-section (2) is
in
force, the annual rate at which service pension is granted to the veteran
shall not be less than-
  (d)  if the veteran is not a married veteran and has an annual rate of
income exceeding $10,400 per year-$2,675.40 per year reduced by one-half of
the amount per year by which the annual rate of income of the veteran exceeds
$10,400 per year;
  (e)  if the veteran is a married veteran and has an annual rate of income
exceeding $8,658 per year-$2,675.40 per year reduced by one-half of the amount
per year by which the annual rate of income of the veteran exceeds $8,658 per
year; or
  (f)  in any other case-$2,675.40 per year.
  (11) Where a veteran-
  (a)  has attained the age of 70 years;
  (b)  is in receipt of, or is qualified to receive, a service pension; and
  (c)  is not a veteran referred to in paragraph (10) (c), the annual rate at
which that pension is granted to the veteran shall not be less than-
  (d)  if the veteran has an annual rate of income exceeding $8,658 per
year-$2,230.80 per year reduced by one-half of the amount per year by which
the annual rate of income of the veteran exceeds $8,658 per year; or
  (e)  in any other case-$2,230.80 per year.
  (12) Sub-section (10) or (11)-
  (a)  does not apply in relation to a veteran if the annual rate of pension
that would be applicable to the veteran under that sub-section is greater than
the annual rate of pension applicable to the veteran apart from that
sub-section (being a rate that was reduced by virtue of paragraph (5) (b) )
and, where sub-section (10) or (11) does not, by virtue of this paragraph,
apply in relation to the veteran, paragraph (5) (a) does not apply in relation
to the veteran; and
  (b)  does not apply in relation to a veteran if-
      (i) the veteran would, if he or she had not attained the age of 70
years,
be eligible to receive remote area allowance under section 57; and
     (ii) the sum of the amount of the fortnightly instalment of service
pension that would be payable to the veteran if sub-section (5) were
applicable to the veteran and the amount per fortnight of remote area
allowance that would be payable to the veteran if the veteran were eligible to
receive that allowance is greater than the amount of a fortnightly instalment
of service pension payable to the veteran in accordance with sub-section (10)
or (11).
  (13) On and after 1 May 1986, paragraph (3) (a) shall be read as if "$520"
were omitted and "$624" were substituted.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 48
Rate of wife's service pension

  48. (1) Subject to this Part, the rate of a wife's service pension is the
annual rate specified in paragraph 47 (1) (b) increased or reduced to the
extent (if any) provided by sub-sections (3), (4), (5) and (6) of this
section.
  (2) Where a direction under sub-section 47 (2) is in force in respect of a
married veteran, the Commission may determine a rate of wife's service
pension, in respect of the wife of the veteran, not exceeding the annual rate
specified in paragraph 47 (1) (a).
  (3) Where-
  (a)  the annual rate of wife's service pension in respect of the wife of a
veteran is determined in accordance with sub-section (2), being a
determination made by reason of the illness or infirmity of the veteran; and
  (b)  the rate of service pension applicable to the veteran would, but for

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this sub-section, be increased by virtue of sub-section 47 (3), sub-sections
47 (3), (4), (6) and (7) do not apply for the purpose of calculating the
maximum rate of service pension applicable to the veteran, but the annual rate
of wife's service pension in respect of the wife shall be increased by the
amount per year by which the rate of pension applicable to the veteran would,
but for this sub-section, be so increased and sub-section 47 (4) applies to
the increase as if it were an increase in the rate of the veteran's service
pension.
  (4) The annual rate that would, but for this sub-section be the annual rate
of wife's service pension applicable to the wife of a veteran, or the widow of
a deceased veteran, by virtue of the preceding provisions of this section
shall be reduced by-
  (a)  one-half of the amount (if any) per year by which the annual rate of
income of the wife or widow exceeds $1,300 per year; or
  (b)  an amount per year equal to 26 times the pension reduction amount (if
any) applicable to the wife or widow divided by 250, whichever is the greater,
or, if the amount per year of the reduction calculated under paragraphs (a)
and (b) are the same, by the amount calculated under paragraph (a).
  (5) Where-
  (a)  the wife of a veteran, or the widow of a deceased veteran, has attained
the age of 70 years;
  (b)  the wife or widow is in receipt of, or is qualified to receive, a
wife's service pension; and
  (c)  in the case of the wife of a veteran, a direction under sub-section 47
(2) is not in force in respect of the veteran, the annual rate at which wife's
service pension is paid to the wife or widow shall not be less than-
  (d)  if the wife or widow has an annual rate of income exceeding $8,658 per
year-$2,230.80 per year reduced by one-half of the amount per year by which
the annual rate of her income exceeds $8,658 per year; or
  (e)  in any other case-$2,230.80 per year.
  (6) Where-
  (a)  the wife of a veteran has attained the age of 70 years;
  (b)  the wife is in receipt of, or is eligible to receive, a wife's service
pension; and
  (c)  a direction under sub-section 47 (2) is in force in respect of the
veteran, the annual rate at which a wife's service pension is payable to the
wife shall not be less than-
  (d)  if the wife has an annual rate of income exceeding $8,658 per
year-$2,675.40 per year reduced by one-half of the amount per year by which
her annual rate of income exceeds $8,658 per year; or
  (e)  in any other case-$2,675.40 per year.
  (7) Sub-section (5) or (6)-
  (a)  does not apply to the wife of a veteran or the widow of a deceased
veteran if the annual rate of wife's service pension that would be applicable
to the wife or widow under that sub-section is greater than the annual rate of
wife's service pension applicable to the wife or widow apart from that
sub-section (being a rate that was reduced by virtue of paragraph (4) (b))
and, where sub-section (5) or (6) does not, by virtue of this paragraph, apply
in relation to the wife or widow, paragraph (4) (a) does not apply in relation
to the wife or widow; and
  (b)  does not apply in relation to a wife of a veteran or a widow of a
deceased veteran if-
      (i)  the wife or widow would, if she had not attained the age of 70
years, be eligible to receive remote area allowance under section 57; and
     (ii)  the sum of the amount of the fortnightly instalment of wife's
service pension that would be payable to the wife or widow if sub-section (4)
were applicable to the wife or widow and the amount per fortnight of remote
area allowance that would be payable to the wife or widow if she were eligible
to receive that allowance is greater than the amount of a fortnightly
instalment of wife's service pension payable to the wife or widow in
accordance with sub-section (5) or (6).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 49
Rate of carer's service pension

  49. The rate of a carer's service pension payable to a person is a rate
equal to the rate of service pension that would be payable to the person under
this Part if the person were a veteran who-
  (a)  was qualified to receive a service pension; and
  (b)  was under the age of 70 years and was not permanently blind.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 50
Calculation of value of property

  50. (1) In calculating the value of the property of a person for the
purposes of this Part-
  (a)  there shall be disregarded-
      (i) if the person is an unmarried person-the value of any right or
interest of the person in relation to the principal home of the person (not
being a right or interest of the kind referred to in sub-paragraph (iv));
     (ii) if the person is a married person-the value of any right or
interest
of the person in relation to one residence that is the principal home of the
person, of the person's spouse or of both of them (not being a right or

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interest of the kind referred to in sub-paragraph (iv));
     (iii) the value of any life interest of the person (not being a life
interest in relation to the principal home of the person, of the person's
spouse or of both of them) or annuity (including a superannuation pension) of
the person, not being, unless the Commission otherwise determines in writing,
an annuity that is able to be disposed of or an annuity under which a
substantial part of the income is, or may be, deferred;
     (iv) if the residence that is the principal home of the person is a
private residence and the person has acquired for valuable consideration, or
has retained, a right to accommodation for life in, or a life interest in,
that residence-the value of that right or interest;
     (v) the value of any contingent or reversionary interest of the person
(not being an interest created by the person or by the person's spouse);
     (vi) the value of any property (not being a contingent or reversionary
interest) to which the person is entitled from the estate of a deceased person
but which has not been, and is not able to be, received;
    (vii) the value of any medal or other decoration awarded (whether to the
person or another person) for valour that is owned by the person otherwise
than for the purposes of investment or a hobby;
     (viii) the value of one cemetery plot acquired by the person and of
funeral expenses paid in advance by the person;
     (ix) if the person or the person's spouse, or a child who is dependent
on
the person or the person's spouse, is a disabled person-the value of any
personal property of the person that is designed for use by a disabled person
and any part of the value of the personal property of the person that is
attributable to modifications made to that property to enable it to be used by
a disabled person;
     (x) if the person is provided with a motor vehicle under the scheme
administered by the Commonwealth known as the Vehicle Assistance Scheme-the
value of that motor vehicle; and
     (xi) if the person has sold a residence that was the principal home of
the
person on terms and has purchased, also on terms, another residence that is
the principal home of the person-so much of the balance due to the person in
respect of the sale as will be applied by the person in respect of the
purchase of the other residence; and
  (b)  where a charge or encumbrance, not being a charge or encumbrance that
is a collateral security, exists on particular property of a person, not being
property the value of which is to be disregarded under paragraph (a), the
value of that property shall be reduced by the value of that charge or
encumbrance.
  (2) Where a charge or encumbrance exists on any property of a person the
value of which is to be disregarded under paragraph (1) (a) and the same
charge or encumbrance exists on other property of the person, the amount to be
deducted under paragraph (1) (b) in respect of that other property of the
person is the amount that bears to the value of the charge or encumbrance the
same proportion as the value of that other property bears to the value of all
the property of the person on which the charge or encumbrance exists.
  (3) A reference in this section to the principal home of a person shall be
read as including a reference to-
  (a)  in the case of a dwelling-house-the private land adjacent to the
dwelling-house to the extent that that private land, together with the area of
the ground floor of the dwelling-house, does not exceed 2 hectares; or
  (b)  in the case of a flat or home unit-a garage or storeroom that is used
primarily for private or domestic purposes in association with the flat or
home unit.
  (4) Where the area of private land adjacent to a dwelling-house exceeds
substantially the average area of private land adjacent to other
dwelling-houses in the same locality, so much only of the first-mentioned area
as the Commission determines in writing not to be in excess of the average
area shall be taken into account for the purposes of paragraph (3) (a).
  (5) A reference in sub-section (3) or (4) to private land, in relation to a
dwelling-house, shall be read as a reference to land used primarily for
private or domestic purposes in association with that dwelling-house.
  (6) For the purposes of this section, where the value of any property of a
person or, in the case of a married person, of the person and the person's
spouse, that consists of the contents of a principal home and of other
personal effects that are used primarily within the principal home, being
property that is used primarily for private or domestic purposes, does not
exceed $10,000, the value of that property shall be taken to be $10,000 unless
the person satisfies the Commission that the value of that property is less
than $10,000.
  (7) A reference in sub-paragraph (1) (a) (i), (ii) or (iv) to a right or
interest of a person in relation to a principal home shall be read as not
including a reference to a right or interest that, in the opinion of the
Commission, does not give reasonable security of tenure in relation to that
home.
  (8) A residence of a person shall be taken to continue to be the principal
home of a person during-

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  (a)  any period, not exceeding 12 months, during which the person is
temporarily absent from that residence; and
  (b)  any period, not exceeding 2 years, during which the person is-
      (i)  residing in a benevolent home or in premises at which
accommodation
is provided exclusively or principally for mentally ill persons;
     (ii)  residing in premises approved as an approved nursing home pursuant
to section 40AA of the National Health Act 1953; or
     (iii)  a nursing-home type patient, within the meaning of the Health
Insurance Act 1973, of a hospital.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 51
Pension loans scheme

  51. (1) In this section-
  "exempt property" means property to which paragraph 50 (1) (a) applies;
  "relevant interest rate" means such rate as is fixed from time to time by
the Minister for Social Security by notice published in the Gazette for the
purposes of sub-section 6AB (1) of the Social Security Act 1947;
  "relevant property", in relation to a person, means property of the person
(other than exempt property)-
     (a)  that cannot readily be sold or realized; or
     (b)  that-
         (i)  the person does not wish to sell or realize; and
        (ii)  is not property of a kind that the person could reasonably be
expected to sell or realize.
  (2) Where-
  (a)  a person is in receipt of, or is eligible to receive, a service
pension, a wife's service pension or a carer's service pension;
  (b)  the annual rate of that pension is determined under or by reference to
paragraph 47 (5) (b) or 48 (4) (b);
  (c)  the person is-
      (i)  a veteran who has, being a man, attained the age of 60 years or,
being a woman, attained the age of 55 years; or
     (ii)  the spouse of a veteran referred to in sub-paragraph (i);
  (d)  the property of the person or, if the person is a married person, of
the person and the person's spouse consists of or includes relevant property;
and
  (e)  the value of the relevant property of the person or, if the person is a
married person, of the person and the person's spouse is not less than 70 per
centum of the value of the property (other than exempt property) of the person
or of the person and the person's spouse, as the case may be, the person may,
by notice in writing, in a form approved by the Commission, forwarded to, or
delivered at, any office of the Department in Australia, request that, for the
purposes of determining the annual rate of the service pension, wife's service
pension or carer's service pension, as the case may be, payable to the person,
the value of the property of the person or of the person and the person's
spouse, as the case may be, be disregarded.
  (3) A request made by a person under sub-section (2) shall be signed by the
person and, if the person is a married person, by the person's spouse.
  (4) Subject to this section, where-
  (a)  a request is made by a person in accordance with sub-section (2);
  (b)  the value of the relevant property of the person or, if the person is a
married person, of the person and the person's spouse is not less than 70 per
centum of the value of the property (other than exempt property) of the person
or of the person and the person's spouse, as the case may be; and
  (c)  the Commission is satisfied that the amount of any debt that becomes
payable by the person to the Commonwealth under this section is readily
recoverable, the value of the property of the person or of the person and the
person's spouse, as the case may be, shall, on and after the day on which the
request is lodged, be disregarded for the purposes of this Act other than in
calculating the value of the person's property for the purposes of section 83.
  (5) Subject to sub-section (6), where sub-section (4) applies in relation to
a person-
  (a)  the amount (if any), together with interest on that amount at the
relevant interest rate, by which the sum of the amount of service pension,
wife's service pension or carer's service pension, as the case may be, paid to
the person from time to time and any amount payable by the person under
sub-section (9) exceeds the amount (if any) of service pension, wife's service
pension or carer's service pension, as the case may be, that would have been
paid to the person if sub-section (4) did not apply in relation to the person,
reduced by any amounts repaid to the Commonwealth, is a debt payable by the
person to the Commonwealth; and
  (b)  the property, within Australia, of the person and, if the person is a
married person and the person's spouse has signed a request under sub-section
(2), of the person's spouse is subject to a charge in favour of the
Commonwealth for the purposes of securing the repayment of the debt, but such
a charge is not applicable in relation to a bona fide purchaser for value who
purchases any of that property without notice of the charge.
  (6) An amount is not a debt payable by a person to the Commonwealth under
paragraph (5) (a) unless the value of the property (including exempt property)
of the person, or, if the person is a married person, of the person and the

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person's spouse, exceeds $100,000, and the amount of the debt shall not exceed
the amount by which the value of that property exceeds $100,000.
  (7) Where, by reason of the operation of paragraph (5) (b), a charge is
created on any property situated in a State or Territory, the Commission may
lodge with the appropriate officer of the State or Territory a notice of the
charge in a form approved by the Commission, and the person with whom that
notice is lodged may register the charge as if the notice were a bill of sale
or an instrument of charge or encumbrance duly executed under the laws in
force in that State or Territory.
  (8) Where sub-section (4) applies in relation to a person, the person and,
if the person is a married person, the person's spouse shall, if required to
do so by the Commission, execute any instrument relating to the registration
of a charge on the property of the person or the person's spouse.
  (9) Costs incurred by the Commonwealth that are associated with the
registration of a charge on property of a person or of the person's spouse or
with the registration of the discharge of such a charge are payable by the
person.
  (10) Subject to sub-sections (11), (12) and (13), where, by reason of the
operation of paragraph (5) (b), a charge exists on property of a person or on
property of a person and the person's spouse, the Commonwealth is not, unless
the Commission otherwise determines in writing, entitled to enforce the charge
or otherwise recover the debt secured by the charge until after the death of
the person.
  (11) Subject to sub-sections (12) and (13), where-
  (a)  by reason of the operation of paragraph (5) (b), a charge exists on the
property of a married person and of the person's spouse; and
  (b)  the person dies and the spouse-
      (i)  has the use of that property or part of that property; and
     (ii)  has, being a man, attained the age of 60 years or, being a woman,
attained the age of 55 years, the Commonwealth is not entitled to enforce the
charge against that property or that part of that property, as the case may
be, until after the death of the spouse.
  (12) Where-
  (a)  by reason of the operation of paragraph (5) (b), a charge is created on
property of a person; and
  (b)  any of the property on which the charge exists ceases to be property of
the person, then-
  (c)  in a case where the property referred to in paragraph (b) was sold or
otherwise disposed of by the person-the Commonwealth may recover from the
person out of the proceeds (if any) of the sale or disposal the whole or any
part of the debt secured by the charge; and
  (d)  in a case where the person who is the new owner of the property
referred to in paragraph (b) is not a bona fide purchaser for value without
notice of the charge-the Commonwealth may enforce the charge against that
property.
  (13) Where-
  (a)  by reason of the operation of paragraph (5) (b), a charge is created on
the property of a person or on the property of a person and the person's
spouse; 
  (b)  any of the relevant property of the person or the person's spouse
ceases to be property of the person or the person's spouse, as the case may
be, or the person or the person's spouse acquires property that is not
relevant property or exempt property or the person, being an unmarried person,
becomes a married person; and
  (c)  as a result of an event referred to in paragraph (b), the value of the
relevant property of the person or of the person and the person's spouse is
less than 70 per centum of the value of the property (other than exempt
property) of the person or of the person and the person's spouse, as the case
may be, sub-sections (4), (10) and (11) cease to apply in relation to the
person unless the Commission determines in writing that those sub-sections
continue to apply in relation to the person.
  (14) Where, in accordance with this section, a charge may be enforced
against property of a person, the charge may be enforced against that
property, or any part of that property, in such a manner as the Commission
determines in writing.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 52
Disposal of property or income

  52. (1) Subject to sub-sections (3), (6) and (7), where, on or after 1 June
1984, a married person has, during a pension year of the person or of the
person's spouse, disposed of property of the person, 50 per centum of the
amount (if any) by which the sum of the amount of that disposition of property
and the amount of any other disposition of property by the person or by the
persons's spouse that took place during that pension year exceeds $4,000
shall, for the purposes of this Act, be included in the value of the property
of the person and 
  (2) Subject to sub-section (3), where, on or after 1 June 1984, an unmarried
person has, during a pension year of the person, disposed of property of the
person, the amount (if any) by which the sum of the amount of that disposition
of property and the amount of any other disposition of property by the person
that took place during that pension year exceeds $2,000 shall, for the

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purposes of this Act, be included in the value of the property of the person.
  (3) Where an amount (in this sub-section referred to as the "relevant
amount") is included in the value of the property of a person under
sub-section (1) or (2) by reason of a disposition of property that took place
during a pension year of the person, the amount to be included in that value
under that sub-section in subsequent pension years of the person shall, on
each anniversary of the day on which that disposition took place, be reduced
by an amount equal to 10 per centum of the relevant amount.
  (4) Subject to sub-sections (6) and (7), where, on or after 1 June 1984, a
married person has disposed of income of the person, one-half of the amount of
that disposition shall, for the purposes of this Act, be included in the
income of the person and in the income of the person's spouse.
  (5) Where, on or after 1 June 1984, an unmarried person has disposed of
income of the person, the amount of that disposition shall, for the purposes
of this Act, be included in the income of the person.
  (6) Where-
  (a)  an amount is included under sub-section (1) in the value of the
property, or under sub-section (4) in the income, of a married person and of
the person's spouse by reason of a disposition of property or of income by the
person; and
  (b)  the person and the person's spouse cease to be married persons in
relation to each other, any amount that was included in the value of the
property, or in the income, of the person's former spouse by reason of that
disposition shall be included in the value of the property, or in the income,
of the person.
  (7) Where-
  (a)  an amount is included under sub-section (1) in the value of the
property, or under sub-section (4) in the income, of a married person and of
the person's spouse by reason of a disposition of property or of income by the
person; and
  (b)  the person or the person's spouse dies, then-
  (c)  in the case of the death of the person-no amount shall be included in
the value of the property, or in the income, of the person's spouse by reason
of that disposition; or
  (d)  in the case of the death of the person's spouse-any amount that would,
if the person's spouse had not died, be included in the value of the property,
or in the income, of the person's spouse by reason of that disposition shall
be included in the value of the property, or in the income, of the person.
  (8) Where-
  (a)  a person has, on or after 1 June 1984, disposed of property of the
person;
  (b)  the course of conduct that constituted that disposition of property
also constituted a disposition of income and the income disposed of is
attributable, in whole or in part, to that property; and
  (c)  under sub-section (1) or (2), whichever is applicable to the person-
      (i) no amount is included in the value of the property of the person by
reason of that disposition of property; or
     (ii) the amount that is included in the value of the property of the
person by reason of that disposition of property is, in a case to which
sub-section (1) applies, less than one-half of the amount of that disposition
of property or, in a case to which sub-section (2) applies, less than the
amount of that disposition, then, for the purposes of sub-sections (4) and
(5)-
  (d)  in a case to which sub-paragraph (c) (i) of this sub-section applies-no
amount shall be included in the income of a person by reason of that
disposition of income; or
  (e)  in a case to which sub-paragraph (c) (ii) of this sub-section
applies-an amount to be included in the income of a person by reason of that
disposition of income shall by calculated disregarding so much of the amount
of that disposition of income as the Commission determines in writing to be
attributable to that part of the amount of that disposition of property that
is not included in the value of the property of a person under sub-section (1)
or (2).
  (9) This section does not apply to a disposition of property, or of income,
that took place-
  (a)  more than 5 years before the time when-
      (i) the person who disposed of that property or income; or
     (ii) if that person was, at the time when that disposition took place, a
married person-the person's spouse,
    became eligible to receive a service pension, a wife's service pension or
a
carer's service pension; or
  (b)  less than 5 years before the time referred to in paragraph (a) and
before the time when the Commission is satisfied that the person who disposed
of that property or income could reasonably have expected that the person or
the person's spouse would become eligible to receive such a pension.
  (10) For the purposes of this section, a person shall be taken to have
disposed of property of the person if the person engages in a course of
conduct (not being a course of conduct under which the person ceases
employment or to engage in a business or profession or reduces the extent to

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which the person is employed or the extent to which the person engages in a
business or profession) that diminishes, directly or indirectly, the value of
the property of the person where-
  (a)  the person receives no consideration, or inadequate consideration, in
money or money's worth; or
  (b)  the Commission is satisfied that the purpose, or the dominant purpose,
of the person in engaging in that course of conduct was-
      (i) to obtain a service pension, a wife's service pension or a carer's
service pension, to enable the person's spouse to obtain a service pension, a
wife's service pension or a carer's service pension or to obtain, or enable
the person's spouse to obtain, a pension under Part III or IV, a benefit under
Part IVAAA, an allowance under Part VIIA or a rehabilitation allowance under
Part VIII of the Social Security Act 1947;
     (ii) to obtain, or enable the person's spouse to obtain, such a pension,
benefit or allowance at a higher rate than that for which the person or the
person's spouse would otherwise have been eligible; or
     (iii) to ensure that the person or the person's spouse would become a
person other than a prescribed person for the purposes of section 82 or of
section 83CA of the Social Security Act 1947, and the amount of that
disposition of property shall be taken to be an amount equal to the amount of
the diminution in the value of the property of the person reduced by the
consideration (if any) received by the person in respect of that disposition.
  (11) For the purposes of this section, a person shall be taken to have
disposed of income of the person if the person engages in a course of conduct
(not being a course of conduct under which the person ceases employment or to
engage in a business or profession or reduces the extent to which the person
is employed or the extent to which the person engages in a business or
profession) that diminishes, directly or indirectly, the rate of income of the
person where- 
  (a)  the person receives no consideration, or inadequate consideration, in
money or money's worth; or
  (b)  the Commission is satisfied that the purpose, or the dominant purpose,
of the person in engaging in that course of conduct was-
      (i) to obtain a service pension, a wife's service pension or a carer's
service pension, to enable the person's spouse to obtain a service pension, a
wife's service pension or a carer's service pension or to obtain, or enable
the person's spouse to obtain, a pension under Part III or IV, a benefit under
Part IVAAA, an allowance under Part VIIA, or a rehabilitation allowance under
Part VIII of the Social Security Act 1947;
     (ii) to obtain, or enable the person's spouse to obtain, such a pension,
benefit or allowance at a higher rate than that for which the person or the
person's spouse would otherwise have been eligible; or
     (iii) to ensure that the person or the person's spouse would become a
person other than a prescribed person for the purposes of section 82 or of
section 83CA of the Social Security Act 1947, and the amount of that
disposition of income shall be taken to be the amount that, in the opinion of
the Commission, is the annual rate of that diminution reduced by such
percentage of the consideration (if any) received by the person in respect of
that disposition as the Commission determines in writing to be fair and
reasonable in all the circumstances of the case.
  (12) For the purposes of sub-sections (10) and (11), the value of a right or
interest of the kind referred to in sub-paragraph 50 (1) (a) (iv) of a person
shall be deemed not to be consideration received by the person.
  (13) A reference in this section to a pension year, in relation to a person
who is receiving a service pension, a spouse's service pension, a carer's
service pension or a pension under Part III or IV, a benefit under Part IVAAA,
an allowance under Part VIIA or a rehabilitation allowance under Part VIII of
the Social Security Act 1947 shall be read as a reference to-
  (a)  in a case where the person is a married person and the person and the
person's spouse were, immediately before they became married persons in
relation to each other, receiving such a pension, benefit or allowance-the
period of 12 months commencing on the day on which they so became married
persons;
  (b)  in a case (not being a case referred to in paragraph (a)) where the
person is a married person and the person's spouse is receiving such a
pension, benefit or allowance-the period of 12 months commencing on the day as
from which such a pension, benefit or allowance first became payable to the
person or to the person's spouse, whichever was the later; or
  (c)  in any other case-the period of 12 months commencing on the day on
which that pension, benefit or allowance first became payable to the person,
and to each succeeeding and each preceding period of 12 months.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 53
Financial hardship

  53. (1) Where-
  (a)  the annual rate of a service pension, a wife's service pension or a
carer's service pension payable to a person is calculated under or by
reference to paragraph 47 (5) (b) or 48 (4) (b);
  (b)  section 52 does not apply in relation to the person or the Commission
determines in writing that the application of section 52 in relation to the
person should, for the purposes of this section, be disregarded;

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  (c)  any of the property of the person or, if the person is a married
person, of the person and the person's spouse, is property that the person, or
the person or the person's spouse, as the case may be-
      (i) cannot sell or realize or could not reasonably be expected to sell
or
realize; and
     (ii) cannot use as security for borrowing or could not reasonably be
expected to use as security for borrowing; and
  (d)  the Commission is satisfied that the person would suffer severe
financial hardship if this section did not apply in relation to the person,
the Commission shall determine in writing that this section applies in
relation to the person.
  (2) Subject to sub-sections (3) and (4), where this section applies in
relation to a person, the annual rate of the service pension, wife's service
pension or carer's service pension payable to the person shall,
notwithstanding sections 47 and 48, be determined in the following manner:
  (a)  the value of any of the property of the person and, if the person is a
married person, of the person's spouse, that is property referred to in
paragraph (1) (c) shall be disregarded;
  (b)  there shall be deducted from the maximum annual rate of service
pension, wife's service pension or carer's service pension that would be
payable to the person apart from the operation of sub-section 47 (4) or (5) or
48 (4), as the case requires (in this section referred to as the "maximum
rate"), an amount per annum equal to the sum of-
      (i) the annual rate of income of the person (other than income from
property of the person or of the person's spouse that is not property referred
to in paragraph (1) (c) or property to which paragraph 50 (1) (a) applies);
and
     (ii) an amount per year equal to $26 for each $250 of the value of the
property of the person (other than property referred to in paragraph (1) (c)
or property to which paragraph 50 (1) (a) applies).
  (3) Where the Commission is of the opinion that the annual rate of service
pension, wife's service pension or carer's service pension applicable to a
person under sub-section (2) should, having regard to the annual rate of
income that could reasonably be expected to be derived from, or produced with
the use of, property of the person or the person's spouse that is property
referred to in paragraph (1) (c), be reduced, the Commission may direct that
the annual rate of service pension, wife's service pension or carer's service
pension payable to the person be reduced by such amount per year as the
Commission determines in writing.
  (4) Where the sum of the annual rate of service pension, wife's service
pension or carer's service pension that would, apart from this sub-section, be
payable to a person under this section and the annual rate of income of the
person exceeds the maximum rate applicable to the person, the annual rate of
the service pension, wife's service pension or carer's service pension so
payable shall be reduced by the amount per year of that excess.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 54
Pension reduction amounts

  54. A pension reduction amount is applicable to a person who is eligible to
receive a service pension, a wife's service pension or a carer's service
pension where the value of the property of the person exceeds by not less than
$250-
  (a)  in the case of an unmarried person to whom sub-paragraph 50 (1) (a) (i)
applies-$70,000;
  (b)  in the case of any other unmarried person-$120,000;
  (c)  in the case of a married person to whom sub-paragraph 50 (1) (a) (ii)
applies-$50,000; or
  (d)  in the case of any other married person-$75,000, and the amount of that
pension reduction amount is an amount equal to that excess (disregarding any
part of that excess that is not a multiple of $250).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 5
              Division 5-Rent assistance and remote area allowance


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 55
Rent assistance

  55. (1) This section applies to a service pensioner who pays, or is liable
to pay, rent at an annual rate exceeding $520, other than a service
pensioner-
  (a)  in respect of whom paragraph 47 (5) (b) or 48 (4) (b) is applicable in
determining the rate of service pension payable to the pensioner; or
  (b)  in relation to whom paragraph 47 (4) (c) applies.
  (2) In applying this section to and in relation to a service pensioner,
being a married person-
  (a)  any income of the spouse of the pensioner shall be deemed to be income
of the service pensioner;
  (b)  if the service pensioner and the spouse of the service pensioner are
living together in their matrimonial home-any rent that the spouse pays, or is
liable to pay, in respect of the matrimonial home shall be deemed to be paid,
or payable, by the service pensioner; and
  (c)  if a direction under sub-section 47 (2) is in force in respect of the
spouse of the service pensioner-any rent that the spouse of the service

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pensioner pays, or is liable to pay, in respect of the premises occupied by
the service pensioner as his or her home shall be deemed to be paid, or
payable, by the service pensioner.
  (3) Subject to this section and to section 56, there is payable to a service
pensioner to whom this section applies, in addition to service pension, wife's
service pension or carer's service pension, as the case may be, an allowance
by way of rent assistance.
  (4) Rent assistance is not payable to a service pensioner to whom this
section applies in respect of any period during which the service pensioner is
outside Australia.
  (5) Rent assistance is not payable to a service pensioner to whom this
section applies, being a service pensioner who is living with his or her
spouse in their matrimonial home, during any period during which the spouse is
in receipt of an incentive allowance under section 26 or 133JA of the Social
Security Act 1947.
  (6) Rent assistance is payable to a service pensioner to whom this section
applies from a date determined by the Commission, which may be a date before
the date of the determination.
  (7) Where a service pensioner to whom this section applies (being a service
pensioner in receipt of rent assistance) ceases to be a service pensioner, the
Commission shall cancel the rent assistance as on and from such date as the
Commission determines.
  (8) The date determined by the Commission under sub-section (7) may, in the
case of a service pensioner who has failed to comply with a requirement under
section 127, be a date earlier than the date of the determination but not
earlier than the first day after the expiration of the time within which the
requirement could have been complied with, and, if any amount of rent
assistance is received by the service pensioner in respect of a period after
the date so determined-
  (a)  the service pensioner is liable to refund that amount; and
  (b)  the Commission may sue for and recover that amount in a court of
competent jurisdiction as a debt due to the Commonwealth.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 56
Rate of rent assistance

  56. (1) Subject to sub-sections (2) and (3), the rate at which rent
assistance is payable to a service pensioner to whom section 55 applies is an
amount per year equal to-
  (a)  one-half of the amount by which the amount of the annual rent paid, or
payable, by the service pensioner exceeds $520; or
  (b)  $780, whichever is the lesser amount.
  (2) The annual rate at which rent assistance is payable to a service
pensioner under sub-section (1) shall be reduced by an amount equal to
one-half of the annual rate of income of the service pensioner.
  (3) Where-
  (a)  rent assistance is payable to a service pensioner who is a married
person living with his or her spouse in their matrimonial home; and
  (b)  there is payable to the spouse of the service pensioner-
      (i)  rent assistance;
     (ii)  an allowance under section 30A of the Social Security Act 1947;
     (iii)  an allowance by way of rent assistance under section 112A of the
Social Security Act 1947;
     (iv)  an allowance under section 9 of the Tuberculosis Act 1948; or
     (v)  a rehabilitation allowance under Part VIII of the Social Security
Act
1947, being an allowance the amount of which is calculated by reference to an
allowance under section 30A or 112A of that Act, the rate at which rent
assistance is payable to the service pensioner is one-half of the rate at
which it would be so payable but for this sub-section.
  (4) For the purposes of this section, the rent paid, or payable, by a
pensioner shall be calculated in the same manner as it is required by
paragraphs 55 (2) (b) and (c) to be calculated for the purposes of section 55.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 57
Remote area allowance

  57. (1) In this section, "remote area" means an area described in paragraph
1 or 2 of Part I of Schedule 2 to the Income Tax Assessment Act 1936.
  (2) Where a person, other than a person who is in receipt of a service
pension the rate of which has been assessed in accordance with sub-section 47
(10) or (11), or of a wife's service pension the rate of which has been
assessed in accordance with sub-section 48 (5) or (6)-
  (a)  is in receipt of a service pension, a wife's service pension or a
carer's service pension under this Part; and
  (b)  is physically present in, and has his or her usual place of residence
in, a remote area, the person is eligible to receive an allowance, called
remote area allowance, in accordance with this section.
  (3) For the purposes of this section, where a person whose usual place of
residence is situated in a remote area is absent from the area for a period,
the person shall be taken to be physically present in that remote area during
that period, or during the first 8 weeks of that period, whichever is the
shorter.
  (4) Sub-section (3) does not apply to a person in respect of any period

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during which the person is outside Australia.
  (5) Subject to sub-sections (6) and (7), the rate at which remote area
allowance is payable to a person is-
  (a)  if the person-
      (i) is an unmarried person; or
     (ii) is a married person whose spouse is not eligible to be granted
remote
area allowance under this section, an allowance under Part IIA of the Social
Security Act 1947 or an allowance under the Tuberculosis Act 1948, being an
allowance the rate of which is determined having regard to residence in the
remote area,
    $14 per fortnight; or
  (b)  in any other case-$12 per fortnight.
  (6) Where a direction under sub-section 47 (2) is in force in relation to a
veteran, the veteran and the spouse of the veteran shall each be taken to be
an unmarried person for the purpose of the application of sub-section (5) in
relation to the person.
  (7) The rate of remote area allowance applicable to a veteran shall be
increased by $7 per fortnight in respect of each child of the veteran (within
the meaning of sub-section 10 (1) or (2), whichever is applicable) in respect
of whom the rate of the veteran's service pension is increased by virtue of
sub-section 47 (3).
  (8) Where, but for this sub-section, an increase under sub-section (7) would
be payable to 2 veterans in respect of the same child, that increase is
payable to a veteran in respect of that child only if the Commission directs
that the increase be paid to that veteran.
  (9) An increase under sub-section (7) is not payable to a veteran in respect
of a child unless the child is physically present in Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 6
Division 6-Review of service pensions and decisions with respect to service


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 58
Cancellation, suspension or variation of service pension

  58. (1) Subject to sub-section (4), where the Commission is satisfied that-
  (a)  having regard to any matter that affects the payment of a service
pension; or
  (b)  by reason of the refusal or failure of any person to comply with a
provision of this Act, a service pension should be cancelled or suspended, or
the rate of a service pension is higher than it should be, the Commission may,
by determination in writing, cancel or suspend, or decrease the rate of, the
service pension with effect, subject to sub-section (2), from the date of the
determination or such later date as is specified in the determination.
  (2) Where a determination is made under sub-section (1)-
  (a)  by reason of the refusal or failure of a person to comply with a
provision of this Act, other than-
      (i)  sub-section 127 (4) in relation to a notice under paragraph 127
(1)
(f); or
     (ii)  sub-section 128 (4); or
  (b)  by reason that an amount has been paid by way of pension or allowance
that, but for the false statement or misrepresentation of any person, would
not have been paid, a date earlier than the date of the determination may be
specified in the determination as the date as from which the cancellation,
suspension or decrease, as the case may be, is to take effect.
  (3) Where the Commission is satisfied that, having regard to any matter that
affects the payment of a service pension, the rate of the service pension is
less than it should be, the Commission may, by determination in writing,
increase the rate of the service pension with effect from the date of the
determination or such earlier or later date as is specified in the
determination.
  (4)  Sub-section (1) does not apply in relation to-
  (a)  any matter that affects the payment of a service pension; or
  (b)  the refusal or failure of any person to comply with a provision of this
Act, if section 124 applies in relation to that matter, refusal or failure.
  (5) In this section, "service pension" includes wife's service pension,
carer's service pension, rent assistance and remote area allowance.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 59
Review of decision, &c.

  59. (1) Subject to sub-section (2)-
  (a)  a claimant who is dissatisfied with a decision of the Commission in
respect of a claim for a service pension; or
  (b)  a service pensioner who is dissatisfied with a decision of the
Commission cancelling or suspending a service pension, terminating the
suspension of a service pension, reducing or increasing the rate of a service
pension or refusing an application for an increase in the rate of a service
pension, may request the Commission, in writing, to review the decision, and,
where such a request is duly made, the Commission shall review the decision or
cause the decision to be reviewed by a person to whom the Commission has
delegated its powers under this section (not being the person who made the
decision).
  (2) A request under sub-section (1) to review a decision of the Commission

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shall set out particulars of the grounds on which the request is made and may
be made within 3 months after service on the person to whom the decision
relates of notice of the decision, but not otherwise.
  (3) Where the Commission reviews a decision under sub-section (1), the
Commission may affirm or set aside the decision and, if it sets aside the
decision, it shall, subject to sub-section (5), make such other decision as it
considers to be in accordance with this Act.
  (4) Where the Commission is satisfied that a person whose service pension
has been suspended is eligible to receive a service pension, the Commission
may, by determination in writing, terminate the suspension as from a date
specified in the determination, which may be a date earlier than the date of
the determination.
  (5) Where the Commission, on a review under sub-section (1), sets aside a
decision under sub-section 58 (1) to cancel or suspend, or reduce the rate of,
a pension, or a decision under sub-section 58 (3) to increase the rate of a
pension, the Commission need not substitute another decision for the decision
so set aside.
  (6) Where the Commission makes a decision, in substitution for the decision
set aside, granting a claim for service pension or increasing the rate at
which service pension is to be payable, it may approve payment of service
pension, or payment of service pension at the increased rate, as from a date
not earlier than the date as from which the Commission could have approved
payment of service pension, or service pension at the increased rate, if it
had made the substituted decision in place of the original decision.
  (7) Where the Commission, upon reviewing a decision under sub-section (1)-
  (a)  grants a claim for a service pension; or
  (b)  sets aside a decision to cancel or suspend a service pension, the
Commission may pay to the person who requested the review, an amount,
calculated in accordance with the scale approved by the Commission for the
purposes of sub-section 19 (10), in respect of the expenses (if any) incurred
by that person in providing for the production of certificates, reports or
other documents from a medical practitioner, or from a hospital or similar
institution in which he or she had received medical treatment, being
certificates, reports or documents reasonably used for the purposes of the
review.
  (8) In this section, "service pension" includes wife's service pension,
carer's service pension, rent assistance and remote area allowance.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 60
Powers of Commission on reviews under section 59

  60. (1) The Commission, or a person to whom the Commission has delegated its
powers under section 59, may-
  (a)  take evidence on oath or affirmation for the purposes of a review; or
  (b)  adjourn a hearing of a review from time to time.
  (2) Where the Commission is itself conducting a review, the presiding member
of the Commission may, for the purposes of the review-
  (a)  summon a person to appear at a hearing of the review to give evidence
and to produce such documents (if any) as are referred to in the summons;
  (b)  require a person appearing at a hearing of the review for the purpose
of giving evidence either to take an oath or to make an affirmation; and
  (c)  administer an oath or affirmation to a person so appearing.
  (3) Where a person to whom the Commission has delegated its powers under
section 59 is conducting a review, the person may, for the purposes of the
review-
  (a)  summon a person to appear at a hearing of the review to give evidence
and to produce such documents (if any) as are referred to in the summons;
  (b)  require a person appearing at a hearing of the review for the purpose
of giving evidence either to take an oath or to make an affirmation; and
  (c)  administer an oath or affirmation to a person so appearing.
  (4) The applicant for a review by the Commission under section 59 is a
competent and compellable witness upon the hearing of the review.
  (5) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the evidence that the person
will give will be true.
  (6) The power conferred by paragraph (1) (a) on the Commission to take
evidence on oath or affirmation for the purposes of a review may be exercised
on behalf of the Commission by the presiding member in relation to the review
or by another person (whether a member or not) authorized by the presiding
member, and that power may be so exercised within or outside Australia, but
the Commission may direct that the power is to be so exercised subject to
limitations specified by the Commission.
  (7) Where a person other than the presiding member in relation to a review
is authorized, in accordance with sub-section (6), to take evidence for the
purposes of the review, the first-mentioned person has, for the purposes of
taking that evidence, all the powers of the Commission under sub-section (1)
and all the powers of the presiding member under sub-section (2).
  (8) The power conferred by paragraph (1) (a) on a person to whom the
Commission has delegated its powers under section 59 to take evidence on oath
or affirmation for the purposes of a review may be exercised by that person or
by another person authorized by that person and that power may be so exercised
within or outside Australia, but the Commission may direct that the power is

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to be so exercised subject to limitations specified by the Commission.
  (9) Where a person is authorized, in accordance with sub-section (8), to
take evidence for the purposes of a review, the person has, for the purposes
of taking the evidence, all the powers conferred, by sub-sections (1) and (2),
on the person to whom the Commission has delegated its powers under section
59.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 7
                            Division 7-Miscellaneous


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 61
Withdrawal of claim for service pension, &c.

  61. (1) A claimant for service pension may, at any time before the claim is
determined by the Commission, by notice in writing forwarded to the Secretary
at an office of the Department in Australia, withdraw the claim.
  (2) The withdrawal of a claim for service pension does not prevent the
claimant from subsequently making another claim for a service pension.
  (3) A claimant or service pensioner who has made a request under section 59
may, at any time before the request is determined, by notice in writing
forwarded to the Secretary at an office of the Department in Australia,
withdraw the request.
  (4) Subject to sub-section 59 (2), the withdrawal of a request under that
section does not prevent the claimant or service pensioner, as the case may
be, from subsequently making another request in respect of the same decision.
  (5) In this section, "service pension" includes wife's service pension and
carer's service pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 62
Reasons for decision to be given

  62. (1) Where the Commission makes a decision upon a review of a decision
under section 59, the Commission shall make a written record of its decision
together with a statement, in writing, setting out its findings on material
questions of fact, referring to the evidence or other material on which those
findings are based and giving its reasons for the decision.
  (2) As soon as practicable after the Commission makes a decision referred to
in sub-section (1), the Commission shall, subject to sub-section (3), cause to
be served on the claimant or other person to whom the decision relates, a copy
of its decision and of the statement relating to its decision made by it in
accordance with sub-section (1), together with particulars of any right of the
person on whom it is served to have the decision reviewed by the
Administrative Appeals Tribunal.
  (3) Where the statement prepared by the Commission in pursuance of
sub-section (1) upon the making of a decision referred to in that sub-section
contains or refers to any information, opinion or other matter-
  (a)  that, in the opinion of the Commission, is of a confidential nature;
or
  (b)  that, in the opinion of the Commission, it might be prejudicial to the
physical or mental health or well-being of the person on whom a copy of the
statement is required to be served to communicate to the person, the document
served on the person in pursuance of sub-section (2) shall not contain or
refer to that information, opinion or other matter.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 63
Right to be paid service pension outside Australia

  63. (1) Except as provided by this section, the right of a person to
commence, or to continue, to be paid a service pension granted to the person
is not affected by the fact that the person leaves Australia.
  (2) Subject to sub-section (3), where-
  (a)  a person who formerly resided in Australia has returned to Australia
and, before the expiration of the period of 12 months that commenced on the
date of the person's return, has made a claim for a service pension;
  (b)  the person leaves Australia (whether before or after the claim is
determined) before the expiration of that period; and
  (c)  a service pension is granted to the person as a result of that claim,
the service pension so granted is not payable in respect of any period during
which the person is outside Australia.
  (3) Where the Commission considers that the reasons of a person (being a
person in relation to whom sub-section (2) would, but for this sub-section,
apply) for leaving, or wishing to leave, Australia before the expiration of
the period referred to in paragraph (2) (a) arose from circumstances that
could not reasonably have been forseen at the time of the person's return to
Australia, the Commission may, by instrument in writing, determine that
sub-section (2) does not apply in relation to that service pension.
  (4) Where-
  (a)  a person who is physically outside Australia is in receipt of-
      (i) a service pension;
     (ii) a pension under Part III or IV of the Social Security Act 1947; or
     (iii) a benefit under Part IVAAA of that Act; and
  (b)  the person would, if that pension or benefit were cancelled, be
eligible, if the person were residing in Australia, for the grant of a service
pension under this Part,
then, on the cancellation of the pension or benefit that the person is
receiving, the person may be granted and paid a service pension (excluding any
rent assistance for which the person is eligible) as if the person were

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residing in, and were physically present in, Australia notwithstanding the
provisions of section 43 or sub-section 38 (4), 39 (5) or 40 (3).
  (5) A service pension payable to a person who is physically outside
Australia may be paid in such manner and in such instalments as the Commission
determines.
  (6) In this section, "service pension" includes wife's service pension and
carer's service pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 64
Persons resident in Papua New Guinea

  64. (1) This section applies in relation to a service pensioner who is
residing in Papua New Guinea and is, by virtue of sub-section 5 (5) or 35 (5),
to be deemed to be resident in Australia.
  (2) Where a service pensioner in relation to whom this section applies
leaves the country where the pensioner is residing, except to go to Australia,
without first having forwarded to, or delivered at, an office of the
Department in Australia notice of his or her intention so to leave the
country, the Commission may cancel the service pension, wife's service pension
or carer's service pension, as the case may be, granted to that service
pensioner.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 65
Special temporary allowance

  65. (1) In this section-
  "pension" means-
     (a)  a service pension, a wife's service pension, a carer's service
pension, rent assistance or a remote area allowance;
     (b)  a pension under Part III or a benefit under Part IVAAA of the
Social
Security Act 1947;
     (c)  an allowance under Part VIIA or a rehabilitation allowance under
Part
VIII of that Act; or
     (d)  an allowance under section 9 of the Tuberculosis Act 1948,
    and includes rent assistance under section 30A, an allowance under
section
133JA and a remote area allowance under Part IIA of the Social Security Act
1947;
  "pensioner" means a person in receipt of-
     (a)  a service pension, a wife's service pension or a carer's service
pension;
     (b)  a pension under Part III of the Social Security Act 1947; or
     (c)  if the person is a person referred to in paragraph (b) of the
definition of "married person" in sub-section 83AAA (1) of that Act-a benefit
under Part IVAAA  of that Act,
    and includes a person who would, but for paragraph 42 (1) (c) of this Act
or of section 133N, sub-section 135B (3) or 135TJ (1A) of the Social Security
Act 1947, be eligible to receive a pension or benefit referred to in paragraph
(a), (b) or (c);
  "service pensioner" means a person in receipt of a service pension, a wife's
service pension or a carer's service pension.
  (2) Where-
  (a)  the spouse of a service pensioner dies; and
  (b)  the spouse was, immediately before his or her death, a pensioner,
this section applies to the service pensioner during the period of 12 weeks
commencing on the day after the date of death of the spouse.
  (3) Subject to this section, during any period during which this section
applies to a service pensioner-
  (a)  the amount (if any) per fortnight of service pension, wife's service
pension or carer's service pension that would have been payable to the service
pensioner if his or her spouse had not died continues to be payable to the
service pensioner; and
  (b)  a special temporary allowance of an amount equal to the amount (if any)
per fortnight of pension that would have been payable to the spouse of the
service pensioner if the spouse had not died is payable to the service
pensioner.
  (4) For the purposes of sub-section (3), the amount of pension that would
have been payable to a person shall be calculated as if the person and his or
her spouse were living together.
  (5) During any period during which this section applies to a person, the
person is not entitled to receive a widow's pension under Part IV, or a
supporting parent's benefit under Part IVAAA, of the Social Security Act 1947
if the person was not eligible to receive that benefit before the death of the
person's spouse.
  (6) Where the amount per fortnight payable to a person under sub-section (3)
is less than the amount per fortnight of pension that would, if this
sub-section did not apply to the person, be payable to the person, the amount
per fortnight payable to the person under sub-section (3) is that higher
amount per fortnight.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 66
Payment of wife's service pension after death of veteran

  66. (1) Subject to this section, a wife's service pension granted to the

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wife of a veteran (whether before or after the death of the veteran) is
payable to the widow of the veteran after the death of the veteran.
  (2) Where the widow of a deceased veteran re-marries, or marries, after the
death of the veteran, any wife's service pension payable to the widow shall be
cancelled.
  (3) The rate at which wife's service pension is payable to the widow of a
veteran after the death of the veteran shall not exceed the rate specified in
paragraph 47 (1) (b).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 67
Suspension and forfeiture of service pension when pensioner imprisoned

  67. (1) Where a service pensioner is imprisoned in connection with his or
her conviction for an offence, the Commission may-
  (a)  if the spouse of the pensioner or a child of the pensioner is
alive-direct that the whole, or a specified part, of each instalment of the
pension that becomes payable during the period, or a specified part of the
period, of his or her imprisonment be paid to-
      (i)  the spouse of the pensioner; or
     (ii)  the child of the pensioner,
    as the case may be, or to some other person approved by the Commission
for
the benefit of that spouse or child, and that any part of such an instalment
not so payable be forfeited or suspended; or
  (b)  in any other case-direct that each instalment of the service pension
that, but for the direction, would be payable to the service pensioner during
the period, or a specified part of the period, of the imprisonment be
forfeited or suspended.
  (2) A payment made to the spouse or child of a service pensioner, in
pursuance of a direction under paragraph (1) (a), shall, for all purposes, be
deemed to be a payment made to the service pensioner.
  (3) In this section, unless the contrary intention appears, "service
pension" includes wife's service pension, rent assistance and remote area
allowance.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART IV
PART  IV-PENSIONS  FOR  MEMBERS  OF  DEFENCE  FORCE  OR  PEACEKEEPING  FORCE


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1
                           Division 1-Interpretation


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 68
Interpretation

  68. (1) In this Part, unless the contrary intention appears-
  "Australian contingent", in relation to a Peacekeeping Force, means a
contingent of that Force that has been authorized or approved by the
Australian Government;
  "Australian member", in relation to a Peacekeeping Force, means a member of
that Force whose membership has been authorized or approved by the Australian
Government;
  "authorized travel", in relation to a member of a Peacekeeping Force, means
travel authorized by the appropriate authority, being an authority approved by
the Minister for the purpose;
  "defence service" means-
     (a)  continuous full-time service rendered as a member of the Defence
Force on or after 7 December 1972 and before the terminating date; and
     (b)  in the case of a person who-
         (i) was rendering continuous full-time service as a member of the
Defence Force immediately before the commencement of this Act;
          (ii) continued so to render continuous full-time service until and
including the day immediately before the terminating date; and
        (iii) was, immediately before the terminating date, bound to render
continuous full-time service as such a member for a term expiring on or after
the terminating date,
       includes the continuous full-time service rendered by the person as a
member of the Defence Force on and after the terminating date and before-
        (iv) the expiration of that term or, if that term is deemed to have
been extended by sub-section (4), (5) or (6), the expiration of the extension
of that term; or
        (v) the lawful termination of the person's service as a member of the
Defence Force otherwise than by reason of the expiration of the term for which
the person is bound to serve,
whichever occurs first,
     but does not include any period of peacekeeping service;
  "effective full-time service", in relation to a member of the Defence Force,
means any period of continuous full-time service of the member other than-
     (a)  a period exceeding 21 consecutive days during which the member was-
         (i) on leave of absence without pay;
        (ii) absent without leave;
        (iii) awaiting or undergoing trial in respect of an offence of which
the member was later convicted; or
        (iv) undergoing detention or imprisonment; or
     (b)  in the case of an officer of the Defence Force who, on appointment,
was a student enrolled in a degree or diploma course at a university or other
tertiary educational institution and was required by the appropriate authority

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of the Defence Force to continue his or her studies after appointment-the
period of the officer's service during which, by reason of the requirement to
engage in those studies or in activities connected with those studies, the
officer was not regarded by the appropriate authority of the Defence Force as
rendering effective full-time service;
  "member of a Peacekeeping Force" means a person who is serving, or has
served, with a Peacekeeping Force outside Australia as an Australian member,
or as a member of the Australian contingent, of that Peacekeeping Force;
  "member of the Forces" means a person to whom this Part applies by virtue of
section 69;
  "Peacekeeping Force" means-
     (a)  a Peacekeeping Force described in column 1 of Schedule 3; or
     (b)  a force raised or organized for the purpose of-
         (i) peacekeeping in an area outside Australia; or
        (ii) observing or monitoring any activities of persons in an area
outside Australia that may lead to an outbreak of hostilities,
       being a Force that is designated by the Minister, by notice published
in
the Gazette, as a Peacekeeping Force for the purposes of this Part;
  "peacekeeping service", in relation to a person, means service, whether
before or after the commencement of this Act, with a Peacekeeping Force
outside Australia, and includes-
     (a)  any period after the person's appointment or allocation to the
Peacekeeping Force during which the person was travelling outside Australia
for the purpose of joining the Peacekeeping Force; and
     (b)  any period (not exceeding 28 days) of authorized travel by the
person
outside Australia after the person has ceased to serve with the Peacekeeping
Force;
  "terminating date" means the date fixed by Proclamation for the purpose of
this definition, being a date not earlier than the date of commencement of an
Act establishing a Military Compensation Scheme.
  (2) For the purposes of the definition of "peacekeeping service" in
sub-section (1)-
  (a)  a person who has travelled from a place in Australia to a place outside
Australia shall be deemed to have commenced to travel outside Australia when
the person departed from the last port of call in Australia; and
  (b)  a person who has travelled to Australia from a place outside Australia
shall be deemed to have been travelling outside Australia until the person
arrived at the first port of call in Australia.
  (3) A Peacekeeping Force shall be taken to have become a Peacekeeping Force
for the purposes of this Part-
  (a)  in the case of a Peacekeeping Force described in column 1 of Schedule
3-on the date specified in column 2 of that Schedule opposite to the
description of that Force in column 1; or
  (b)  in the case of a Peacekeeping Force designated by notice published in
the Gazette-on the date specified in the notice as the date on which it is to
become, or is to be deemed to have become, a Peacekeeping Force for the
purposes of this Part.
  (4) For the purposes of the definition of "defence service" in sub-section
(1), where-
  (a)  immediately before the terminating date, a person was bound to render
continuous full-time service as a member of the Defence Force for a term (in
this sub-section referred to as the "relevant term") expiring on or after the
terminating date; and
  (b)  on or before the expiration of the relevant term, or of an extension of
the relevant term by virtue of a previous application of this sub-section, the
person becomes bound to serve as a member of the Defence Force for a further
term commencing immediately after the expiration of the relevant term, or of
the extension of the relevant term, as the case may be, the relevant term
shall be deemed to be extended, or further extended, as the case may be, until
the expiration of that further term.
  (5) Where a person who, immediately before the terminating date, was bound
to render continuous full-time service as a member of the Defence Force for a
term expiring on or after the terminating date is, before the expiration of
that term or of an extension of that term by virtue of sub-section (4),
discharged from the Defence Force for the purpose of being appointed an
officer-
  (a)  that discharge shall not be taken to be the lawful termination of the
person's services as a member of the Defence Force for the purposes of the
definition of "defence service" in sub-section (1); and
  (b)  the relevant term, within the meaning of sub-section (4), in respect of
the person shall be deemed to be extended until the expiration of the period
of continuous full-time service that the person is bound to render by reason
of his or her appointment as an officer.
  (6) Where-
  (a)  immediately before the terminating date, a person was bound to render
continuous full-time service as a member of the Defence Force for a term (in
this sub-section referred to as the "relevant term") expiring on or after the
terminating date; and

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  (b)  on or before the expiration of the relevant term, or of an extension of
the relevant term by virtue of a previous application of sub-section (4) or
(5), the person is discharged from the Army for the purpose of being appointed
an officer of the Army, being an appointment that is not expressed to be for a
specified period of service in a specified part of the Army or for such a
period of service followed by a specified period of service in another part of
the Army, that discharge shall not be taken to be the lawful termination of
the person's services as a member of the Defence Force for the purpose of the
definition of "defence service" in sub-section (1) and the relevant term in
respect of the person shall be deemed to be extended or further extended, as
the case requires, until the lawful termination of that person's service in
pursuance of that appointment.
  (7) Sub-sections (4), (5) and (6) do not apply to a person who was bound to
render continuous full-time service as a member of the Defence Force
immediately before the terminating date unless the person-
  (a)  was so rendering continuous full-time service immediately before the
commencement of this Act; and
  (b)  continued so to render continuous full-time service until and including
the day immediately before the terminating date.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 69
Application of Part to members of the Forces

  69. (1) Subject to this section, where a person-
  (a)  has served in the Defence Force for a continuous period that commenced
on or after 7 December 1972 and before the terminating date; or
  (b)  is serving in the Defence Force on or after the terminating date and
has so served continuously since a date before that date, this Part applies to
the person-
  (c)  if the person-
      (i) has served on continuous full-time service as a member of the
Defence
Force after 6 December 1972; and
     (ii) has, whether before or after that date, completed 3 years'
effective
full-time service as such a member;
  (d)  if-
      (i) the person has served as a member of the Defence Force under an
engagement to serve for a period of continuous full-time service of not less
than 3 years; and
     (ii) the person's service as such a member was terminated before the
person had completed 3 years' effective full-time service as a member of the
Defence Force, but after 6 December 1972, by reason of the person's death or
the person's discharge on the ground of invalidity or physical or mental
incapacity to perform duties;
  (e)  if-
      (i) the person has served as an officer of the Defence Force otherwise
than under an appointment to serve for a period of continuous full-time
service of less than 3 years; and
     (ii) the person's service as such an officer was terminated before the
person had completed 3 years' effective full-time service as a member of the
Defence Force, but after 6 December 1972, by reason of the person's death or
the termination of the person's appointment on the ground of invalidity or
physical or mental incapacity to perform duties; or
  (f)  if the person-
      (i) was, immediately before 7 December 1972, a national serviceman or a
national service officer, for the purposes of the National Service Act 1951,
serving in the Regular Army Supplement; and
     (ii) on or after that date-
        (A) completed the period of service in the Regular Army Supplement
for
which the person was to be deemed to have been engaged to serve or for which
the person was appointed, as the case may be; or
        (B) the person's service in the Regular Army Supplement was
terminated
by reason of the person's death, or of the person's discharge or the
termination of the person's appointment, on the ground of invalidity or
physical or mental incapacity to perform duties.
  (2) Where-
  (a)  a person has served in the Defence Force as set out in sub-section (1);
and
  (b)  after, but not immediately after, the termination of the period of
service referred to in that sub-section, the person commenced or commences to
render a further period of service in the Defence Force, the person is not a
person to whom this Part applies in respect of that further period of service
unless, under sub-section (1), this Part would apply to the person by reason
only of his or her having rendered that further period of service.
  (3) Where a person renders continuous full-time service as a member of the
Defence Force at some time after the commencement of this Act and before the
terminating date but has not so rendered continuous full-time service
continuously from and including the day immediately before the date of
commencement of this Act to that time, sub-section (1) does not apply in

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respect of the person unless-
  (a)  the person completes 3 years' effective full-time service as such a
member before the terminating date; or
  (b)  the person's service as a member or officer of the Defence Force is
terminated as provided by paragraph (1) (d) or (e), whichever is applicable,
before the terminating date.
  (4) For the purposes of paragraph (1) (c)-
  (a)  the service of a person as an officer of the Navy on the General List
while the person was undertaking pre-employment training shall be disregarded
unless the person has subsequently been promoted to the rank of sub-lieutenant
or a higher rank;
  (b)  the service of a person-
      (i) as an enlisted member of the Corps of Staff Cadets of the Army; or
     (ii) as an officer cadet of the Army while undertaking a four-year
course
of training,
    shall be disregarded unless the person has subsequently been appointed or
promoted to the rank of second lieutenant or a higher rank; and
  (c)  the service of a person as an Air Cadet, or as an Officer Cadet of the
Air Force, shall be disregarded unless the person has subsequently been
appointed or promoted to the rank of pilot officer or a higher rank.
  (5) Paragraph (1) (d) or (e) does not apply in respect of a person if the
person's service as a member of the Defence Force was terminated by reason of
the person's discharge, or the termination of the person's appointment-
  (a)  before the person had completed 12 months' effective full-time service;
and
  (b)  on the ground of invalidity or physical or mental incapacity to perform
duties, being invalidity or incapacity caused, or substantially contributed
to, by a physical or mental condition that-
      (i) existed at the time the person commenced continuous full-time
service
as a member of the Defence Force; and
     (ii) had not been aggravated, or materially aggravated, by that service.
  (6) Paragraph (1) (e) does not apply in respect of a person if the person's
service as a member of the Defence Force was terminated by reason of the
person's death, or the termination of the person's appointment, during a
period of service of the person of a kind referred to in paragraph (b) of the
definition of "effective full-time service" in sub-section 68 (1).
  (7) Where a member of the Defence Force who has rendered continuous
full-time service in pursuance of a voluntary undertaking given by the member
and accepted by the appropriate authority of the Defence Force was not serving
on continuous full-time service immediately before the member commenced to
render that service-
  (a)  if the member was an officer on the day on which the member so
commenced-the member shall be deemed, for the purposes of paragraph (1) (e),
to have been appointed as an officer of the Defence Force on that day for
service for the period for which the member was bound to serve on continuous
full-time service by virtue of that undertaking; or
  (b)  in any other case-the member shall be deemed, for the purpose of
paragraph (1) (d), to have been engaged to serve as a member of the Defence
Force on that day for service for the period for which the member was bound to
serve on continuous full-time service by virtue of that undertaking.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2
                       Division 2-Eligibility for pension


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 70
Eligibility for pension under this Part

  70. (1) Where-
  (a)  the death of a member of the Forces or member of a Peacekeeping Force
was defence-caused; or
  (b)  a member of the Forces or member of a Peacekeeping Force has become
incapacitated from a defence-caused injury or a defence-caused disease, the
Commonwealth is, subject to this Act, liable to pay-
  (c)  in the case of the death of the member-pension to the dependants of the
member; or
  (d)  in the case of the incapacity of the member-pension to the member, in
accordance with this Act.
  (2) Where-
  (a)  a member of the Forces or a member of a Peacekeeping Force has died;
  (b)  the death of the member was not defence-caused; and
  (c)  the member was, immediately before the member's death-
      (i)  a member to whom section 24 applied by virtue of section 73; or
     (ii)  a member to whom section 22 or 23 so applied who was in receipt of
a
pension the rate of which had been increased by reason that the pension was in
respect of an incapacity described in item 1, 2, 3, 4, 5, 6, 7 or 8 of the
table in section 27, the Commonwealth is, subject to this Act, liable to pay
pensions to the dependants of the member.
  (3) Where a pension in respect of the incapacity of a member of the Forces
or of a member of a Peacekeeping Force from defence-caused injury or
defence-caused disease, or both, is granted, after the death of the member, as

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from a date before the death of the member, sub-section (2) applies as if the
member had been in receipt of that pension immediately before the member died.
  (4) For the purposes of this Act, the death of a member of a Peacekeeping
Force shall be taken to have been defence-caused, an injury suffered by such a
member shall be taken to be a defence-caused injury or a disease contracted by
such a member shall be taken to be a defence-caused disease if the death,
injury or disease, as the case may be, resulted from an occurrence that
happened while the member was rendering peacekeeping service.
  (5) For the purposes of this Act, the death of a member of the Forces or
member of a Peacekeeping Force shall be taken to have been defence-caused, an
injury suffered by such a member shall be taken to be a defence-caused injury
or a disease contracted by such a member shall be taken to be a defence-caused
disease if-
  (a)  the death, injury or disease, as the case may be, arose out of, or was
attributable to, any defence service, or peacekeeping service, as the case may
be, of the member;
  (b)  subject to sub-section (8), the death, injury or disease, as the case
may be, resulted from an accident that occurred while the member was
travelling, during any defence service or peacekeeping service of the member
but otherwise than in the course of duty, on a journey to a place for the
purpose of performing duty or away from a place upon having ceased to perform
duty; or
  (c)  the death is to be deemed by sub-section (6) to be defence-caused, the
injury is to be deemed by sub-section (7) to be defence-caused injury or the
disease is to be deemed by sub-section (7) to be a defence-caused disease, as
the case may be; or
  (d)  the injury or disease from which the member died, or has become
incapacitated-
      (i)  was suffered or contracted during any defence service or
peacekeeping service of the member, but did not arise out of that service; or
     (ii)  was suffered or contracted before the commencement of the period,
or
the last period, of defence service or peacekeeping service of the member, but
not during such a period of service,
    and, in the opinion of the Commission, the injury or disease was
contributed to in a material degree or was aggravated by any defence service
or peacekeeping service of the member, being service after the member suffered
the injury or contracted the disease.
  (6) Where, in the opinion of the Commission, the death of a member of the
Forces or member of a Peacekeeping Force was due to an accident that would not
have occurred, or to a disease that would not have been contracted, but for
his or her having rendered defence service or peacekeeping service, as the
case may be, or but for changes in the member's environment consequent upon
his or her having rendered any such service-
  (a)  the death of the member shall be deemed to have resulted from that
defence service or peacekeeping service, as the case may be; and
  (b)  the death of the member shall be deemed to be defence-caused, for the
purposes of this Act.
  (7) Where, in the opinion of the Commission, the incapacity of a member of
the Forces or member of a Peacekeeping Force was due to an accident that would
not have occurred, or to a disease that would not have been contracted, but
for his or her having rendered defence service or peacekeeping service, as the
case may be, or but for changes in the member's environment consequent upon
his or her having rendered any such service-
  (a)  if the incapacity of the member was due to an accident-that incapacity
shall be deemed to have arisen out of the injury suffered by the member as a
result of the accident and the injury so suffered shall be deemed to be a
defence-caused injury suffered by the member; or
  (b)  if the incapacity was due to a disease-the incapacity shall be deemed
to have arisen out of that disease and that disease shall be deemed to be a
defence-caused disease contracted by the member, for the purposes of this Act.
  (8) Paragraph (5) (b) does not apply-
  (a)  to an accident that occurred while the member of the Forces or member
of a Peacekeeping Force was travelling on a journey from the member's place of
duty in a case where the member had delayed commencing the journey for a
substantial period after he or she ceased to perform duty at that place
(otherwise than for a reason connected with the performance of the member's
duties) unless, in the circumstances of the particular case, the nature of the
risk of sustaining an injury, or contracting a disease, was not substantially
changed, and the extent of that risk was not substantially increased, by that
delay or by anything that happened during that delay;
  (b)  to an accident that occurred while the member of the Forces or member
of a Peacekeeping Force was travelling on a journey, or a part of a journey,
by a route that was not reasonably direct having regard to the means of
transport used unless-
      (i)  the journey, or that part of the journey, was made by that route
for
a reason connected with the performance of the member's duty; or
     (ii)  in the circumstances of the particular case, the nature of the
risk

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of sustaining injury, or contracting disease, was not substantially changed,
and the extent of that risk was not substantially increased, by reason that
the journey, or that part of the journey, was made by that route; or
  (c)  to an accident that occurred while the member of the Forces or member
of a Peacekeeping Force was travelling on a part of a journey made after a
substantial interruption of the journey, being an interruption made for a
reason unconnected with the performance of the member's duties, unless, in the
circumstances of the particular case, the nature of the risk referred to in
sub-paragraph (b) (ii) was not substantially changed and the extent of that
risk was not substantially increased, by reason of the interruption.
  (9) The Commonwealth is not liable under this section in respect of the
death of a member of the Forces or a member of a Peacekeeping Force, or the
incapacity of such a member, from injury or disease-
  (a)  in a case where the death occurred, or the injury was suffered, or
disease was contracted, by the member in circumstances described in
sub-section (4) or in paragraph (5) (a), (b) or (c)-if the death, or the
injury or disease, as the case may be-
      (i)  resulted from the member's serious default or wilful act; or
     (ii)  arose from a serious breach of discipline committed by the member
or
from an occurrence that happened while the member was committing a serious
breach of discipline; or
  (b)  in the case of an injury suffered, or disease contracted, by the member
to which paragraph (5) (d) applies-
      (i)  if the aggravation of the injury or disease-
        (A) resulted from the member's serious default or wilful act; or
        (B) arose from a serious breach of discipline by the member; or
     (ii)  unless the period of defence service or peacekeeping service that
contributed to the injury or disease in a material degree, or by which the
injury or disease was aggravated, was 6 months or longer.
  (10) The Commonwealth is not liable under this section in respect of the
death of a member of the Forces or a member of a Peacekeeping Force, or the
incapacity of such a member, from injury or disease, if the death or
incapacity resulted from the serious default or wilful act of the member that
happened after the member ceased, or last ceased, to render defence service or
peacekeeping service.
  (11) Where a dependant of a deceased member of the Forces or of a deceased
member of a Peacekeeping Force (not being a child of the member) re-marries or
marries after the death of the member-
  (a)  the Commonwealth is not liable to pay a pension to the dependant under
this section unless the decision to grant that pension was made by the
Commission, the Board or the Administrative Appeals Tribunal, as the case may
be, before that marriage or re-marriage occurred; and
  (b)  a decision granting a pension to the dependant under this section made
by the Commission, the Board or the Administrative Appeals Tribunal after that
re-marriage or marriage occurred (including a decision granting such a pension
as from a date before that re-marriage or marriage occurred) is void and of no
effect.
  (12) Where a person is in receipt of, or is eligible to receive, a pension
under this Part as the widow of a deceased member of the Forces or member of a
Peacekeeping Force, the Commonwealth is not liable to pay another pension to
the person under this Part as the widow of another deceased member of the
Forces or member of a Peacekeeping Force or under Part II as the widow of a
deceased veteran.
  (13) Where a person who is in receipt of, or is eligible to receive, a
pension under this Part as the child of a deceased person, being a member of
the Forces or a member of a Peacekeeping Force, would, but for this
sub-section, become eligible to receive a pension under this Part or Part II
as the child of another deceased person, being a member of the Forces, a
member of a Peacekeeping Force or a veteran, the Commonwealth is liable to pay
a pension to the person under this Part or Part II as the child of only one of
those deceased persons, and, if the rate at which that pension would be
payable as the child of one of those deceased persons (in this sub-section
referred to as the "relevant deceased person") is higher than the rate at
which that pension would be payable as the child of the other of those
deceased persons, then-
  (a)  if the relevant deceased person is a member of the Forces or a member
of a Peacekeeping Force-the Commonwealth is liable to pay a pension to the
person under this Part as the child of the relevant deceased person; or
  (b)  in any other case-the Commonwealth is not liable to pay a pension to
the person under this Part.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 71
Application of certain provisions of Part II

  71. (1) Divisions 3, 6 and 7 of Part II apply to and in relation to pensions
payable in accordance with this Part in like manner as they apply to and in
relation to pensions payable in accordance with Part II.
  (2) For the purposes of the application of Divisions 3, 6 and 7 of Part II
as provided in sub-section (1)-
  (a)  a reference in those divisions to a pension shall be read as a
reference to a pension payable in accordance with this Part;

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  (b)  a reference in those divisions to the death of a veteran that was
war-caused shall be read as a reference to the death of a member of the Forces
or a member of a Peacekeeping Force that was defence-caused;
  (c)  a reference in those divisions to a war-caused injury shall be read as
a reference to a defence-caused injury;
  (d)  a reference in those divisions to a war-caused disease shall be read as
a reference to a defence-caused disease; and
  (e)  a reference in those divisions to a veteran shall be read as a
reference to a member of the Forces or a member of a Peacekeeping Force.
  (3) In the application of Division 3 of Part II in accordance with
sub-sections (1) and (2) of this section, section 19 shall be read as if the
following sub-section were substituted for sub-section (7) of that section:
  "(7) Where-
  (a)  the Commission, upon considering a claim for a pension in respect of
the incapacity of a member of the Forces or a member of a Peacekeeping Force
from injury or disease determines, or is satisfied, that the member suffered
the injury or contracted the disease as claimed and that the injury is a
defence-caused injury or the disease is a defence-caused disease, as the case
may be; and
  (b)  the Commission is also satisfied that a determination under this Act is
in force determining that the member has suffered an injury or contracted a
disease (not being the injury or disease referred to in paragraph (a)) and
that- 
      (i)  that injury is a defence-caused injury, or is a war-caused injury
for the purposes of Part II; or
     (ii)  that disease is a defence-caused disease, or is a war-caused
disease
for the purposes of Part II,
    as the case may be, whether or not a pension under Part IV or Part II, as
the case requires, has been granted in respect of that injury or disease, the
Commission shall not, in a case where the claimant is in receipt of a pension
under Part IV or Part II in respect of incapacity resulting from the injury or
disease referred to in paragraph (b), grant a separate and additional pension
to the claimant in respect of incapacity resulting from the injury or disease
referred to in paragraph (a), but the Commission shall, having regard to any
incapacity resulting from the injury or disease referred to in paragraph (a)
and any incapacity resulting from the injury or disease referred to in
paragraph (b) and treating any such war-caused injury as defence-caused injury
and any such war-caused disease as defence-caused disease-
  (c)  if the claimant is not in receipt of a pension under Part IV or Part
II-determine whether the claimant is entitled to be granted a pension under
Part IV and, if it determines that the claimant is entitled to be granted a
pension, assess the rate of the pension to be granted to the claimant; or
  (d)  if the claimant is in receipt of a pension under Part IV or Part
II-re-assess the rate of that pension.".
  (4) Notwithstanding anything in Divisions 3, 6 and 7 of Part II in their
application in accordance with this section, where-
  (a)  a member of the Forces, or a member of a Peacekeeping Force, has, or
has had, both defence service and peacekeeping service; and
  (b)  the Commission has determined that the death or incapacity of the
member had or has reference to the member's defence service and also to the
member's peacekeeping service, the Commission shall not grant a pension under
this Part in respect of the death or incapacity in so far as it had or has
reference to the member's defence service and a separate pension under this
Part in respect of the death or incapacity of the member in so far as it had
or has reference to the member's peacekeeping service, but shall-
  (c)  in the case of the death of the member-assess the rate of any pension
granted under this Part in respect of the death as if the member's
peacekeeping service formed part of the member's defence service; or
  (d)  in the case of the incapacity of the member-assess the degree of
incapacity of the member and the rate of pension (if any) to be granted in
respect of the incapacity of the member as if the member's peacekeeping
service formed part of the member's defence service.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 72
Dual entitlement to pension

  72. (1) Where a member of the Forces or a member of a Peacekeeping Force is
also a veteran or an Australian Mariner within the meaning of the Seamen's War
Pensions and Allowances Act 1940, the member is not entitled to receive, at
the same time-
  (a)  a pension under this Part; and
  (b)  a pension under Part II of this Act or under the Seamen's War Pensions
and Allowances Act 1940, as the case may be, in respect of his or her
incapacity from the same injury or disease.
  (2) Where a member of the Forces or a member of a Peacekeeping Force is also
a veteran or an Australian Mariner within the meaning of the Seamen's War
Pensions and Allowances Act 1940, a dependant of the member is not entitled to
receive, at the same time-
  (a)  a pension under this Part; and
  (b)  a pension under Part II of this Act or under the Seamen's War Pensions
and Allowances Act 1940, as the case may be, in respect of the death of the

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member.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3
                          Division 3-Rates of pension


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 73
Application of Divisions 4 and 5 of Part II

  73. (1) The provisions of Divisions 4 and 5 of Part II apply to and in
relation to pensions payable in accordance with this Part in like manner as
those provisions apply in relation to pensions payable in accordance with Part
II.
  (2) For the purposes of the application of the provisions of Divisions 4 and
5 of Part II as provided in sub-section (1)-
  (a)  a reference in those provisions to a war-caused injury shall be read as
a reference to a defence-caused injury;
  (b)  a reference in those provisions to a war-caused disease shall be read
as a reference to a defence-caused disease;
  (c)  a reference in those provisions to a veteran shall be read as a
reference to a member of the Forces or a member of a Peacekeeping Force; and
  (d)  a reference in those provisions to Part II shall be read as a reference
to Part IV.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4
                   Division 4-Pension and other compensation


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 74
Payments by way of compensation or damages

  74. (1) In this section, "compensation" includes-
  (a)  any payment in the nature of compensation; and
  (b)  any damages recoverable at law (including any amount paid under a
compromise or settlement of a claim for damages at law), whether from the
Commonwealth, a State, a Territory or any other person (whether within or
outside Australia), in respect of injury to, or the death of, a person, but
does not include any amount that represents expenses incurred in medical or
hospital treatment.
  (2) This section applies in relation to a member of the Forces, or a member
of a Peacekeeping Force, in respect of the death of the member that was
defence-caused, or the incapacity of the member from a defence-caused injury
or a defence-caused disease if-
  (a)  a person is entitled, or 2 or more persons are each entitled, to
receive payments by way of compensation in respect of the death of the member
or of the incapacity of the member from that injury or disease; and
  (b)  subject to this section, pension under this Part is being paid or is
payable to a person, or to each of 2 or more persons, in respect of the death
of the member or to the member in respect of the incapacity of the member from
that injury or disease.
  (3) For the purposes of this section, where-
  (a)  a lump sum payment by way of compensation is made-
      (i)  to a person, being a member of the Forces or a member of a
Peacekeeping Force, in respect of the incapacity of the member from injury or
disease; or
     (ii)  to a person, being a dependant of a member of the Forces or of a
member of a Peacekeeping Force, in respect of the death of the member from
injury or disease; and
  (b)  that person is in receipt of, or is subsequently granted, a pension
under this Part in respect of the incapacity of that member from that injury
or disease, or the death of that member from that injury or disease, as the
case may be, that person shall be deemed, by reason of that payment by way of
compensation, to have been, or to be, in receipt of payments, by way of
compensation, on and after-
  (c)  the date of commencement of the period in respect of which his or her
pension is, or becomes, payable; or
  (d)  the date on which the lump sum payment is made, whichever is the
earlier date, for the life of the person, at such rate per fortnight as is
determined by, or in accordance with the instructions of, the Commonwealth
Actuary, to be the equivalent of a lump sum equal to that lump sum payment and
paid to the person on that earlier date.
  (4) For the purposes of this section, a payment by way of compensation made
on behalf of, or for the benefit of, a person shall be deemed to have been
made to that person.
  (5) Where-
  (a)  an amount of damages payable to a member of the Forces or a member of a
Peacekeeping Force, or to a dependant of such a member, is paid to the
Commonwealth in pursuance of a notice under section 76; or
  (b)  the liability of the Commonwealth to pay damages to a member of the
Forces or a member of a Peacekeeping Force or to a dependant of such a member,
is, by virtue of section 77, to be deemed to have been discharged to the
extent of a particular amount, sub-section (3) of this section applies to and
in relation to the member or dependant as if pension commenced to be payable,
or commences to be payable, only after the member or dependant has received
payments by way of instalments of pension aggregating the amount referred to
in paragraph (a) or (b), whichever is applicable, of this sub-section.
  (6) In the application of sub-sections (8) and (9) in respect of the death
of a member of the Forces or a member of a Peacekeeping Force-

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  (a)  if payments by way of compensation in respect of the death of the
member are being made to 2 or more persons included in the relevant class of
persons-a reference in those sections to the rate per fortnight at which
compensation is payable in respect of the death of the member shall be read as
a reference to the aggregate of the rates per fortnight at which those
payments are being made; and
  (b)  if pensions under this Part in respect of the death of the member are
being paid, or are payable, to 2 or more persons included in the relevant
class of persons-a reference in those sections to the rate at which pension
under this Part is payable in respect of the death of the member shall be read
as a reference to the aggregate of the rates per fortnight at which those
pensions are being paid or are payable.
  (7) For the purposes of sub-section (6), the dependants of a member of the
Forces or a member of a Peacekeeping Force constitute the relevant class of
persons.
  (8) If, in a case where this section applies in respect of the death of a
member of the Forces or a member of a Peacekeeping Force, or the incapacity of
such a member from injury or disease, or both, the rate per fortnight at which
compensation is payable in respect of the death or incapacity equals or
exceeds the rate per fortnight at which pension under this Part is payable in
respect of the death or incapacity, then, pension is not payable under this
Part to any person in respect of the death of the member, or the incapacity of
the member from that injury or disease, or both, as the case may be.
  (9) If, in a case where this section applies in respect of the death of a
member of the Forces or a member of a Peacekeeping Force, or the incapacity of
such a member from injury or disease, or both, the rate per fortnight at which
pension under this Part, or the aggregate of the rates per fortnight at which
pensions under this Part would, but for this sub-section, be payable in
respect of the death or incapacity exceeds the rate per fortnight at which
compensation is payable in respect of the death or incapacity, then-
  (a)  if a pension under this Part is being paid, or is payable, to one
person only in respect of the death or incapacity of the member-the rate per
fortnight at which that pension is payable; or
  (b)  if pensions under this Part are being paid, or are payable, to 2 or
more persons in respect of the death of the member-the aggregate of the rates
per fortnight at which those pensions are payable, is an amount per fortnight
equal to the amount of that excess.
  (10) In giving effect to sub-section (9) as between 2 pensions in a case
where one is required by sub-section (12) to be preferred to the other, the
rate per fortnight of the pension that is to be so preferred shall not be
reduced until the pension that is not to be so preferred has ceased to be
payable by reason that its rate per fortnight has been reduced to nil.
  (11) In giving effect to sub-section (9) as between 2 or more pensions in a
case where sub-section (10) does not apply, the rate per fortnight of each of
those pensions shall be reduced by an amount per fortnight that bears the same
proportion to the amount per fortnight of the reduction required to be made to
all those pensions as the rate per fortnight of that pension before the
reduction bears to the aggregate rate per fortnight of all those pensions
before the reduction.
  (12) For the purposes of this section-
  (a)  a pension payable under this Part to the spouse of a member of the
Forces or a member of a Peacekeeping Force who is deceased shall be preferred
to such a pension payable to a child of the member; and
  (b)  a pension payable under this Part to a child of a member of the Forces
or a member of a Peacekeeping Force shall be preferred to such a pension
payable to a younger child of the member.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 75
Proceedings against third party

  75. (1) Where-
  (a)  pension is, or has been, payable in respect of the incapacity of a
member of the Forces or a member of a Peacekeeping Force from a defence-caused
injury or a defence-caused disease or in respect of the death of such a member
that was defence-caused;
  (b)  the incapacity from injury or disease, or the death, occurred in
circumstances that appear to create a legal liability in a person other than
the Commonwealth to pay damages in respect of the injury or disease, or the
death; and
  (c)  proceedings against that person for the purpose of recovering damages
in respect of the injury or disease, or the death, have not been instituted by
the member, or by or for the benefit of a dependant of the member, or have
been so instituted but have been discontinued or have not been properly
prosecuted, the Commission may, by notice in writing to the member or
dependant, request the member or dependant to institute proceedings or fresh
proceedings against that person for that purpose, or properly to prosecute the
proceedings, as the case may be.
  (2) Where a member of the Forces or a member of a Peacekeeping Force or a
dependant of such a member is requested, in accordance with sub-section (1),
to institute proceedings against a person-
  (a)  if the member or dependant refuses or fails within a reasonable time
after the making of the request to institute the proceedings or, having

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instituted the proceedings, discontinues the proceedings-the Commonwealth may
institute proceedings or fresh proceedings, as the case may be, against the
person in the name of the member or dependant for the recovery of damages in
respect of the incapacity or death; or
  (b)  if the member or dependant, having instituted proceedings, fails
properly to prosecute the proceedings-the Commonwealth may take over the
conduct of the proceedings.
  (3) Where a member of the Forces or a member of a Peacekeeping Force, or a
dependant of such a member, who is requested, in accordance with sub-section
(1), properly to prosecute proceedings instituted against a person refuses, or
fails within a reasonable time after the making of the request, to do so, the
Commonwealth may take over the conduct of the proceedings.
  (4) The Commonwealth is liable to pay all the costs of or incidental to
proceedings referred to in sub-section (1), (2) or (3), being costs payable by
the plaintiff in those proceedings, but not including costs unreasonably
incurred by the plaintiff.
  (5) Where, in accordance with this section, the Commonwealth institutes
proceedings in the name of a member of the Forces or a member of a
Peacekeeping Force or of a dependant of such a member, or takes over the
conduct of proceedings that have been instituted in the name of such a member
or of a dependant of such a member-
  (a)  the Commonwealth may-
      (i)  settle the proceedings either with or without obtaining judgment
in
the proceedings; and
     (ii)  if a judgment is obtained in the proceedings in favour of the
plaintiff-take such steps as are necessary to enforce that judgment; and
  (b)  the member or dependant shall sign any document relevant to the
proceedings, including the settlement of the proceedings, that a person acting
in the proceedings on behalf of the Commonwealth requires that member or
dependant to sign and, if he or she fails to sign any such document, the court
or tribunal in which the proceedings are being taken may direct that the
document be signed on his or her behalf by a person appointed by the court or
tribunal for the purpose.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 76
Payment of damages to Commonwealth

  76. (1) Where-
  (a)  a person other than the Commonwealth appears to be liable-
      (i)  to pay damages to a member of the Forces or a member of a
Peacekeeping Force in respect of an injury or disease to the member; or
     (ii)  to pay damages to a dependant of a deceased member of the Forces or
a deceased member of a Peacekeeping Force in respect of the death of the
member; and
  (b)  pension under this Part is payable or has been paid to the member in
respect of the incapacity of the member from that injury or disease or to the
dependant in respect of the death of the member, the Commission may, by notice
in writing to the person, require the person, in the event of the person
agreeing to pay damages to the member in respect of the injury or disease, or
to pay damages to the dependant in respect of the death, or in the event of
damages against the person being awarded to the member in proceedings
instituted in respect of the injury or disease, or to the dependant in
proceedings instituted in respect of the death, to pay to the Commonwealth so
much of the amount of the damages as does not exceed the aggregate, at the
time the payment is made to the Commonwealth, of the amounts of pension under
this Part that have been paid to the member in respect of the incapacity of
the member from that injury or disease, or to the dependant in respect of the
death of the member, and the person shall comply with the notice.
  (2) Subject to sub-section (3), where-
  (a)  a person other than the Commonwealth has agreed-
      (i)  to pay damages to a member of the Forces or a member of a
Peacekeeping Force in respect of an injury suffered by, or a disease
contracted by, the member; or
     (ii)  to pay damages to a dependant of a deceased member of the Forces
or
member of a Peacekeeping Force in respect of the death of the member,
    and pension under this Part is payable, or has been paid, to the member
in
respect of the incapacity of the member from that injury or disease or to the
dependant in respect of the death of the member; or
  (b)  damages against a person other than the Commonwealth have been
awarded-
      (i)  to a member of the Forces or member of a Peacekeeping Force in
respect of an injury suffered by, or a disease contracted by, the member; or
     (ii)  to a dependant of a deceased member of the Forces or member of a
Peacekeeping Force in respect of the death of the member,
    and pension under this Part is payable, or has been paid, to the member
in
respect of the incapacity of the member from that injury or disease or to the
dependant in respect of the death of the member, the Commission may, by notice
in writing to the person, require the person to pay to the Commonwealth so

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much of the amount of the damages as does not exceed the aggregate, at the
time the payment is made to the Commonwealth, of the amounts of pension under
this Part that have been paid to the member in respect of the incapacity of
the member from that injury or disease or to the dependant in respect of the
death of the member, and the person shall comply with the notice.
  (3) Where, before a notice under sub-section (2) was received by a person,
the person had paid to or in respect of the member or dependant the whole or
any part of the damages to which the notice relates-
  (a)  if the whole of the damages had been paid-the notice has no force or
effect; or
  (b)  if part only of the damages had been paid-the reference in that
sub-section to the amount of the damages shall be read as a reference to so
much of that amount as has not been paid.
  (4) If a person fails to pay an amount to the Commonwealth in pursuance of a
notice under this section, the Commonwealth may recover that amount from the
person as a debt due to the Commonwealth by action in a court of competent
jurisdiction.
  (5) The payment of an amount to the Commonwealth in pursuance of a notice
under this section is, to the extent of the amount paid, a discharge of the
liability of that person to the member or dependant.
  (6) In this section, "damages" does not include an amount that has been paid
in pursuance of a notice under section 102 of the Compensation (Commonwealth
Government Employees) Act 1971.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 77
Discharge of liability of Commonwealth to pay damages

  77. Where-
  (a)  damages against the Commonwealth have been awarded-
      (i)  to a member of the Forces or a member of a Peacekeeping Force in
proceedings instituted to recover damages in respect of an injury suffered by,
or a disease contracted by, the member; or
     (ii)  to a dependant of a deceased member of the Forces or a member of a
Peacekeeping Force in proceedings instituted to recover damages in respect of
the death of the member; and
  (b)  pension under this Part is payable, or has been paid, to the member in
respect of the incapacity of the member from that injury or disease or to the
dependant in respect of the death of the member, the liability of the
Commonwealth to pay those damages, or such part of them as does not represent
expenses incurred in medical or hospital treatment, shall be deemed to have
been discharged to the extent of the aggregate of the amounts of that pension
that have been paid to the member or the dependant, as the case may be.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 78
Other payments of compensation

  78. (1) If, after any pension under this Part has been paid-
  (a)  to a member of the Forces or a member of a Peacekeeping Force in
respect of the incapacity of the member from a defence-caused injury or a
defence-caused disease; or
  (b)  to a dependant of a deceased member of the Forces or member of a
Peacekeeping Force in respect of the death of the member that was
defence-caused, any compensation is paid under the law of a country other than
Australia, or by, or under a scheme arranged by, an international
organization, to or in respect of the member in relation to the injury
suffered by, or the disease contracted by, the member, or to or in respect of
the dependant in relation to the death of the member, the Commonwealth may
recover from the member or dependant, as the case may be, by action in a court
of competent jurisdiction, an amount equal to so much of the amount of
compensation so paid as does not exceed the aggregate of the amounts of
pension under this Part that have been so paid to the member or dependant, as
the case may be.
  (2) The Commission may, by notice in writing to a person (being a claimant
for pension under this Part, or a person in receipt of pension under this
Part, in respect of the incapacity of a member of the Forces or a member of a
Peacekeeping Force from a defence-caused injury or a defence-caused disease or
the death of such a member), require the person to furnish to the Commission,
within a reasonable period specified in the notice, a statutory declaration
stating whether any compensation has been paid to or in respect of the person,
or has been claimed by or in respect of the person, under a law of a country
other than Australia, or under a scheme arranged by an international
organization, in respect of the injury suffered, or the disease contracted, by
the member, or the death of the member, as the case may be.
  (3) Where a person refuses or fails to comply with a notice under
sub-section (2), the right of the person to pension under this Part in respect
of the injury, disease or death to which the notice relates, and the right of
the person to institute or take any proceedings under this Act in relation to
that pension or a claim for that pension, are suspended until the statutory
declaration is furnished.
  (4) Where a person's right to pension under this Part is suspended under
sub-section (3), the person is not entitled to be paid pension under this Part
in respect of the period of the suspension.
  (5) In this section-
  "compensation" has the same meaning as it has in section 74;

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  "international organization" means-
     (a)  an organization-
         (i)  of which 2 or more countries, or the Governments of 2 or more
countries, are members; or
        (ii)  that is constituted by persons representing 2 or more
countries,
or representing the Governments of 2 or more countries; or
     (b)  an organization that is-
         (i)  an organ of, or office within, an organization described in
paragraph (a);
        (ii)  a commission, council or other body established by an
organization so described or such an organ; or
        (iii)  a committee, or sub-committee of a committee, of an
organization
described in paragraph (a), or of such an organ, council or body.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 79
Overpayments of pension

  79. (1) Where-
  (a)  an amount has been paid-
      (i)  to a member of the Forces or a member of a Peacekeeping Force as
pension under this Part in respect of the incapacity of the member from a
defence-caused injury or defence-caused disease; or
     (ii)  to a dependant of a deceased member of the Forces or member of a
Peacekeeping Force as pension under this Part in respect of the death of the
member that was defence-caused; and
  (b)  by reason of section 74, that amount was not payable to the member or
dependant, an amount equal to the amount so paid is recoverable from the
member or dependant by deduction from any amount of pension under this Part
payable to the member or dependant in respect of the incapacity from that
injury or disease or of the death of the member, as the case may be.
  (2) Sub-section (1) does not prevent the recovery of an amount referred to
in that sub-section otherwise than as provided in that sub-section, but an
amount shall not be recovered as so provided and also otherwise than as so
provided.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART V
                     PART  V-MEDICAL  AND  OTHER  TREATMENT


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 80
Interpretation

  80. (1) In this Part, unless the contrary intention appears, "treatment"
means treatment provided, or action taken, with a view to-
  (a)  restoring a person to, or maintaining a person in, physical or mental
health;
  (b)  alleviating a person's suffering; or
  (c)  ensuring a person's social well-being, and, without limiting the
generality of the foregoing, includes-
  (d)  the provision of accommodation, medical procedures, nursing care,
social or domestic assistance or transport;
  (e)  the supply, renewal, maintenance and repair of artificial replacements,
and surgical and other aids and appliances; and
  (f)  the provision of diagnostic and counselling services, for the purposes
of, or in connection with, any such treatment or action.
  (2) In this Part-
  (a)  references to a married person and to an unmarried person have the same
respective meanings as they have in Part III by virtue of sub-sections 35 (6)
and 35 (1), respectively;
  (b)  a reference to a country area of a State shall be read as a reference
to a part of that State, outside the metropolitan area of the capital city of
that State, determined by the Commission, by instrument in writing, to be a
country area of that State for the purposes of this Part;
  (c)  a reference to a veteran shall be read as a reference to a veteran as
defined by sub-section 5 (1), other than a person who is a veteran as so
defined by reason only that the person has rendered service of a kind
described in paragraph 6 (1) (f) or (g); and
  (d)  a reference to a veteran who is in receipt of a service pension shall
be read as a reference to a veteran, within the meaning of paragraph (c), who
is in receipt of a service pension or a wife's service pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 81
Application of Part V

  81. (1) Without prejudice to its effect apart from this sub-section, this
Part has effect in relation to a person who is, or has been-
  (a)  a member of the Forces as defined by sub-section 68 (1); or
  (b)  a member of a Peacekeeping Force as defined by sub-section 68 (1), and
in relation to a dependant of such a person who has died, in like manner as it
has effect in relation to a veteran and a dependant of a deceased veteran,
respectively.
  (2) For the purpose of the application of this Part in accordance with
sub-section (1)-
  (a)  a reference in this Part to a veteran shall be read as a reference to a
member of the Forces, or a member of a Peacekeeping Force, as defined by
sub-section 68 (1);

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  (b)  a reference in this Part to a pension, not being a service pension, a
wife's service pension or a carer's service pension, shall be read as a
reference to a pension under Part IV;
  (c)  a reference in this Part to a war-caused injury shall be read as a
reference to a defence-caused injury;
  (d)  a reference in this Part to a war-caused disease shall be read as a
reference to a defence-caused disease; and
  (e)  a reference in this Part to the death of a veteran that was war-caused
shall be read as a reference to the death of a member of the Forces, or member
of a Peacekeeping Force, as defined by sub-section 68 (1), that was
defence-caused.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 82
Prescribed persons

  82. (1) A person is a prescribed person for the purposes of this Part if the
annual rate of the person's income, calculated as provided by sub-section 35
(12) and section 37, is equal to, or exceeds, the prescribed rate of income
applicable to the person by virtue of sub-section 83 (1).
  (2) A person, not being a person who is a prescribed person for the purposes
of this Part by virtue of sub-section (1) or a person who is permanently
blinded in both eyes, is a prescribed person for the purposes of this Part
if-
  (a)  the person is in receipt of a service pension, a wife's service pension
or a carer's service pension the annual rate of which is determined by
reference to paragraph 47 (5) (b) or 48 (4) (b), as the case requires; or
  (b)  the person is not in receipt of such a pension but, if the person were
a veteran who was eligible to receive a service pension, the annual rate of
that pension would be determined by reference to paragraph 47 (5) (b), and the
value of the person's property, calculated as provided by sub-sections 35 (12)
and (13) and section 50, is equal to, or exceeds the prescribed property value
applicable to the person by virtue of sub-section 83 (2).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 83
Prescribed rate of income and property value

  83. (1) For the purposes of this Part, the prescribed rate of income
applicable to a person is-
  (a)  in the case of an unmarried person-
      (i)  if the person has a child or children wholly or substantially
dependent on the person-$3,380 per year plus $1,040 per year in respect of
that child or of each of those children, as the case may be; or
     (ii)  in any other case-$3,380 per year; or
  (b)  in the case of a married person-
      (i)  if the person has a child or children wholly or substantially
dependent on the person-$2,756 plus $520 per year in respect of that child or
of each of those children, as the case may be; or
     (ii)  in any other case-$2,756 per year.
  (2) For the purposes of this Part, the prescribed property value applicable
to a person is-
  (a)  in the case of an unmarried person-
      (i)  if, in calculating the value of the property of the person for the
purposes of Part III, a value of the kind referred to in sub-paragraph 50 (1)
(a) (i) has been or would be disregarded-$80,000; or
     (ii)  in any other case-$130,000; or
  (b)  in the case of a married person-
      (i)  if, in calculating the value of the property of the person for the
purposes of Part III, a value of the kind referred to in sub-paragraph 50 (1)
(a) (ii) has been or would be disregarded-$57,500; or
     (ii)  in any other case-$82,500.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 84
Provision of treatment

  84. (1) The Commission may arrange for the provision of treatment for
veterans and other persons eligible to be provided with treatment under this
Part-
  (a)  at a hospital or other institution operated by the Commission under
paragraph 89 (1) (a);
  (b)  at another hospital or other institution in accordance with
arrangements referred to in paragraph 89 (1) (b) or (c); or
  (c)  otherwise.
  (2) Subject to sub-section (3), the Commission shall not be taken to have
arranged for the provision of treatment for a person otherwise than at a
hospital or institution referred to in paragraph (1) (a) unless the Commission
approved the provision of the treatment before the treatment was given, or
commenced to be given, as the case may be.
  (3) Where the Commission is satisfied that treatment was provided, or
commenced to be provided, without the prior approval of the Commission, for an
injury suffered, or disease contracted by a person-
  (a)  at any time during the period from and including the date as from which
the person has become eligible to be provided with treatment for that injury
or disease to and including the date on which the determination was made by
virtue of which the person has become eligible to be provided with treatment
under this Part for that injury or disease; or
  (b)  in circumstances in which it would be proper for the Commission to

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approve provision of the treatment after it had been given or had commenced to
be given, the Commission may, in its absolute discretion, approve the
provision of that treatment and, if it does so, the Commission shall be deemed
to have arranged for the provision of that treatment.
  (4) Nothing in this Part shall be taken to-
  (a)  impose a duty on the Commission to arrange for the provision of; or
  (b)  confer a right on a person to be provided, under arrangements made by
the Commission, with, treatment for a particular injury or disease, treatment
of a particular kind for an injury or disease or treatment for an injury or
disease outside Australia.
  (5) Nothing in this Part shall be taken to confer on a person a right to be
provided with treatment for an injury or disease-
  (a)  by the Commonwealth; or
  (b)  by the Commission otherwise than to the extent that, and in a manner
that, it may be provided under arrangements made by, or with the approval of,
the Commission.
  (6) Subject to section 93, where a person, other than a person included in a
prescribed class of persons, is provided with treatment under section 87 or
88, the person is liable to pay to the Commonwealth in respect of that
treatment-
  (a)  unless paragraph (b) applies-charges in accordance with a scale of
charges determined by the Commission, by instrument in writing, being charges
based on charges payable for treatment as private patients in public hospitals
in Australia; or
  (b)  if the person is not ordinarily resident in Australia-the cost (as
determined by the Commission by instrument in writing) of and incidental to
that treatment.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 85
Veterans eligible to be provided with treatment

  85. (1) Where a determination under this Act is in force determining that an
injury suffered by a veteran is a war-caused injury or that a disease
contracted by a veteran is a war-caused disease, the veteran is eligible to be
provided with treatment under this Part for that injury or disease from and
including-
  (a)  the date as from which a pension, or increased pension, is granted to
the veteran under Part II in respect of his or her incapacity from that injury
or disease; or
  (b)  the date as from which such a pension or increased pension would have
been granted to the veteran if the extent of the incapacity of the veteran
from the injury or disease had not been insufficient to justify the grant of,
or increase of, a pension under Part II.
  (2) A veteran is eligible to be provided with treatment under this Part for
malignant neoplasia or pulmonary tuberculosis from and including the date that
is 3 months before the date on which the application to be provided with that
treatment is received at an office of the Department in Australia.
  (3) Where a veteran-
  (a)  is in receipt of a pension under Part II at the rate specified in
sub-section 22 (7) or at a higher rate; or
  (b)  is in receipt of a pension under Part II in respect of incapacity from
a war-caused injury or a war-caused disease of a kind described in column 1 of
the table in sub-section 27 (1), the veteran is eligible to be provided, from
and including the date as from which a pension is so payable to the veteran,
with treatment under this Part for any injury suffered, or disease contracted,
by the veteran, whether before or after the commencement of this Act.
  (4) Where-
  (a)  a veteran rendered, while a member of the Defence Force, continuous
full-time service during World War 1;
  (b)  a veteran was, while a member of the Defence Force, detained by the
enemy during a War to which this Act applies or while serving on operational
service; or
  (c)  the veteran is a person who was an eligible civilian within the meaning
of sub-section 5 (6) and was, while he or she was such a civilian, detained by
the enemy during World War 2, the veteran is eligible to be provided, from and
including the date on which the veteran's application to be provided with
treatment is received at an office of the Department in Australia, with
treatment under this Part for any injury suffered, or disease contracted, by
the veteran, whether before or after the commencement of this Act.
  (5) A veteran (not being a veteran who has been permanently blinded in both
eyes or a veteran who is a prescribed person) who is in receipt of a service
pension is, from and including-
  (a)  in a case where the annual rate of that pension is determined under, or
by reference to, paragraph 47 (5) (b)-the date as from which the veteran was
granted a service pension at a rate calculated, or the rate of the service
pension granted to the veteran was increased, on the basis that the value of
the veteran's property (calculated as provided by sub-sections 35 (12) and
(13) and section 50) was less than the prescribed property value applicable to
the veteran by virtue of section 83; or
  (b)  in any other case-the date as from which the veteran was granted a
service pension at a rate calculated, or the rate of the service pension
granted to the veteran was increased, on the basis that the annual rate of

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income of the veteran, calculated as provided by sub-section 35 (12) and
section 37, was less than the prescribed rate of income applicable to the
veteran by virtue of section 83, eligible to be provided with treatment under
this Part for any injury suffered, or disease contracted, by the veteran,
whether before or after the commencement of this Act.
  (6) Where a veteran in receipt of a service pension under Part III is
permanently blinded in both eyes, the veteran is, from and including the date
as from which the veteran was granted the service pension, or the date on
which the veteran became so blinded, whichever is the later date, eligible to
be provided with treatment under this Part for any injury suffered, or disease
contracted, by the veteran, whether before or after the commencement of this
Act.
  (7) Where a veteran-
  (a)  is in receipt of a pension under Part II at a rate not less than 50 per
centum of the rate specified in sub-section 22 (7); and
  (b)  is also in receipt of a service pension or a wife's service pension
under Part III, the veteran is, from and including-
  (c)  the date as from which that pension under Part II became so payable to
the veteran; or
  (d)  the date as from which that service pension or wife's service pension
became payable to the veteran, whichever is the later date, eligible to be
provided with treatment under this Part for any injury suffered, or disease
contracted, by the veteran, whether before or after the commencement of this
Act.
  (8) Where a service pension, or wife's service pension, is suspended, the
Commission may, by instrument in writing, determine, for the purposes of the
application of the provisions of this section to and in relation to the person
to whom the pension was granted, that that person shall be treated as if he or
she were continuing to receive that pension during the period, or a specified
part of the period, of the suspension.
  (9) Where-
  (a)  a veteran, while a member of the Defence Force, rendered continuous
full-time service outside Australia in the area described in item 4 or 8 of
Schedule 2 (in column 1) while that area was an operational area, whether or
not the veteran rendered that service-
      (i) as a member of a unit of the Defence Force that was allotted for
duty; or
     (ii) while allotted for duty,
    in that area; and
  (b)  the Commission is satisfied that the veteran requires urgent treatment
for an injury suffered, or disease contracted, by the veteran, whether before
or after the commencement of this Act, the veteran is eligible to be provided
with treatment under this Part for that injury or disease-
  (c)  at a hospital operated and maintained by the Commission, if the
Commission is satisfied that provision of that treatment will not adversely
affect the capacity of the Commission to provide treatment at that hospital
for veterans eligible to be provided with treatment by virtue of a preceding
sub-section or dependants of veterans eligible to be provided with treatment
by virtue of sub-section 86 (1), (2), (3) or (4);
  (d)  at a hospital in a country area of a State operated by that State,
being a hospital in respect of which the Commission has entered into
arrangements of a kind referred to in paragraph 89 (1) (b); or
  (e)  at a hospital in a Territory, being a hospital operated by the
Commonwealth or the Government of that Territory in respect of which the
Commission has entered into arrangements of a kind referred to in paragraph 89
(1) (b).
  (10) Where a veteran has been provided with treatment at a hospital under
sub-section (9) for an injury or disease, the Commission may provide further
treatment for that injury or disease otherwise than at a hospital of a kind
referred to in that sub-section if it is of the opinion that that further
treatment is desirable.
  (11) Where a veteran would, but for the operation of section 26 or 74, be in
receipt of a pension under Part II-
  (a)  at a rate referred to in paragraph (3) (a) or (7) (a) of this section;
or 
  (b)  in respect of incapacity of a kind referred to in paragraph (3) (b) of
this section, sub-section (3) or (7), as the case requires, of this section
applies to the veteran as if the veteran were in receipt of that pension.
  (12) Where a veteran is, under a preceding sub-section of this section,
eligible to be provided with treatment under this Part for an injury suffered,
or disease contracted, by the veteran from and including a particular date and
is also, under another preceding sub-section of this section, eligible to be
provided with treatment under this Part for that injury or disease from and
including an earlier date, the Commission may arrange for the veteran to be
provided with treatment for that injury or disease from and including that
earlier date.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 86
Dependants eligible to be provided with treatment

  86. (1) Where a determination under this Act is in force determining that
the death of a veteran is war-caused, a dependant of the deceased veteran is

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eligible to be provided with treatment under this Part for any injury
suffered, or disease contracted, by the dependant, whether before or after the
commencement of this Act.
  (2) A dependant of a deceased veteran is eligible to be provided with
treatment under sub-section (1)-
  (a)  if-
      (i) the deceased veteran was, immediately before the veteran's death,
in
receipt of a pension under Part II at the rate specified in sub-section 24 (4)
or at a rate that had been increased under section 27 by reason that the
veteran's pension was in respect of incapacity of a kind described in items 1,
2, 3, 4, 5, 6, 7 or 8 of the table in sub-section 27 (1); or
     (ii) a pension has been granted under Part II, after the death of the
veteran, in respect of the veteran at the rate specified in sub-section 24 (4)
or at a rate that had been increased under section 27 by reason that the
veteran's pension was in respect of incapacity of a kind described in items 1,
2, 3, 4, 5, 6, 7 or 8 of the table in sub-section 27 (1),
    from and including the day immediately following the day on which the
veteran died; or
  (b)  in any other case-from and including the date as from which a pension
is granted to the dependant of the deceased veteran under Part II.
  (3) A child of a deceased veteran who is in receipt of, is eligible to
receive or would, but for sub-section 13 (7), be eligible to receive a pension
under Part II by virtue of sub-section 13 (2) or (4) is eligible to be
provided with treatment under this Part for any injury suffered, or disease
contracted, by the child, whether before or after the commencement of this
Act.
  (4) A child of a deceased veteran is eligible to be provided with treatment
under sub-section (3) from and including-
  (a)  subject to paragraph (b)-the day (in this sub-section referred to as
the "relevant day") immediately following the day on which the veteran died;
or
  (b)  if the Commission is satisfied that the child was then being maintained
by a parent, adoptive parent or step-parent, the earliest day after the
relevant day as from which the Commission is satisfied that the child was not
being so maintained.
  (5) Where the Commission is satisfied that a dependant of a veteran referred
to in paragraph 85 (9) (a) requires urgent treatment for an injury suffered,
or disease contracted, by the dependant, whether before or after the
commencement of this Act, the dependant is eligible to be provided with
treatment under this Part for that injury-
  (a)  at a hospital operated and maintained by the Commission, if the
Commission is satisfied that provision of the treatment will not affect the
capacity of the Commission to provide treatment at that hospital for veterans
eligible to be provided with treatment by virtue of sub-section 85 (1), (2),
(3), (4), (5), (6), (7) or (8) or dependants of veterans eligible to be
provided with treatment by virtue of a preceding sub-section of this section;
or
  (b)  at a hospital in a country area of a State operated by that State,
being a hospital in respect of which the Commission has entered into
arrangements of a kind referred to in paragraph 89 (1) (b); or
  (c)  at a hospital in a Territory, being a hospital operated by the
Commonwealth or the Government of that Territory in respect of which the
Commission has entered into arrangements of a kind referred to in paragraph 89
(1) (b).
  (6) Where a dependant of a veteran has been provided with treatment at a
hospital under sub-section (5) for an injury or disease, the Commission may
provide further treatment for the dependant for that injury or disease
otherwise than at a hospital of a kind referred to in that sub-section if it
is of the opinion that that further treatment is desirable.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 87
Additional treatment for veterans

  87. (1) The Commission may provide, at a hospital or institution operated by
the Commission under paragraph 89 (1) (a), a veteran with treatment for any
injury suffered, or disease contracted, by the veteran notwithstanding that
the veteran is not eligible under section 85, to be provided with that
treatment under this Part if the Commission is satisfied that the provision of
the treatment will not adversely affect the capacity of the Commission to
provide treatment for veterans and dependants of veterans eligible to be
provided with treatment by virtue of section 85 or 86.
  (2) Where a veteran has been provided with treatment at a hospital or
institution under sub-section (1) for an injury or disease, the Commission may
provide further treatment for the veteran for that injury or disease otherwise
than at a hospital or institution operated by the Commission under paragraph
89 (1) (a) if it is of the opinion that that further treatment is desirable.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 88
Treatment for other persons

  88. (1) The Commission may provide, at a hospital or institution operated by
the Commission under paragraph 89 (1) (a), a person with treatment for any
injury suffered, or disease contracted, by the person, if the Commission is

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satisfied that the provision of that treatment will not adversely affect the
capacity of the Commission to provide treatment for veterans and dependants of
veterans eligible to be provided with treatment by virtue of section 85, 86 or
87.
  (2) Sub-section (1) does not apply in relation to the provision of treatment
by the Commission for an injury suffered or a disease contracted by a person
if treatment of the person for that injury or disease may be provided by the
Commission under another provision of this Part.
  (3) Where a person has been provided with treatment at a hospital or
institution under sub-section (1) for an injury or disease, the Commission may
provide further treatment for the person for that injury or disease otherwise
than at a hospital or institution operated by the Commission under paragraph
89 (1) (a) if it is of the opinion that that further treatment is desirable.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 89
Treatment at hospitals and other institutions

  89. (1) For the purposes of this Part, the Commission may-
  (a)  establish, operate and maintain hospitals or other institutions for the
care and welfare of persons eligible to be provided with treatment under this
Part;
  (b)  enter into arrangements with the appropriate authority of the
Commonwealth, a State or a Territory for the provision, at a hospital or other
institution operated by the Commonwealth, the State or the Government of the
Territory, as the case may be, of care and welfare for persons eligible to be
provided with treatment under this Part; and
  (c)  enter into arrangements with the body (other than an authority referred
to in paragraph (b)) operating a hospital or other institution for the
provision, at that hospital or institution, of care and welfare for persons
eligible to be provided with treatment under this Part.
  (2) In sub-section (1) a reference to a hospital or other institution shall
be read as including a reference to a home, a hostel, a medical centre, an
out-patient clinic and a rehabilitation or training establishment.
  (3) The provisions of a relevant law of a State or Territory apply, with
such modifications (if any) as are prescribed, to and in relation to a person
(whether appointed or employed under the Public Service Act 1922 or not) who
is employed, or provides services, at a hospital or other institution
established, operated or maintained by the Commission under paragraph (1) (a)
that is situated in the State or Territory.
  (4) In sub-section (3), "relevant law", in relation to a State or Territory,
means-
  (a)  a law of a State or Territory that came into operation before, or comes
into operation after, the commencement of this Act; or
  (b)  such a law of a State or Territory, as amended and in force from time
to time, that is declared by the regulations to be a relevant law for the
purposes of that sub-section.
  (5) Nothing in sub-section (3) shall be taken to affect the operation of a
law of a State or Territory that is not a relevant law of that State or
Territory.
  (6) The regulations may provide that the provisions of a law of a State or
Territory, as in force at a particular time, or as in force from time to time,
apply, in accordance with their tenor, to and in relation to-
  (a)  a hospital or other institution operated and maintained by the
Commission under paragraph (1) (a) in that State or Territory; or
  (b)  to the Commonwealth place in that State or Territory where that
hospital or institution is situated.
  (7) Sub-section (6) does not apply to the provisions of a law of a State
that apply to the Commonwealth place referred to in paragraph (6) (b) by
virtue of the Commonwealth Places (Application of Laws) Act 1970.
  (8) The regulations may provide that such of the provisions referred to in
sub-section (6) as are specified in the regulations apply with such
modifications, being modifications necessary or convenient to enable the
applied provisions to operate in or in relation to that hospital, institution
or Commonwealth place.
  (9) In this section-
  "Commonwealth place", in relation to a hospital or other institution, means
the land on which the hospital or institution is erected and other land
surrounding that land or adjacent to that land used in connection with, or for
the purposes of, the hospital or institution, being land with respect to which
the Parliament, by virtue of section 52 of the Constitution, has, subject to
the Constitution, power to make laws for the peace, order and good government
of the Commonwealth;
  "modification" includes the omission or addition of a provision or the
substitution of a provision for another provision.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 90
Guide to the provision of treatment

  90. (1) The Commission may, from time to time, prepare a written document,
to be known as the "Treatment Principles", setting out circumstances in which,
and conditions subject to which, treatment of a particular kind, or included
in a particular class of treatment, may be provided under this Part for, or in
respect of, eligible persons-
  (a)  by the Commission at a hospital or other institution operated by the

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Commission;
  (b)  at a hospital or other institution in respect of which the Commission
has entered into arrangements under paragraph 89 (1) (b) or (c); or
  (c)  otherwise under this Part.
  (2) Without limiting the generality of sub-section (1), a document referred
to in that sub-section may specify kinds or classes of treatment that will not
be provided for, or in respect of, eligible persons under this Part, or will
not be so provided at places, or in circumstances, specified or described in
the document.
  (3) The provisions of the approved Treatment Principles are binding on the
Commission in the exercise by it of its powers and discretions under this
Part.
  (4) The Commission may, from time to time, by instrument in writing, vary or
revoke the document prepared by it in accordance with sub-section (1).
  (5) A document prepared by the Commission in accordance with sub-section
(1), and an instrument under sub-section (3), have no force or effect unless
and until approved by the Minister.
  (6) When a document prepared by the Commission in accordance with
sub-section (1), or an instrument under sub-section (4) has been approved by
the Minister, the Commission shall furnish copies of the document or
instrument to the Minister and the Minister shall cause copies to be laid
before each House of the Parliament within 15 sitting days of that House after
the Minister receives those copies.
  (7) The Commission shall make copies of the approved Treatment Principles
available upon application and payment of the prescribed fee (if any).
  (8) In this section "eligible person" means a person eligible under section
85, 86, 87 or 88 to be provided with treatment.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 91
Pharmaceutical benefits

  91. (1) The Commission may, from time to time, by instrument in writing,
prepare a scheme for the provision of pharmaceutical benefits to persons
eligible to be provided with treatment under this Part.
  (2) The Commission may, from time to time, by instrument in writing, vary or
revoke an instrument prepared in accordance with sub-section (1).
  (3) A scheme prepared by the Commission under sub-section (1), and an
instrument under sub-section (2), have no force or effect unless and until
approved by the Minister.
  (4) When an instrument prepared by the Commission in accordance with
sub-section (1), or an instrument under sub-section (2), has been approved by
the Minister, the Commission shall furnish copies of the instrument to the
Minister and the Minister shall cause copies to be laid before each House of
the Parliament within 15 sitting days of that House after the Minister
receives those copies.
  (5) The Commission shall make copies of a scheme prepared in accordance with
sub-section (1) that has been approved by the Minister, and of any variations
of such a scheme that have been so approved, available upon application and
payment of the prescribed fee (if any).
  (6) Where the Pharmaceutical Benefits Remuneration Tribunal established
under the National Health Act 1953 is holding, or proposes to hold, an inquiry
under that Act to ascertain whether the Commonwealth price of all or any
pharmaceutical benefits under that Act should be varied, the Minister may
request that Tribunal to extend its inquiry to include the question whether
the prices payable to pharmaceutical chemists in respect of the supply by
them, in accordance with an approved scheme, of pharmaceutical benefits of the
kinds specified by the Minister in his or her request should be varied and,
where such a request is made, the Tribunal shall comply with the request.
  (7) After completion of an inquiry referred to in sub-section (6), the
Pharmaceutical Benefits Remuneration Tribunal shall submit to the Minister-
  (a)  the recommendations of the Tribunal on the question the subject of the
request made by the Minister under sub-section (6); and
  (b)  where the Tribunal has submitted to the Minister administering Part VII
of the National Health Act 1953 a report in connection with that inquiry-a
copy of that report.
  (8) Where the Pharmaceutical Benefits Remuneration Tribunal submits to the
Minister the recommendations and copy of a report referred to in sub-section
(7), the Commission may prepare an instrument under sub-section (2) varying
the approved scheme under sub-section (1) in such manner as it considers
desirable as a result of its consideration of those recommendations and that
report.
  (9) In this section-
  "approved scheme" means a scheme prepared under sub-section (1) and approved
by the Minister under sub-section (3) or, if the scheme so approved has been
varied by the Commission and the variation has been approved by the Minister,
the scheme as so varied;
  "pharmaceutical benefits" means drugs, medicinal preparations and other
pharmaceutical items (including aids to treatment and dressings) for the
treatment of sicknesses or injuries suffered by human beings.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 92
Counselling services

  92. The Commission may, with the approval of the Minister, arrange for the

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provision of counselling services for veterans and dependants of veterans.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 93
Recovery of cost of treatment

  93. (1) In this section-
  "compensation", in relation to a person who is being, or has been, provided
with treatment by the Commission under this Part, means an amount that is by
way of compensation or damages, or is, in the opinion of the Commission, in
the nature of compensation or damages, in respect of the disease, disability
or condition by reason of which that treatment is being, or has been,
provided, but does not include an amount for which the person has made
contributions;
  "cost", in relation to treatment provided by the Commission under this Part,
means the cost (as determined by the Commission by instrument in writing) of
and incidental to that treatment.
  (2) Where a person (in this section referred to as the "patient") who is
being, or has been, provided with treatment under this Part recovers or
receives compensation from another person, the patient is liable under this
sub-section to pay to the Commonwealth an amount equal to the cost of the
treatment so provided or, if the Commission, by notice in writing served on
the patient, notifies the patient that payment of a lesser amount is claimed
by the Commission, that lesser amount.
  (3) The Commission may, by notice in writing served on a person (in this
section referred to as the "person liable to pay compensation") who is liable
to pay compensation to, or for the benefit of, the patient, inform the person
liable to pay compensation that the Commonwealth proposes to recover from him
or her the cost of the treatment provided by the Commission for the patient
under this Part.
  (4) The Commission may, by the same notice or in a subsequent notice in
writing served on the person liable to pay compensation, specify-
  (a)  the cost of the treatment that is being, or has been, provided by the
Commission for the patient under this Part; and
  (b)  the amount (not exceeding the amount of that cost) payment of which is
claimed by the Commonwealth, and, thereupon, the person liable to pay
compensation becomes liable under this sub-section to pay to the Commonwealth
the amount so specified or the amount of the compensation, whichever is the
less.
  (5) Where-
  (a)  a notice under sub-section (3) is served on the person liable to pay
compensation; and
  (b)  the notice does not specify the matters referred to in paragraphs (4)
(a) and (b), the person shall not, until served with a notice under
sub-section (4), pay the compensation, or any part of the compensation, to, or
for the benefit of, the patient without the permission of the Commission.
  (6) Payment of an amount to the Commonwealth under sub-section (4) operates,
to the extent of the payment, as a discharge to the person liable to pay
compensation of the person's liability to pay compensation to the person
entitled to receive the compensation.
  (7) The Commonwealth may recover in a court of competent jurisdiction an
amount that a person is liable to pay to the Commonwealth under sub-section
(2) or (4).
  (8) The reference in sub-section (2) to another person, and the reference in
sub-section (3) to a person (first occurring), include a reference to the
Commonwealth, a State, a Territory or an authority of the Commonwealth, a
State or a Territory.
  (9) The reference in sub-section (3) to a person who is liable to pay
compensation to, or for the benefit of, the patient includes a reference to an
insurer who, under a contract of insurance, is liable to indemnify the person
liable to pay compensation against that liability.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART VI
                   PART  VI-ALLOWANCES  AND  OTHER  BENEFITS


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1
                             Division 1-Preliminary


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 94
Interpretation

  94. In this Part, unless the contrary intention appears-
  (a)  a reference to a hospital or other institution shall be read as
including a reference to a home, a hostel, a medical centre, an out-patient
clinic and a rehabilitation or training establishment; and
  (b)  "treatment" has the same meaning as it has in Part V.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 95
Prescribed persons

  95. A person who is a prescribed person for the purpose of Part V is a
prescribed person for the purposes of this Part.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 96
Application

  96. (1) Without prejudice to its effect apart from this section, this Part
has effect in relation to a person who is, or has been-
  (a)  a member of the Forces as defined by sub-section 68 (1); or
  (b)  a member of a Peacekeeping Force as defined by sub-section 68 (1), and
in relation to a dependant of such a person who has died, in like manner as it

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has effect in relation to a veteran and a dependant of a deceased veteran,
respectively.
  (2) For the purpose only of applying this Part as provided in sub-section
(1)- 
  (a)  a reference in this Part to a veteran shall be read as a reference to a
member of the Forces, or a member of a Peacekeeping Force, as defined by
sub-section 68 (1);
  (b)  a reference in this Part to a war-caused injury shall be read as a
reference to a defence-caused injury;
  (c)  a reference in this Part to a war-caused disease shall be read as a
reference to a defence-caused disease;
  (d)  a reference in this Part to the death of a veteran that was war-caused
shall be read as a reference to the death of a member of the Forces, or a
member of a Peacekeeping Force, as defined by sub-section 68 (1), that was
defence-caused;
  (e)  a reference in this Part to a pension under Part II shall be read as a
reference to a pension under Part IV;
  (f)  the references in sub-paragraph 102 (1) (b) (ii) and sub-sections 107
(5) and (6) and 108 (8) and (9) to section 26 shall be read as references to
section 26 (in its application to pensions under Part IV) or sub-section 74
(8); and
  (g)  a reference in this Part to a claim or application under Part II shall
be read as a reference to a claim or application made under section 14 or 15,
in its application to pensions under Part IV.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2
            Division 2-Eligibility for allowances and other benefits


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 97
Clothing allowance

  97. (1) Where a veteran is being paid a pension under Part II in respect of
incapacity from a war-caused injury or a war-caused disease of a kind
described in column 1 of the following table, the Commission may grant to the
veteran an allowance, called clothing allowance, at the rate specified in
column 2 of that table opposite to the description of that kind of incapacity
in column 1:
------------------------------------------------------------------------------
-- 
Column 1                                                                Column
2 
                                                                        Rate
per Kinds of incapacity
fortnight
------------------------------------------------------------------------------
-- 
$ 1.  One leg and one arm amputated .................................
4.90 2.  One leg or one arm amputated ..................................
2.30 3.  Both legs or both arms amputated ..............................
3.20 4.  One leg amputated, causing essential hip disarticulation ......
3.20 5.  Blinded in both eyes ..........................................
2.30
------------------------------------------------------------------------------
-- 
  (2) Where the Commission is satisfied that it is necessary for a veteran who
is being paid a clothing allowance under sub-section (1) by reason of a kind
of incapacity described in item 2, 3 or 4 (in column 1) of the table in
sub-section (1) to use a crutch or crutches in addition to any artificial aid,
that sub-section has effect as if the rate specified in that item (in column
2) were $4.90 per fortnight.
  (3) Where-
  (a)  a veteran is being paid a pension under Part II in respect of
incapacity from a war-caused injury or a war-caused disease of a kind other
than a kind described in column 1 of the table in sub-section (1); and
  (b)  exceptional wear and tear, or exceptional damage, to the clothing of
the veteran occurs by reason of the kind of incapacity from which the veteran
is suffering, the Commission may grant to the veteran a clothing allowance at
such rate, not exceeding $2.30 per fortnight, as the Commission deems fit.
  (4) Where a veteran is granted a clothing allowance under sub-section (1)
and is also granted a clothing allowance under sub-section (3), clothing
allowance shall be paid to the veteran at a rate per fortnight equal to the
sum of-
  (a)  the rate per fortnight at which the allowance was granted under
sub-section (1); and
  (b)  the rate per fortnight at which the allowance was granted under
sub-section (3).
  (5) For the purpose of this section-
  (a)  amputation of a hand of a veteran shall be treated as amputation of an
arm of the veteran; and
  (b)  amputation of a foot of a veteran shall be treated as amputation of a
leg of the veteran.
  (6) Clothing allowance may be paid to a veteran by fortnightly instalments,
or in such other manner as is determined by the Commission, but the amount, or

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sum of the amounts, of clothing allowance paid to a veteran in any period of
12 consecutive months shall not exceed an amount equal to the sum of 26
fortnightly instalments.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 98
Attendant allowance

  98. (1) Where a veteran is being paid a pension under Part II in respect of
incapacity from a war-caused injury or a war-caused disease of a kind
described in column 1 of the following table, the Commission may grant to the
veteran an allowance, called attendant allowance, at the rate specified in
column 2 of that table opposite to the description of that kind of incapacity
in column 1, for or towards the cost of the services of an attendant to assist
the veteran:
------------------------------------------------------------------------------
-- 
Column 1                                                                Column
2 
                                                                        Rate
per Kinds of incapacity
fortnight
------------------------------------------------------------------------------
-- 
$ 1.  Blinded in both eyes ..........................................
57.40 2.  Blinded in both eyes together with total loss of speech or total
deafness ..........................................................
114.80 3.  Both arms amputated ...........................................
114.80 4.  Both legs amputated and one arm amputated .....................
57.40 5.  Both legs amputated at the hip or one leg amputated at the hip and
the other leg amputated in the upper third ....................        57.40
------------------------------------------------------------------------------
-- 
  (2) Where-
  (a)  a veteran is being paid a pension under Part II in respect of
incapacity- 
      (i)  from a war-caused injury or a war-caused disease affecting the
cerebro-spinal system; or
     (ii)  from a war-caused injury or a war-caused disease that has caused a
condition similar in effect or severity to an injury or disease affecting the
cerebro-spinal system; and
  (b)  the Commission is of the opinion that the veteran has a need for the
services of an attendant to assist the veteran, the Commission may grant to
the veteran an allowance, called attendant allowance, at the rate of $57.40
per fortnight, for or towards the cost of the services of an attendant to
assist the veteran.
  (3) For the purposes of the application of the table in sub-section (1) to
and in relation to a veteran, a leg, foot, hand or arm that has been rendered
permanently and wholly useless shall be treated as having been amputated.
  (4) Where a veteran is cared for, at public expense, in a public hospital or
other public institution, attendant allowance is not payable to the veteran in
respect of the period commencing on the first pension pay-day occurring after
the veteran commences to be so cared for and ending on the day on which the
veteran ceases to be so cared for.
  (5) Where the Commission makes a decision with respect to an application for
attendant allowance under this section, section 34 applies to and in relation
to the decision in like manner as it applies to and in relation to a decision
with respect to a claim for pension in accordance with section 14.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 99
Funeral benefits-veterans

  99. (1) The Commission may grant a benefit, called a funeral benefit,
towards the funeral expenses incurred in respect of the funeral of-
  (a)  a veteran whose death was war-caused;
  (b)  a veteran who, immediately before his or her death, was being paid
pension under Part II as a veteran to whom section 24 applied;
  (c)  a veteran who, immediately before his or her death, was being paid
pension under Part II at a rate that had been increased under section 27 by
reason that the veteran was incapacitated from a war-caused injury or a
war-caused disease of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the
table in sub-section 27 (1);
  (d)  a veteran who has died in indigent circumstances; or
  (e)  subject to sub-section (3), a veteran who has died-
      (i) in an institution;
     (ii) while travelling to or from an institution;
     (iii) after having been discharged from an institution in which the
veteran was being treated for a terminal illness; or
     (iv) while being treated for a terminal illness at the veteran's home
instead of at an institution.
  (2) Where-
  (a)  a pension in respect of the incapacity of a veteran from war-caused
injury or war-caused disease, or both, is granted, after the death of the
veteran, as from a date before the death of the veteran; or
  (b)  the rate of a pension granted to a veteran in respect of war-caused

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injury or war-caused disease, or both, is increased, after the death of the
veteran but as from a date before the death of the veteran, sub-section (1)
applies as if the veteran had been in receipt of that pension, or of pension
at that increased rate, as the case may be, immediately before the veteran
died.
  (3) A funeral benefit shall not be granted under sub-section (1) in respect
of a veteran described in paragraph (1) (e)-
  (a)  if the veteran died in an institution-unless the Commission has
approved the admission of the veteran to the institution for treatment;
  (b)  if the veteran died while travelling to or from an institution-unless
the Commission has approved the provision of treatment for the veteran at that
institution;
  (c)  if the veteran has been discharged from an institution in which the
veteran was being treated for a terminal illness-unless the Commission has
approved his or her discharge from the institution; or
  (d)  if the veteran died while being treated for a terminal illness at the
veteran's home-unless the Commission has approved his or her being so treated.
  (4) A funeral benefit under this section in respect of a deceased veteran
consists of-
  (a)  a sum of $550 or an amount equal to the amount paid or payable in
respect of the funeral of the deceased veteran, whichever is the less; and
  (b)  subject to sub-section (5), if-
      (i) the veteran died at a place other than the veteran's ordinary place
of residence;
     (ii) the veteran was absent from the veteran's ordinary place of
residence
for the purpose of obtaining medical treatment;
     (iii) the Commission has approved the provision of that medical
treatment;
and
     (iv) a charge was made by the funeral director expressly for
transporting
the body of the deceased veteran from the place where the veteran died to the
place where the veteran ordinarily resided immediately before the veteran
died,
    a sum equal to a reasonable charge for so transporting the body of the
deceased veteran.
  (5) Paragraph (4) (b) does not apply-
  (a)  in respect of the funeral of a deceased veteran if funeral benefit is
payable under sub-section (1) only by reason that the veteran died in indigent
circumstances; or
  (b)  to a charge made by a funeral director for transporting the body of the
deceased veteran outside Australia or from one place in the metropolitan area
of a capital city to another place in the metropolitan area of that city.
  (6) For the purposes of sub-paragraph (4) (b) (ii), but without limiting the
generality thereof, a person shall be deemed to be absent from the veteran's
ordinary place of residence for the purpose of obtaining medical treatment-
  (a)  if the veteran is travelling from his or her ordinary place of
residence for the purpose of obtaining medical treatment;
  (b)  if the veteran is returning to his or her ordinary place of residence
after having obtained medical treatment;
  (c)  if the veteran is being provided with medical treatment at a place
other than his or her ordinary place of residence; or
  (d)  if the veteran is away from his or her ordinary place of residence on
the recommendation of his or her doctor by way of treatment for an injury or
disease.
  (7) In paragraph (4) (a), the amount paid or payable in respect of the
funeral of a deceased veteran means, in a case where the deceased veteran was,
immediately before his or her death, a member of a contributory funeral
benefit fund, the amount by which the cost of the funeral exceeds the amount
of the benefit payable from that fund in relation to the deceased veteran.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 100
Funeral benefits-dependants of deceased veterans

  100. (1) Where a dependant of a deceased veteran, being-
  (a)  a veteran whose death was war-caused;
  (b)  a veteran who, immediately before his or her death, was being paid
pension under Part II as a veteran to whom section 24 applied; or
  (c)  a veteran who, immediately before his or her death, was being paid
pension under Part II at a rate that had been increased under section 27 by
reason that the veteran was incapacitated from a war-caused injury or a
war-caused disease of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the
table in sub-section 27 (1), has died in indigent circumstances, the
Commission may grant a benefit, called funeral benefit, towards the funeral
expenses incurred in respect of the funeral of the dependant.
  (2) A funeral benefit under this section in respect of a deceased dependant
of a deceased veteran is a sum of $550 or an amount equal to the amount paid
or payable in respect of the funeral of the deceased dependant, whichever is
the less.
  (3) In sub-section (2), the amount paid or payable in respect of the funeral
of a deceased dependant means, in a case where the dependant was, immediately

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before his or her death, a member of a contributory funeral benefit fund, the
amount by which the cost of the funeral exceeds the amount of the benefit
payable from that fund in relation to the deceased dependant.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 101
Funeral benefits-service pensioners

  101. (1) In this section-
  "deceased pensioner" means a deceased person-
     (a)  who, immediately before his or her death, was in receipt of a
service
pension under section 38 or 39;
     (b)  who had, before his or her death, made a claim for service pension
under section 43 and would, but for his or her death, have been granted a
service pension under section 38 or 39; or
     (c)  who-
         (i) had, before his or her death, made a claim for an allowance
under
section 9 of the Tuberculosis Act 1948 and would, but for his or her death,
have been granted such an allowance; and
        (ii) would, if the person had, before his or her death, made a claim
for service pension under section 43 of this Act instead of a claim under
section 9 of the Tuberculosis Act 1948, been granted a service pension under
section 38 or 39 of this Act,
    other than such a deceased person who was, immediately before he or she
died, a prescribed person;
  "pensioner" means a person-
     (a)  who is in receipt of a service pension under section 38 or 39; or
     (b)  who is in receipt of an allowance under section 9 of the
Tuberculosis
Act 1948 and would, but for being in receipt of that allowance, be eligible to
be paid a service pension under section 38 or 39 of this Act,
    but does not include a person who is a prescribed person.
  (2) Where an amount has been paid, or is payable, out of a contributory
funeral benefit fund in relation to the funeral of a deceased person, this
section applies as if-
  (a)  a reference to the cost of the funeral of the deceased person were read
as a reference to the amount by which the cost of the funeral of the deceased
person exceeds the amount so payable from that fund; and
  (b)  the sum so paid or payable out of that fund were deemed not to be a sum
paid or liable to be paid in respect of the cost of the funeral of the
deceased person.
  (3) Subject to sub-section (10), the Commission may grant a benefit, called
a funeral benefit, to a pensioner who has paid, or is liable to pay, a sum in
respect of the cost of the funeral of a deceased person, being-
  (a)  the deceased spouse of the pensioner;
  (b)  a deceased child of the pensioner; or
  (c)  another pensioner, if the pensioner was a pensioner at the time of the
death of the person or became a pensioner within 6 months after the death of
the person.
  (4) In the application of sub-section (3)-
  (a)  a reference in that sub-section (other than in paragraph (3) (c)) to a
pensioner shall be read as including a reference to a person in receipt of a
wife's service pension under section 40 or a carer's service pension under
section 41, other than such a person who is a prescribed person; and
  (b)  a reference in paragraph (3) (b) to a deceased child of the pensioner
shall be read as a reference-
      (i) if the pensioner is a person in receipt of a service pension, a
wife's service pension or a carer's service pension-to a person who was,
immediately before the person's death, a child of the pensioner within the
meaning of section 10; or
     (ii) in any other case-to a deceased child of the pensioner for the
purposes of Part IVA of the Social Security Act 1947.
  (5) Subject to sub-section (10), the Commission may grant a funeral benefit
to a person (not being a person who is a prescribed person) who has paid, or
is liable to pay, a sum in respect of the cost of the funeral of a deceased
pensioner if the person was, on the date of the death of the pensioner, in
receipt of an age pension, an invalid pension, a wife's pension or a widow's
pension under the Social Security Act 1947 or commenced to receive such a
pension from a date not later than 6 months after the date of the death of the
pensioner.
  (6) A funeral benefit granted to a person under sub-section (3) or (5) in
respect of the cost of the funeral of a deceased person is-
  (a)  an amount of $40; or
  (b)  an amount equal to the amount that the person has paid, or is liable to
pay, in respect of the cost of that funeral, whichever is the lesser amount,
less the amount of the funeral benefit (if any) granted under sub-section (7)
in respect of the cost of that funeral.
  (7) Where a person who has paid, or is liable to pay, a sum in respect of
the cost of the funeral of a deceased pensioner is not eligible to be granted
a funeral benefit under sub-section (3) or (5) in relation to the funeral, the
Commission may, subject to sub-sections (9) and (10), grant a funeral benefit

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to the person under this sub-section.
  (8) A funeral benefit granted to a person under sub-section (7) in respect
of the funeral of a deceased person is-
  (a)  an amount of $20; or
  (b)  an amount equal to the amount that the person has paid, or is liable to
pay, in respect of the cost of that funeral, whichever is the lesser amount.
  (9) A funeral benefit shall not be granted to a person under sub-section (7)
in respect of the cost of the funeral of a deceased pensioner-
  (a)  if a funeral benefit has previously been granted under sub-section (3)
or (5) in respect of the cost of that funeral; or
  (b)  if the person has paid, or is liable to pay, the sum in respect of the
cost of that funeral out of a contributory funeral benefit fund.
  (10) A funeral benefit shall not be granted under sub-section (3), (5) or
(7) in respect of the cost of the funeral of a deceased person if a funeral
benefit has been granted under section 99 or 100 of this Act, or under the
Social Security Act 1947, in respect of the funeral.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 102
Decoration allowance

  102. (1) Subject to this section, the Commission may grant an allowance,
called decoration allowance, to a veteran who has been awarded any one or more
of the decorations specified in sub-section (5) if the veteran-
  (a)  is in receipt of a pension under Part II; or
  (b)  would be in receipt of a pension under Part II but for-
      (i) the cancellation, under sub-section 124 (1), of a pension that had
been granted to the veteran under Part II; or
     (ii) section 26.
  (2) Where a veteran who has been granted a decoration allowance under
sub-section (1) is paid an amount by way of gratuity by Australia, a State or
an overseas country in respect of the award to the veteran of a decoration
specified in sub-section (5), decoration allowance is not payable to the
veteran under this section on and after the date on which that gratuity is
paid to the veteran until the sum of the amounts of decoration allowance that
would, but for this sub-section, have been payable to the veteran, equals or
exceeds the amount so paid to the veteran by way of gratuity.
  (3) Decoration allowance is not payable to a veteran under this section in
respect of any period in respect of which the veteran is entitled to be paid,
by Australia or an overseas country, an allowance or annuity that is of a
similar kind to decoration allowance payable under this section.
  (4) Decoration allowance granted to a veteran under this section is payable
at the rate of $2 per fortnight.
  (5) The decorations specified in this sub-section are-
  (a)  the following decorations awarded for gallantry during a war to which
this Act applies or during warlike operations:
      (i)  the Victoria Cross;
     (ii)  the Cross of Valour;
     (iii)  the Star of Courage;
     (iv)  the Distinguished Service Order;
     (v)  the Distinguished Service Cross;
     (vi)  the Military Cross;
    (vii)  the Distinguished Flying Cross;
     (viii)  the Distinguished Conduct Medal;
     (ix)  the Conspicuous Gallantry Medal;
     (x)  the Distinguished Service Medal;
     (xi)  the Military Medal;
    (xii)  the Distinguished Flying Medal;
  (b)  the George Cross; and
  (c)  the George Medal.
  (6) A reference in this section to a decoration specified in sub-section (5)
shall be read as not including a reference to a bar to such a decoration.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 103
Victoria Cross allowance

  103. (1) Subject to this section, the Commission may grant an allowance,
called Victoria Cross allowance, to a veteran who has been awarded the
Victoria Cross.
  (2) Victoria Cross allowance granted to a veteran under this section is in
addition to any decoration allowance that has been or may be granted to the
veteran under section 102.
  (3) Victoria Cross allowance is not payable to a veteran in respect of any
period in respect of which the veteran is entitled to be paid, by Australia or
an overseas country, an allowance or annuity that is of a similar kind to
Victoria Cross allowance payable under this section.
  (4) Victoria Cross allowance granted to a veteran under this section is
payable at the rate of $250 per year.
  (5) In this section, a reference to the award of the Victoria Cross shall be
read as not including a reference to the award of a bar to the Victoria Cross.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 104
Recreation transport allowance

  104. (1) Subject to this section, the Commission may grant an allowance,
called recreation transport allowance, to a veteran who is suffering an
incapacity from a war-caused injury or a war-caused disease of a kind

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described in column 1 of the following table:
------------------------------------------------------------------------------
-- Column 1
Column 2 
                                                                        Rate
per Description of incapacity
fortnight
------------------------------------------------------------------------------
-- 
$ 
 1.  Both legs amputated above the knees ..........................
30.40 
 2.  Negligible powers of locomotion so as to be capable of moving, with the
aid of crutches or walking sticks, for short distances only
..............................................................        30.40
 3.  Handicapped with regard to locomotion to a degree that, in the opinion of
the Commission, is similar to the degree of handicap with regard to locomotion
associated with a disability described in item 1 or 2
............................................................        30.40
 4.  Both arms amputated at or above the wrists ...................
15.20 
 5.  Both legs amputated below the knees ..........................
15.20 
 6.  One leg amputated above the knee and the other below the knee
15.20 
 7.  One leg amputated above or below the knee and one arm amputated below the
elbow ...................................................        15.20
 8.  Blinded in both eyes .........................................
15.20 
 9.  Incapacitated to an extent that, in the opinion of the Commission, is
similar in effect or severity to the extent of incapacity associated with a
disability described in item 4, 5, 6, 7 or 8
..............................................................        15.20
10. Handicapped with regard to locomotion to a degree that, in the opinion of
the Commission, is similar in degree to the handicap with regard to locomotion
associated with a disability described in item 5, 6, 7 or 8
......................................................        15.20
------------------------------------------------------------------------------
-- (2) For the purposes of sub-section (1)-
  (a)  a leg that has been rendered permanently and wholly useless above the
knee or below the knee shall be treated as if it had been amputated above the
knee or below the knee, as the case may be; and
  (b)  an arm that has been rendered permanently and wholly useless at or
above the wrist or below the elbow, shall be treated as if it had been
amputated at or above the wrist, or below the elbow, as the case may be.
  (3) Recreation transport allowance is payable to a veteran, in respect of
the costs incurred by the veteran in travelling for recreational purposes, at
the rate specified in column 2 of the table in sub-section (1) opposite to the
kind of incapacity described in column 1 from which the veteran is suffering.
  (4) Recreation transport allowance is not payable to a veteran under
sub-section (1) in respect of any period-
  (a)  during which the veteran is being cared for, at public expense, in a
public hospital or other public institution; or
  (b)  in respect of which the veteran is paid an allowance under section 105.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 105
Vehicle assistance scheme

  105. (1) The Commission may, by instrument in writing, prepare a scheme,
called the Vehicle Assistance Scheme, for the provision of motor vehicles to
veterans eligible under this section to participate in the scheme and for the
payment of allowances towards the cost of running and maintaining vehicles so
provided.
  (2) The Commission may, by instrument in writing, vary or revoke a scheme
prepared under sub-section (1) and approved under sub-section (3).
  (3) A scheme prepared by the Commission under sub-section (1), and an
instrument varying or revoking such a scheme, have no force or effect unless
approved by the Minister.
  (4) Where a scheme prepared by the Commission in accordance with sub-section
(1), or an instrument under sub-section (2), has been approved by the
Minister, the Commission shall furnish copies of the scheme or instrument to
the Minister, and the Minister shall cause copies to be laid before each House
of the Parliament within 15 sitting days of that House after the Minister
received those copies.
  (5) A veteran is, subject to sub-section (7), eligible to participate in the
Vehicle Assistance Scheme if the veteran is incapacitated from war-caused
injury or war-caused disease by reason of-
  (a)  amputation of both legs above the knee;
  (b)  amputation of one leg above the knee and, in addition-
      (i)  amputation of the other leg at or above the ankle and amputation
of
one arm at or above the wrist; or

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     (ii)  amputation of both arms at or above the wrists;
  (c)  complete paraplegia resulting in the total loss of voluntary power in
both legs to the extent that there is insufficient power for purposeful use
for stance or locomotion; or
  (d)  a condition that, in the opinion of the Commission, is similar in
effect or severity to a condition described in paragraph (a) or (b).
  (6) The Commission may provide benefits for veterans eligible to participate
in the Vehicle Assistance Scheme under and in accordance with the provisions
of that Scheme.
  (7) For the purposes of sub-section (5)-
  (a)  a leg that has been rendered permanently and wholly useless above the
knee shall be treated as if it had been amputated above the knee;
  (b)  a veteran shall not be taken to be incapacitated by reason of the
disability described in paragraph (5) (c) unless the disability is such that
surgical or other therapeutic measures are not reasonably capable of restoring
power for purposeful use for stance or locomotion; and
  (c)  a reference to the Vehicle Assistance Scheme shall, unless the contrary
intention appears, be read as a reference to-
      (i)  the Vehicle Assistance Scheme prepared under sub-section (1) and
approved by the Minister, but not being such a Scheme that has been revoked;
or
     (ii)  if that Scheme has been varied under sub-section (2) by an
instrument approved by the Minister-that Scheme as so varied.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 106
Special assistance

  106. (1) Subject to sub-section (2), the Commission may, in such
circumstances, and subject to such conditions (if any), as are prescribed, in
its discretion, grant to a veteran, or to a dependant of a veteran or deceased
veteran, assistance or benefits of such a kind, and of such an amount or
value, as it deems fit in all the circumstances of the case.
  (2) The Commission shall not grant assistance or benefits to a person under
sub-section (1) in circumstances in which the person is eligible to be granted
an allowance or assistance under another provision of this Act.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 107
Temporary incapacity allowance

  107. (1) The Commission may grant an allowance, called temporary incapacity
allowance, to a veteran who is admitted to a hospital or other institution for
treatment in respect of a war-caused injury or a war-caused disease if the
conditions specified in sub-section (2) are fulfilled in relation to the
incapacity of the veteran.
  (2) The conditions referred to in sub-section (1) in relation to an
incapacity of a veteran from a war-caused injury or a war-caused disease are-
  (a)  that the veteran has undergone treatment for the incapacity as an
inpatient of a hospital or other institution;
  (b)  that, for a continuous period in excess of 4 weeks (being a period
commencing on the date on which the veteran was admitted to that hospital or
other institution for treatment for that incapacity), the veteran has
undergone treatment for that incapacity either as an inpatient of, or after
discharge from, that hospital or other institution or has undergone rest and
recuperation, after the completion of that treatment, on the recommendation of
a medical practitioner; and
  (c)  that, by reason of that treatment, or of that treatment and that rest
and recuperation, the veteran was incapable, during a period (in this section
referred to as the "relevant period applicable to the incapacity"), being the
whole or part of the continuous period referred to in paragraph (b), of
continuing to undertake remunerative work that the veteran would have
continued to undertake but for that treatment or that treatment and that rest
and recuperation, as the case may be.
  (3) The condition specified in paragraph (2) (c) shall be taken not to have
been fulfilled in relation to the incapacity of a veteran during any part of
the relevant period applicable to the incapacity during which the veteran was
capable of undertaking remunerative work for periods aggregating more than 8
hours per week, being work that the veteran would have continued to undertake
but for the treatment, or the treatment and the rest and recuperation, as the
case may be.
  (4) Where temporary incapacity allowance is granted to a veteran in respect
of a veteran's incapacity from a war-caused injury or a war-caused disease,
the allowance is payable in respect of the relevant period applicable to the
incapacity.
  (5) Subject to sub-section (6), the rate at which temporary incapacity
allowance is payable to a veteran is-
  (a)  if the veteran is in receipt of a pension under Part II, or would, but
for the operation of section 26, be in receipt of such a pension-an amount per
fortnight equal to the amount by which the amount specified in sub-section 24
(4) exceeds the amount per fortnight of the pension that is, or would be,
payable; or
  (b)  in any other case-the rate specified in sub-section 24 (4).
  (6) The rate at which temporary incapacity allowance is payable to a veteran
who is also in receipt of loss of earnings allowance is-
  (a)  if the veteran is in receipt of a pension under Part II, or would, but

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for the operation of section 26, be in receipt of such a pension-an amount per
fortnight equal to the amount by which the amount specified in sub-section 24
(4) exceeds an amount equal to the sum of-
      (i)  the amount per fortnight of the pension that is, or would be,
payable; and
     (ii)  the amount per fortnight at which loss of earnings allowance is
payable to the veteran; or
  (b)  in any other case-an amount per fortnight equal to the amount by which
the amount specified in sub-section 24 (4) exceeds the amount per fortnight at
which loss of earnings allowance is payable to the veteran.
  (7) Temporary incapacity allowance is not payable to a veteran unless the
veteran furnishes to the Commission such information (including certificates
of medical practitioners or other persons) as is required by the regulations
to be so furnished.
  (8) Where-
  (a)  temporary incapacity allowance is payable to a veteran in respect of
the relevant period applicable to the veteran's incapacity from a war-caused
injury or a war-caused disease; and
  (b)  after the commencement of that period, whether before or after the end
of that period-
      (i)  the rate of the veteran's pension under Part II is increased; or
      (ii)  a pension under Part II is granted to the veteran,
    payable from a date before the end of that period; and
  (c)  the veteran would not have been entitled to be paid the whole or part
of the amount of temporary incapacity allowance that was paid to the veteran
in respect of that period if that pension had been increased or granted on the
day as from which it was payable, an amount equal to the amount of temporary
incapacity allowance that the veteran would not have been entitled to be paid
shall be deducted from amounts of pension payable to the veteran in a lump sum
or by instalments as the Commission determines.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 108
Loss of earnings allowance

 108. (1) The Commission may grant an allowance, called loss of earnings
allowance, to a person in accordance with the provisions of this section.
  (2) Loss of earnings allowance may be granted to a veteran, in respect of
any loss of salary or wages, or loss of earnings on his or her own account
from an occupation in which he or she is engaged, suffered by reason of-
  (a)  the veteran's undergoing treatment for incapacity from a war-caused
injury or a war-caused disease;
  (b)  the veteran's having to wait for the supply of, or repairs to, an
artificial replacement or other surgical aid or appliance necessitated by such
an incapacity;
  (c) an investigation of a claim or application made by the veteran under
Part II or of a pension granted to the veteran under that Part; or
  (d)  the veteran's undergoing treatment associated with such an
investigation, for the period in respect of which the veteran suffered that
loss.
  (3) Where-
  (a)  a veteran, or a dependant of a veteran, travels for the purpose of-
      (i)  obtaining treatment;
     (ii)  restoration of his or her health;
     (iii)  being fitted with surgical aids or appliances or artificial
replacements;
     (iv)  an investigation referred to in paragraph (2) (c); or
     (v)  any other matter related to the payment of a pension; and
  (b)  the Commission authorizes a person to accompany the veteran as his or
her attendant, loss of earnings allowance may be granted to the attendant, in
respect of any loss of salary or wages, or loss of earnings on his or her own
account, suffered by reason of having so accompanied the veteran, for the
period in respect of which the attendant suffered that loss.
  (4) Where a claim for pension for a veteran or a dependant of a veteran-
  (a)  is made by another person, as provided by section 16, on behalf of the
veteran or dependant; or
  (b)  is prosecuted by a person who is the legal personal representative of
the claimant, or by a person approved under section 126, following the death
of the claimant, loss of earnings allowance may be granted to the person, in
respect of any loss of salary or wages, or loss of earnings on his or her own
account, suffered by reason of an investigation under section 17 of the claim
for the period in respect of which the person suffered that loss.
  (5) Subject to sub-section (6), where, in any year, a veteran who is an
employee of another person-
  (a)  was granted leave of absence on account of illness for a period in
respect of which the veteran was absent from his or her employment for a
reason referred to in paragraph (2) (a), (b), (c) or (d);
  (b)  was, during a subsequent period of that year, absent from his or her
employment by reason of-
      (i)  any illness or disease; or
     (ii)  undergoing treatment related to any illness or disease,
    other than a war-caused illness or a war-caused disease; and
  (c)  has incurred loss of salary or wages as a result of absence from his or

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her employment referred to in paragraph (b) of this sub-section, loss of
earnings allowance may be granted to the veteran, in respect of that loss of
salary or wages, for the period in respect of which the veteran suffered that
loss.
  (6) Where, in a year, the period, or aggregate of the periods, for which
loss of earnings allowance is payable to a veteran by virtue of sub-section
(5) has equalled-
  (a)  the period, or aggregate of the periods, referred to in paragraph (5)
(a) for which the veteran has been absent from his or her employment in that
year; or
  (b)  a period equal to the period credited, or notionally credited, in
respect of the veteran for that year, under the terms and conditions of his or
her employment, by way of sick leave credit (however described), whichever is
the less, loss of earnings allowance is not payable to the veteran by virtue
of sub-section (5) in respect of any part of the remainder of that year.
  (7) Loss of earnings allowance is not payable to a person under this section
in respect of any period in respect of which the person is paid pension under
Part II at the rate specified in sub-section 24 (4).
  (8) The amount of loss of earnings allowance payable to a veteran by virtue
of sub-section (2) or (5) in respect of loss of salary or wages, or of
earnings on his or her own account, (in this sub-section referred to as the
"relevant loss of remuneration") suffered by the veteran in respect of a
period (in this sub-section referred to as the "relevant period") is-
  (a)  an amount equal to-
      (i)  unless sub-paragraph (ii) or (iii) applies-the amount of pension
that would be payable to the veteran in respect of the relevant period if the
veteran were a veteran to whom section 24 applied and the veteran's pension
were required to be calculated at the rate specified in sub-section 24 (4) (in
this sub-section that amount of pension is referred to as the "maximum amount
in respect of the relevant period");
     (ii)  if the veteran is in receipt of a pension under Part II-the amount
by which the maximum amount in respect of the relevant period exceeds the
amount of pension under Part II that is payable to the veteran in respect of
the relevant period; or
     (iii)  if the veteran is not in receipt of a pension under Part II but
would be in receipt of such a pension but for the provisions of section 26 or
is in receipt of a pension under Part II that has been reduced in accordance
with the provisions of that section-the amount by which the maximum amount in
respect of the relevant period exceeds the amount of pension under Part II
that would be payable to the veteran in respect of the relevant period if
section 26 were omitted from this Act; or
  (b)  an amount equal to the amount that the veteran would have earned, or
could reasonably be expected to have earned, from the occupation referred to
in sub-section (2) of this section or from the employment referred to in
sub-section (5) of this section, as the case may be, in respect of the
relevant period by way of salary or wages or of earnings on his or her own
account less an amount equal to the sum of-
      (i)  the amount (if any) earned by the veteran from that occupation or
employment, or from any other occupation or employment, in respect of the
relevant period by way of salary or wages or earnings on his or her own
account; 
     (ii)  the amount (if any) that the veteran receives, or is entitled to
receive, in respect of the relevant period, by way of compensation for the
relevant loss of remuneration, under a law of the Commonwealth, a State, a
Territory or a country other than Australia that makes provision for the
payment of compensation or other benefits to persons in respect of
incapacities arising out of, or in the course of, employment or caused by, or
arising out of, the use of motor vehicles;
     (iii)  the amount (if any) that the veteran receives, or is entitled to
receive, from his or her employer by way of gratuity or other payment in
respect of the relevant loss of remuneration suffered by the veteran in
respect of the relevant period; and
     (iv)  the amount (if any) that the veteran receives, or is entitled to
receive, in respect of the relevant loss of remuneration suffered by the
veteran in respect of the relevant period, under a contract, arrangement or
agreement (including a contract of insurance), whether or not the veteran is a
party to the contract, arrangement or agreement, but not being an amount of a
kind referred to in sub-paragraph (ii) or (iii), whichever is the lesser
amount.
  (9) The amount of loss of earnings allowance payable to a person by virtue
of sub-section (3) in respect of a period is-
  (a)  the amount that would be payable to the person in respect of the period
in accordance with paragraph (8) (b) if the person were a veteran who was
entitled to be paid that allowance by virtue of sub-section (2); or
  (b)  the amount that would be payable to the person in respect of the period
by way of pension under Part II if the person were eligible to be paid a
pension under that Part, section 24 applied to the person and section 26 did
not apply to the person, whichever is the lesser amount.
  (10) The amount of loss of earnings allowance payable to a person by virtue
of sub-section (4) in respect of a period is such amount as the Commission

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considers reasonable in all the circumstances but not exceeding the amount
that the person would have earned, or could reasonably be expected to have
earned, in the period by way of salary and wages, or earnings on his or her
own account.
  (11) Loss of earnings allowance is not payable to a person under this
section unless the person furnishes to the Commission such information
(including certificates of medical practitioners or other persons) as is
required by the regulations to be so furnished.
  (12) In this section-
  "leave of absence on account of illness", in relation to a veteran who is an
employee of another person, means leave of absence from the veteran's
employment granted to the veteran without loss of earnings by reason of any
illness or incapacity or treatment provided for an illness or incapacity;
  "year", in relation to a veteran who is an employee of another person, means
the period of 12 months that commenced on the date on which, under his or her
terms and conditions of employment, the veteran was last credited, or last
notionally credited, with a period by way of sick leave (however described).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 109
Advances on account of loss of earnings allowance

  109. (1) Where the Commission is satisfied-
  (a)  that a person may reasonably be expected to become entitled to be paid
loss of earnings allowance under section 108 in respect of a period (in this
section called the period of entitlement); and
  (b)  that it is, in all the circumstances, appropriate for the person to be
paid an advance on account of the loss of earnings allowance that the person
is expected to become entitled to be paid in respect of a period (in this
section called the period of advance), being the whole or a part of the period
of entitlement, the Commission may authorize payment to the person of an
advance accordingly in respect of the period of advance.
  (2) The amount paid to a person by way of advance under sub-section (1) in
respect of a period of advance, or the aggregate of the amounts so paid to a
person in respect of the periods of advance included in a period of
entitlement, as the case may be, shall not exceed the amount estimated by the
Commission to be the amount of loss of earnings allowance likely to be payable
to the person in respect of that period of advance or those periods of
advance, as the case may be.
  (3) If the amount of the advance, or the sum of the amounts of advances,
paid to a person in relation to a period of entitlement exceeds the amount of
loss of earnings allowance that becomes payable to the person in respect of
that period of entitlement, the person is liable to pay an amount equal to the
excess to the Commonwealth.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 110
Travelling expenses

  110. (1) Where a veteran, or a dependant of a deceased veteran, travels,
with the approval of the Commission, for the purpose of-
  (a)  obtaining treatment;
  (b)  restoration of his or her health; or
  (c)  being fitted with surgical aids or appliances or artificial
replacements, the veteran, or the dependant, as the case may be, is, subject
to this section and to such conditions as are prescribed, entitled to be paid
such travelling expenses, in connection with that travel, as are prescribed.
  (2) Subject to such conditions as are prescribed, where-
  (a)  a veteran, or a dependant of a deceased veteran, travels, with the
approval of the Commission, as described in sub-section (1); and
  (b)  the Commission authorizes a person to accompany the veteran or
dependant as his or her attendant, the attendant is, subject to this section,
entitled to be paid such travelling expenses, in connection with that travel,
as are prescribed.
  (3) Travelling expenses are not payable under this section in respect of
travel outside Australia.
  (4) Where the Commission is satisfied-
  (a)  that a person may reasonably be expected to become entitled to be paid
travelling expenses under this section; and
  (b)  that it is in all the circumstances appropriate for the person to be
paid an advance on account of the travelling expenses that the person is
expected to become entitled to be paid, the Commission may authorize payment
to the person of an advance on account of the travelling expenses that the
person is expected to become entitled to be paid.
  (5) If the amount of the advance paid to a person on account of any
travelling expenses in respect of any travel of the person exceeds the amount
of travelling expenses that become payable to the person in respect of that
travel, the person is liable to repay an amount equal to the excess to the
Commonwealth.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3
                             Division 3-Procedural


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 111
Application

  111. (1) Each of the following allowances or benefits is a benefit to which
this section applies, namely:
  (a)  clothing allowance;

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  (b)  attendant allowance;
  (c)  funeral benefit under section 99, 100 or 101;
  (d)  Victoria Cross allowance;
  (e)  recreation transport allowance;
  (f)  temporary incapacity allowance;
  (g)  loss of earnings allowance;
  (h)  travelling expenses.
  (2) An application for a benefit to which this section applies-
  (a)  shall be in accordance with a form approved by the Commission;
  (b)  shall be accompanied by such certificates and other evidence (relevant
to the applicant's entitlement to the benefit) as are required to be furnished
by this Act, the regulations or the form of application; and
  (c)  shall be made by forwarding to, or delivering at, an office of the
Department in Australia the application and any certificates and evidence
referred to in paragraph (b).
  (3) An application for a benefit to which this section applies may be made-
  (a)  by the person eligible to be granted the benefit; or
  (b)  with the approval of that person or of the Commission under sub-section
(4), by another person on behalf of that person.
  (4) Where a person eligible to be granted a benefit to which this section
applies is unable, by reason of physical or mental ailment, to approve a
person to make an application for that benefit on his or her behalf, the
Commission may approve a person to make the application on his or her behalf.
  (5) Where an application for a benefit to which this section applies is made
by a person on behalf of another person, the other person on whose behalf the
application is made, and not the person making the application on behalf of
that other person, shall be treated as the applicant.
  (6) For the purposes of this Division, where-
  (a)  a person makes an application in writing for an allowance or benefit to
which this section applies, but otherwise than in accordance with a form
approved for the purposes of sub-section (2); and
  (b)  the person subsequently makes an application for the allowance or
benefit in accordance with a form so approved-
      (i)  at a time when the person had not been notified by the Department,
in writing, that it would be necessary to make the application in accordance
with a form so approved; or
     (ii)  within 3 months after the person had been so notified,
the Commission may treat the application referred to in paragraph (b) as
having been received at an office of the Department in Australia on the date
on which the application referred to in paragraph (a) was so received.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 112
Time for applying for certain benefits

  112. (1) An application for temporary incapacity allowance in respect of a
veteran's incapacity from a war-caused injury or a war-caused disease shall be
made within 12 months after the commencement of the period that is the
relevant period applicable to the incapacity for the purposes of  section 107.
  (2) An application for loss of earnings allowance for a period in respect of
which a person has suffered a loss of salary or wages, or loss of earnings on
his or her own account, as set out in sub-section 108 (2), (3), (4) or (5),
shall be made within 12 months after the commencement of that period.
  (3) An application for travelling expenses in connection with travel
referred to in sub-section 110 (1) or (2) shall be made within 3 months after
the completion of that travel.
  (4) An application made to the Commission for the grant of-  (a)  temporary
incapacity allowance;
  (b)  loss of earnings allowance; or
  (c)  travelling expenses, after the expiration of the period applicable to
the application by virtue of sub-section (1), (2) or (3), as the case
requires, is of no force or effect.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 113
Time for applying for funeral benefit

  113. (1) Subject to this section, application may be made to the Commission
for the grant of a funeral benefit under section 99, 100 or 101 in respect of
the funeral of a person, being-
  (a)  a deceased veteran;
  (b)  a deceased dependant of a deceased veteran;
  (c)  a deceased spouse of a pensioner or a deceased child of a pensioner;
or
  (d)  a deceased pensioner, within 12 months after the death of the person.
  (2) Where, after the death of a veteran, a determination is made under this
Act determining that the death was war-caused, application may be made to the
Commission for the grant of a funeral benefit under section 99 in respect of
the funeral of the veteran within 12 months after the date of that
determination.
  (3) Where, after the death of a veteran, the Commission gives an approval of
a kind referred to in sub-section 99 (3) in relation to the veteran,
application may be made to the Commission for the grant of a funeral benefit
under section 99 in respect of the funeral of the veteran within 12 months
after the date on which that approval was given.
  (4) Where, after the death of a person, a determination is made under this

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Act of such a kind as to establish that the person is a deceased pensioner
within the meaning of section 101, application may be made to the Commission
for the grant of a funeral benefit under section 101 in respect of the funeral
of the person within 12 months after the date of that determination.
  (5) Application made to the Commission for the grant of a funeral benefit
under section 99, 100 or 101 in respect of the funeral of a person after the
expiration of the period specified in sub-section (1), (2), (3) or (4) of this
section, whichever is applicable, is of no force or effect.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 114
Commencement of payment of certain allowances

  114. (1) Sub-section (2) applies to-
  (a)  clothing allowance;
  (b)  attendant allowance; and
  (c)  recreation transport allowance.
  (2) An allowance to which this sub-section applies payable to a veteran by
reason that the veteran is suffering incapacity from a war-caused injury or a
war-caused disease is payable-
  (a)  if application for the allowance is made within 3 months after the date
on which the determination was made under this Act determining that the injury
was a war-caused injury or the disease was a war-caused disease, as the case
may be-as from the date on which that determination was made; or
  (b)  in any other case-as from the first pension pay-day after the date on
which the veteran's application for the allowance in respect of that
war-caused injury or war-caused disease is received at an office of the
Department in Australia.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 115
Review of decision, &c.

  115. (1) Subject to sub-section (2), a person who is dissatisfied with a
decision of the Commission in respect of an application for-
  (a)  clothing allowance;
  (b)  funeral benefits under section 99, 100 or 101;
  (c)  decoration allowance;
  (d)  Victoria Cross Allowance;
  (e)  recreation transport allowance;
  (f)  temporary incapacity allowance; or
  (g)  loss of earnings allowance, may request the Commission, in writing, to
review the decision, and, where such a request is duly made, the Commission
shall review the decision, or cause the decision to be reviewed by a person to
whom the Commission has delegated its powers under this section (not being the
person who made the decision).
  (2) A request under sub-section (1) to review a decision of the Commission
shall set out particulars of the grounds on which the request is made, and may
be made within 3 months after service on the person to whom the decision
relates of notice of the decision, but not otherwise.
  (3) Where the Commission reviews a decision under sub-section (1), the
Commission may affirm or set aside the decision and, if it sets aside the
decision, it shall make such other decision as it considers to be in
accordance with this Act.
  (4) Where the Commission makes a decision, in substitution for the decision
set aside, granting an application for an allowance specified in sub-section
(1), it may approve payment of the allowance as from a date not earlier than
the date as from which the Commission could have approved payment of the
allowance if it had made the substituted decision in place of the original
decision.
  (5) Sections 60 and 62 apply to a review under this section in like manner
as they apply to a review under section 59 and, for the purpose of their
application to a review under this section-
  (a)  references in sections 60 and 62 to section 59 shall be read as
references to this section; and
  (b)  references in section 60 to a review shall be read as references to a
review under sub-section (1) of this section.
  (6) A reference in sub-section (1) to a decision in respect of an
application for funeral benefits under section 99 shall be read as not
including a reference to a decision of the Commission to grant, or refuse to
grant, an approval of a kind referred to in paragraph 99 (3) (a), (b), (c) or
(d).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART VII
                PART  VII-VETERANS'  CHILDREN  EDUCATION  SCHEME


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 116
Interpretation

  116. In this Part, unless the contrary intention appears-
  "eligible child" means-
     (a)  an eligible child of a member of the Forces, or of a member of a
Peacekeeping Force; or
     (b)  an eligible child of a veteran;
  "eligible child of a member of the Forces, or of a member of a Peacekeeping
Force" means-
     (a)  a child of a deceased member of the Forces, or of a deceased member
of a Peacekeeping Force, whose death was defence-caused;
     (b)  a child of a member of the Forces, or of a member of a Peacekeeping

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Force, who is in receipt of a pension under Part IV at the rate specified in
sub-section 24 (4); or
     (c)  a child of a member of the Forces, or of a member of a Peacekeeping
Force, who is in receipt of a pension under Part IV in respect of incapacity
of a kind described in item 1, 2, 3, 4, 5 or 6 of the table in sub-section 27
(1);
  "eligible child of a veteran" means-
     (a)  a child of a deceased veteran whose death was war-caused;
     (b)  a child of a veteran who is in receipt of pension under Part II at
the rate specified in sub-section 24 (4);
     (c)  a child of a veteran who is in receipt of pension under Part II in
respect of incapacity of a kind described in item 1, 2, 3, 4, 5 or 6 of the
table in sub-section 27 (1); or
     (d)  a child of a deceased veteran, being a child who is in receipt of,
or
is eligible to be granted, a pension under sub-section 13 (4);
  "member of the Forces" and "member of a Peacekeeping Force" have the same
respective meanings as they have in Part IV;
  "Scheme" means-
     (a)  the Veterans' Children Education Scheme prepared by the Commission
in
pursuance of this Part and approved by the Minister, other than such a scheme
that has been revoked; or
     (b)  if that Scheme has been varied and the variation has been approved
by
the Minister, that Scheme as so varied.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 117
Preparation of the Scheme

  117. (1) The Commission may, from time to time, by instrument in writing,
prepare a scheme, to be called the Veterans' Children Education Scheme, for
providing education and training for eligible children.
  (2) The Commission may, from time to time, by instrument in writing, vary or
revoke the scheme.
  (3) A scheme prepared by the Commission in pursuance of sub-section (1), and
an instrument varying or revoking such a scheme, have no force or effect
unless approved by the Minister.
  (4) Where a scheme prepared by the Commission in accordance with sub-section
(1), or an instrument under sub-section (2), has been approved by the
Minister, the Commission shall furnish copies of the scheme or instrument to
the Minister, and the Minister shall cause copies to be laid before each House
of the Parliament within 15 sitting days of that House after the Minister
received those copies.
  (5) Without limiting the powers of the Commission under sub-section (1), the
Scheme may make provision for and in relation to-
  (a)  the provision of free scholarships at schools, colleges and
universities for allocation, under the Scheme, to eligible children;
  (b)  the payment of maintenance allowances in respect of eligible children
for whom education or training is being provided under the Scheme;
  (c)  the making of applications for the provision of education or training
for eligible children;
  (d)  the investigation and determination of applications referred to in
paragraph (c); and
  (e)  the establishment, membership and operation of Education Boards to
perform such functions, and exercise such powers, in, and in connection with,
the operation of the Scheme as are conferred on them by or under the Scheme.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 118
Provision of education and training

  118. The Commission may provide benefits for, and in respect of, eligible
children under and in accordance with the Scheme.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART VIII
         PART  VIII-GENERAL  PROVISIONS  APPLICABLE  TO  PENSIONS,  &c.


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 119
Commission not bound by technicalities

  119. (1) In considering, hearing or determining, and in making a decision in
relation to-
  (a)  a claim or application;
  (b)  a review, under section 59, of a decision of the Commission with
respect to a service pension, a wife's service pension or a carer's service
pension;
  (c)  a review, under section 31, of a decision of the Commission with
respect to a pension under Part II or IV;
  (d)  the suspension or cancellation, under sub-section 31 (6), of a pension
under Part II or IV, the decrease in the rate of such a pension under that
sub-section or the increase in the rate of such a pension under sub-section 31
(8); or
  (e)  the suspension, cancellation or variation of a service pension, a
wife's service pension or a carer's service pension, the Commission-
  (f)  is not bound to act in a formal manner and is not bound by any rules of
evidence, but may inform itself on any matter in such manner as it thinks
just;

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  (g)  shall act according to substantial justice and the substantial merits
of the case, without regard to legal form and technicalities; and
  (h)  without limiting the generality of the foregoing, shall take into
account any difficulties that, for any reason, lie in the way of ascertaining
the existence of any fact, matter, cause or circumstance, including any reason
attributable to-
      (i)  the effects of the passage of time, including the effect of the
passage of time on the availability of witnesses; and
     (ii)  the absence of, or a deficiency in, relevant official records,
including an absence or deficiency resulting from the fact that an occurrence
that happened during the service of a veteran, or of a member of the Defence
Force or of a Peacekeeping Force, as defined by sub-section 68 (1), was not
reported to the appropriate authorities.
  (2) In sub-section (1)-
  "application" means-
     (a)  an application to increase the rate of a pension granted under Part
II or IV or of a service pension, a wife's service pension or a carer's
service pension granted under Part III;
     (b)  an application for a pension under Part II or IV made in accordance
with sub-section 15 (2);
     (c)  an application to be provided with treatment under Part V; or
     (d)  an application for an allowance or benefit specified in sub-section
111 (1);
  "claim" means-
     (a)  a claim for a pension under Part II or IV; or
     (b)  a claim for service pension, wife's service pension, carer's
service
pension or other benefit under Part III.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 120
Standard of proof

  120. (1) Where a claim under Part II for a pension in respect of the
incapacity from injury or disease of a veteran, or of the death of a veteran,
relates to the operational service rendered by the veteran, the Commission
shall determine that the injury was a war-caused injury, that the disease was
a war-caused disease or that the death of the veteran was war-caused, as the
case may be, unless it is satisfied, beyond reasonable doubt, that there is no
sufficient ground for making that determination.
  (2) Where a claim under Part IV-
  (a)  in respect of the incapacity from injury or disease of a member of a
Peacekeeping Force or of the death of such a member relates to the
peacekeeping service rendered by the member; or
  (b)  in respect of the incapacity from injury or disease of a member of the
Forces, or of the death of such a member, relates to the hazardous service
rendered by the member, the Commission shall determine that the injury was a
defence-caused injury, that the disease was a defence-caused disease or that
the death of the member was defence-caused, as the case may be, unless it is
satisfied, beyond reasonable doubt, that there is no sufficient ground for
making that determination.
  (3) In applying sub-section (1) or (2) in respect of the incapacity of a
person from injury or disease, or in respect of the death of a person, related
to service rendered by the person, the Commission shall be satisfied, beyond
reasonable doubt, that there is no sufficient ground for determining-
  (a)  that the injury was a war-caused injury or a defence-caused injury;
  (b)  that the disease was a war-caused disease or a defence-caused disease;
or 
  (c)  that the death was war-caused or defence-caused, as the case may be, if
the Commission, after consideration of the whole of the material before it, is
of the opinion that the material before it does not raise a reasonable
hypothesis connecting the injury, disease or death with the circumstances of
the particular service rendered by the person.
  (4) Except in making a determination to which sub-section (1) or (2)
applies, the Commission shall, in making any determination or decision in
respect of a matter arising under this Act or the regulations, including the
assessment or re-assessment of the rate of a pension granted under Part II or
Part IV, decide the matter to its reasonable satisfaction.
  (5) Nothing in the provisions of this section, or in any other provision of
this Act, shall entitle the Commission to presume that-
  (a)  an injury suffered by a person is a war-caused injury or a
defence-caused injury;
  (b)  a disease contracted by a person is a war-caused disease or a
defence-caused disease;
  (c)  the death of a person is war-caused or defence-caused; or
  (d)  a claimant or applicant is entitled to be granted a pension, allowance
or other benefit under this Act.
  (6) Nothing in the provisions of this section, or in any other provision of
this Act, shall be taken to impose on-
  (a)  a claimant or applicant for a pension or increased pension, or for an
allowance or other benefit, under this Act; or
  (b)  the Commonwealth, the Department or any other person in relation to
such a claim or application, any onus of proving any matter that is, or might

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be, relevant to the determination of the claim or application.
  (7) In this section-
  (a)  "member of a Peacekeeping Force", "member of the Forces" and
"peacekeeping service", have the same respective meanings as they have in Part
IV; and
  (b)  a reference to hazardous service shall be read as a reference to
service in the Defence Force of a kind determined by the Minister for Defence,
by instrument in writing, to be hazardous service for the purposes of this
section.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 121
Instalments of pension

  121. (1) Pensions are payable in fortnightly instalments, which may be paid
in advance.
  (2) Subject to this section, the amount of a fortnightly instalment of a
pension or benefit under Part III shall be ascertained by dividing the annual
rate of the pension or benefit by 26.
  (3) Where the fortnightly instalment of a pension or benefit under Part III,
ascertained in accordance with sub-section (2), is not a multiple of 10 cents,
the instalment of pension shall be increased or decreased to the nearest
multiple of 10 cents except where the instalment is a multiple of 5 cents in
which case the instalment shall be increased by 5 cents.
  (4) Where, but for this sub-section, the amount of the fortnightly
instalment of a pension or benefit under Part III would be less than $1, the
amount of that instalment shall be increased to $1.
  (5) An instalment of a pension, allowance or pecuniary benefit under this
Act covering a period of less than a fortnight shall be in proportion to the
number of  days in a fortnight.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 122
Payments of pensions

  122. (1) Subject to sub-section (2), a pension shall be paid to the
pensioner.
  (2) The Commission may, if it thinks it proper to do so in the circumstances
of a particular case-
  (a)  approve payment of a pension to such person, other than the pensioner,
and for such period, as the Commission, from time to time, determines, to be
applied by that person for the benefit of the pensioner; or
  (b)  approve-
      (i)  payment to the pensioner of such part of the pension as the
Commission, from time to time, determines; and
     (ii)  payment to such other person as the Commission so determines for
such period as the Commission so determines of the balance of the pension, to
be applied by that other person for the benefit of the pensioner.
  (3) Where a pension has been granted to a person, a payment of that pension
made to another person in accordance with paragraph (2) (a), or a payment of a
part of that pension made to another person in accordance with sub-paragraph
(2) (b) (ii), shall, for all purposes, be deemed to be a payment of the
pension or a payment of that part of the pension, as the case may be, to the
pensioner, and neither the Commonwealth nor the Commission is bound to oversee
the application of the payment by the person to whom it is paid.
  (4) A pension shall be paid in such manner as the Commission determines.
  (5) Where, by reason of a public holiday or a bank holiday or for any other
reason, an instalment of, or the amount of, a pension cannot be paid on the
day on which it would normally be paid, the instalment or amount of the
pension may be paid on an earlier day.
  (6) In this section, "pension" means a pension, allowance or other pecuniary
benefit payable under this Act, and includes an instalment of such a pension,
allowance or other benefit.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 123
Payment of pension, &c., on death of person

  123. (1) Where an amount of a pension, allowance or other pecuniary benefit
payable under this Act to a person who has died-
  (a)  has accrued, and was unpaid, on the death of the person; or
  (b)  has become payable after the death of the person, in respect of a
period before the death of the person, by reason of the grant, after his or
her death, of a claim for the pension, allowance or benefit made before his or
her death, the Commission-
  (c)  if there is a legal personal representative of that person-may approve
payment of that amount to that legal personal representative; or
  (d)  in any other case-
      (i)  if that person was survived by a dependant-may approve payment of
that amount to a dependant of the person or among any 2 or more of the
dependants of that person as it deems proper in all the circumstances of the
particular case; or
     (ii)  if that person was not survived by a dependant-may approve payment
of that amount to the person, or among the persons, to whom it would, in the
opinion of the Commission, be appropriate, in all the circumstances of the
case, to pay that amount.
  (2) Where the Commission approves payment of an amount among 2 or more
persons, it shall approve the share in that amount to be paid to each of those
persons.

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  (3) The Commission may, in giving an approval for the purposes of
sub-paragraph (1) (d) (i), approve payment to a dependant or among dependants
to the exclusion of another dependant or other dependants.
  (4) Where an amount referred to in sub-section (1) is paid in accordance
with an approval given under that sub-section, the Commonwealth is not liable
to any action, claim or demand for payment in respect of that amount.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 124
Termination of pension

  124. (1) Where a veteran or a dependant of a veteran has requested the
Commission, in writing, to cancel a pension payable under Part II, III or IV,
or an allowance under Part VI, the Commission may cancel the pension or
allowance.
  (2) Where a veteran or a dependant of a veteran has, for a continuous period
of not less than 6 months, failed to draw instalments of a pension granted to
the veteran or dependant under Part II, III or IV, or of an allowance under
Part VI, the Commission may suspend or cancel the pension or allowance.
  (3) Where the Commission suspends a pension or allowance under sub-section
(2), it may, at any time, terminate the suspension from the date as from which
the pension or allowance was suspended or such later date as the Commission
deems proper.
  (4) Where-
  (a)  a person in receipt of a pension under Part II, III or IV notifies the
occurrence of an event or change of circumstances in accordance with a notice
under sub-section 127 (1); and
  (b)  by reason of the occurrence of that event or change of circumstances,
the person ceases to be eligible to receive that pension, that pension ceases
to be payable to the person as from the day after the last day on which the
person could, in accordance with that notice, have notified the occurrence of
that event or change of circumstances.
  (5) Where-
  (a)  a person who is in receipt of a pension under Part II, III or IV or of
rent assistance is required to notify the occurrence of an event or a change
in circumstances in accordance with a notice under sub-section 127 (1);
  (b)  the person does not notify the occurrence of that event or that change
in circumstances within the period specified in the notice; and
  (c)  by reason of the occurrence of that event or that change in
circumstances-
      (i)  the person ceases to be eligible to receive that pension or rent
assistance; or
     (ii)  that pension or rent assistance is payable to the person at a
lower
rate, that pension or rent assistance ceases to be payable to the person, or
becomes payable to the person at the lower rate, as the case may be, as from
the day after the day on which that event or that change in circumstances
occurred.
  (6) In this section-
  (a)  a reference to a pension under Part III shall be read as including a
reference to rent assistance and remote area allowance under that Part; and
  (b)  a reference to a veteran shall be read as including a reference to a
person who is a member of the Forces, or a member of a Peacekeeping Force, as
defined by sub-section 68 (1).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 125
Pensions, &c., absolutely inalienable

  125. (1) Subject to this Act, a pension, allowance or other pecuniary
benefit under this Act is absolutely inalienable, whether by way of, or in
consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.
  (2) At the request of the pensioner to whom a service pension, a wife's
service pension or a carer's service pension has been granted, or in
accordance with the Income Tax Assessment Act 1936, deductions may be made
from instalments of that pension payable to the pensioner and the amounts so
deducted shall be paid to the Commissioner of Taxation for the purpose of
enabling the collection of tax that is, or may become, payable by the
pensioner.
  (3) At the request of a pensioner to whom a pension has been granted under
this Act, deductions may be made from instalments of that pension to meet
amounts payable by the pensioner to the Defence Service Homes Corporation
under a mortgage securing a loan made by that Corporation to the pensioner or
to the pensioner and the spouse of the pensioner.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 126
Death of claimant

  126. (1) On the death of a claimant, the claim does not lapse in respect of
any period before the death of the claimant, but the legal personal
representative of the claimant, or a person approved by the Commission, may
take such action in respect of the claim as the claimant could have taken if
the claimant had not died and, for that purpose, the legal personal
representative or person so approved shall be treated as the claimant.
  (2) On the death of a pensioner, the legal personal representative of the
pensioner, or a person approved by the Commission, may take such action in
respect of a variation of, or the suspension or cancellation of, the
pensioner's pension effected before the death of the pensioner, or effected

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after the death of the pensioner as from a date before the death of the
pensioner, as the pensioner could have taken if he or she had not died and,
for that purpose, the legal personal representative or person so approved
shall be treated as the pensioner.
  (3) If there is a legal personal representative of a deceased claimant or
deceased pensioner, the Commission shall not approve a person for the purpose
of sub-section (1) or (2) unless it is satisfied that-
  (a)  the person has notified the legal personal representative of the
deceased claimant, or deceased pensioner, that the legal personal
representative has, or may have, a right under sub-section (1) or (2), as the
case may be; and
  (b)  the legal personal representative has refused, or failed within a
reasonable time after having been so notified, to take any action in respect
of the claim or pension, as the case may be.
  (4) In this section, "claim" means a claim in accordance with section 14 or
43, an application in accordance with section 15, and an application for
review under section 59, 135 or 175, and "claimant" has a corresponding
meaning.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 127
Power to obtain information

  127. (1) The Secretary may serve on-
  (a)  a person to whom a pension, allowance or other benefit under this Act
is being paid, including a person to whom the whole or a part of such a
pension, allowance or benefit is being paid for the purpose of being applied
for the benefit of the pensioner;
  (b)  a person whose claim or application for a pension, attendant allowance
or recreation transport allowance under this Act is under consideration by the
Commission, the Board or the Administrative Appeals Tribunal;
  (c)  a person who is being provided with treatment under Part V; or
  (d)  a person whose application to be provided with treatment under Part V
is under consideration by the Commission, a notice, in writing-
  (e)  requiring that person, if an event or change of circumstances specified
in the notice occurs or the person becomes aware that an event or change of
circumstances so specified is likely to occur, to notify the Secretary, or the
officer specified in the notice, of the occurrence, or likely occurrence, of
that event or change of circumstances within such period after the occurrence
of that event or change of circumstances or after the person becomes aware
that that event or change of circumstances is likely to occur, as the case may
be, as is specified in the notice; or
  (f)  requiring that person to furnish to the Secretary, or to an officer
specified in the notice, within the period specified in the notice, a
statement, in accordance with a form approved by the Commission, relating to
any matter specified in the notice, being a matter that might affect the
payment to that person of the pension, allowance or other pecuniary benefit
under this Act or the provision of treatment under Part V.
  (2) An event or change of circumstances shall not be specified in a notice
referred to in paragraph (1) (e) unless the occurrence of that event or change
of circumstances might affect the payment of a pension, allowance or other
pecuniary benefit under this Act or the provision of treatment under Part V.
  (3) The period for compliance specified in a notice in accordance with
sub-section (1) shall not be less than 14 days.
  (4) A person to whom a notice has been given in accordance with sub-section
(1) shall not refuse or fail to comply with the notice to the extent that the
person is capable of complying with it.
  Penalty: $1,000 or imprisonment for 6 months, or both.
  (5) A person to whom a notice has been given in accordance with sub-section
(1) shall not, in purported compliance with the notice, knowingly furnish
information that is false or misleading in a material particular.
  Penalty: $2,000 or imprisonment for 12 months, or both.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 128
Secretary may obtain information

  128. (1) Where the Secretary has reason to believe that a person is capable
of furnishing information, producing documents or giving evidence in relation
to any matter that might affect, or might have affected, the grant or payment
of a pension, allowance or other pecuniary benefit under this Act to that
person or any other person, or the provision of treatment under Part V for
that person or any other person, the Secretary may, by notice, in writing,
served on that person, require that person-
  (a)  to furnish, within  a reasonable period and in  a reasonable manner
specified in the notice (being a period that ends not less than 14 days after
the date of service of the notice), any such information specified in the
notice to the officer specified in the notice;
  (b)  to produce, within  a reasonable period and in  a reasonable manner
specified in the notice (being a period that ends not less than 14 days after
the date of service of the notice), any such documents specified in the notice
to the officer specified in the notice; or
  (c)  to appear on  a reasonable date and at  a reasonable time and place,
specified in the notice (being a date not less than 14 days after the date of
service of the notice), before the officer specified in the notice, to give
any such evidence, either orally or in writing and to produce any such

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documents specified in the notice.
  (2) The officer specified in a notice given in pursuance of paragraph (1)
(c) may require any evidence that is to be given to the officer in compliance
with the notice to be given on oath or affirmation and, for that purpose, the
officer may administer an oath or affirmation.
  (3) The oath or affirmation to be taken by a person for the purposes of this
section is an oath or affirmation that the evidence the person will give will
be true.
  (4) A person shall not refuse or fail to comply with a notice under
sub-section (1) to the extent that the person is capable of complying with
it.
  Penalty: $1,000 or imprisonment for 6 months, or both.
  (5) A person shall not, in purported compliance with a notice under
sub-section (1), knowingly furnish information or give evidence that is false
or misleading in a material particular.
  Penalty: $2,000 or imprisonment for 12 months, or both.
  (6) This section binds the Crown in right of the Commonwealth, of each of
the States, of the Northern Territory and of Norfolk Island.
  (7) This section does not require a person to furnish information, produce a
document or give evidence to the extent that, in doing so, the person would
contravene a law of the Commonwealth (not being a law of a Territory).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 129
Self-incrimination

  129. A person is not excused from furnishing information, producing a
document or giving evidence in pursuance of a notice under section 128 on the
ground that the information or evidence, or the production of the document,
may tend to incriminate the person, but any information furnished, evidence
given or document produced in pursuance of a notice under section 128 is not
admissible in evidence against the person in any criminal proceedings, other
than proceedings for an offence against sub-section 128 (4) or (5).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 130
Furnishing of information

  130. Nothing in a law of a State or of a Territory shall operate so as to
prevent a person from furnishing any information, producing any documents, or
giving any evidence to an officer for the purposes of this Act.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 131
Interpretation

  131. In sections 127 to 130 (inclusive), unless the contrary intention
appears-
  "officer" means a person performing duties, or exercising powers or
functions, under, or in relation to, this Act;
  "person" includes an unincorporated body.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 132
Payment of travelling expenses in certain cases

  132. (1) Subject to such conditions as are prescribed, where-
  (a)  a claimant; or
  (b)  a person likely to be affected by a review under section 31, travels,
within Australia-
  (c)  for the purpose of attending, at the request of the Commission or a
delegate of the Commission, before the Commission or such a delegate for a
discussion in relation to the claim or review; or
  (d)  for the purpose of attending, at the request of the Secretary or the
Commission, for a medical examination or medical investigation related to the
claim or review, he or she is entitled to receive such travelling expenses in
connection with that travel as are prescribed.
  (2) Subject to such conditions as are prescribed, an attendant who travels
in Australia for the purpose of accompanying a claimant or person likely to be
affected by a review under section 31 to a discussion, or for a medical
examination or a medical investigation referred to in sub-section (1) of this
section, is entitled to be paid such travelling expenses in connection with
that travel as are prescribed.
  (3) Subject to such conditions as are prescribed, a person summoned under
section 32 or 60 to give evidence or produce documents, or both, is entitled
to receive such travelling expenses in connection with his or her travel to
give that evidence or produce those documents, or both, as are prescribed.
  (4) Subject to such conditions as are prescribed, an attendant who travels
in Australia for the purpose of accompanying a person referred to in
sub-section (3) when that person gives evidence or produces documents, or
both, in pursuance of a summons under section 32 or 60 is entitled to be paid
such travelling expenses in connection with that travel as are prescribed.
  (5) Subject to such conditions as are prescribed, an applicant for a review
under section 135 is entitled, if the applicant travels in Australia for the
purpose of attending a hearing of the review by the Board, to receive such
travelling expenses in connection with that travel as are prescribed.
  (6) Subject to such conditions as are prescribed, an attendant who travels
in Australia for the purpose of accompanying an applicant referred to in
sub-section (5) to a hearing of a review is entitled to be paid such
travelling expenses in connection with that travel as are prescribed.
  (7) Subject to such conditions as are prescribed, where-
  (a)  the party (not being the Commission) to proceedings for a review of a

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reviewable decision who made application for the review under section 175; or
  (b)  if the Commission made application for the review-the other party to
the proceedings for the review whose interests are affected by the reviewable
decision, travels within Australia for the purpose of attending before the
Administrative Appeals Tribunal in connection with the review, the party is
entitled to receive such travelling expenses in connection with that travel as
are prescribed.
  (8) Subject to such conditions as are prescribed, an attendant who travels
within Australia for the purpose of accompanying a party referred to in
sub-section (7) on an attendance before the Administrative Appeals Tribunal
referred to in that sub-section is entitled to be paid such travelling
expenses in connection with that travel as are prescribed.
  (9) Where a claim for a pension-
  (a)  is made on behalf of the claimant-
      (i) by a person who is a dependant of the claimant; or
     (ii) by a person approved under paragraph 16 (b), (c) or (d) to make the
claim on behalf of the claimant; or
  (b)  is prosecuted by a person who is the legal personal representative of
the claimant, or by a person approved under section 126, following the death
of the claimant, and that person travels within Australia with the approval of
the Commission for the purpose of-
  (c)  an investigation, by the Department or the Commission, of the claim;
or
  (d)  attending at a hearing of a review of a decision, in respect of the
claim, of the Commission by the Board, the person is, subject to such
conditions as are prescribed, entitled to be paid such travelling expenses in
connection with that travel as are prescribed.
  (10) Travelling expenses to which a person is entitled to under this section
are payable by the Commonwealth.
  (11) Where a person who has travelled in Australia is entitled to be paid
travelling expenses under this section in connection with that travel,
application for payment of travelling expenses in respect of that travel-
  (a)  may be made-
      (i)  by that person; or
     (ii)  with the approval of that person or, if that person is, by reason
of
physical or mental ailment or of that person's death, unable to approve a
person to make the application on his or her behalf, with the approval of the
Commission, by another person on behalf of that person;
  (b)  shall be made in writing and in accordance with a form approved by the
Commission;
  (c)  shall be accompanied by such evidence available to the applicant as the
applicant considers may be relevant to the application;
  (d)  shall be made by forwarding to, or delivering at, an office of the
Department in Australia the application and the evidence referred to in
paragraph (c); and
  (e)  shall be made within 3 months after the completion of that travel, and
not otherwise.
  (12) In this section "claim" means a claim in accordance with section 14 or
43, an application in accordance with section 15 and an application for a
review under section 59, 115 or 135 and "claimant" has a corresponding
meaning.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART IX
                       PART  IX-VETERANS'  REVIEW  BOARD


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1
                             Division 1-Preliminary


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 133
Interpretation

  133. In this Part, unless the contrary intention appears-
  "applicant" means a person who makes an application;
  "application" means an application under this Part to the Board for a review
of a decision of the Commission;
  "member" means the Principal Member, a Senior Member or another member of
the Board;
  "pension" means pension under Part II or IV;
  "Principal Member" means the Principal Member of the Board;
  "review" means a review of a decision;
  "Senior Member" means a Senior Member of the Board;
  "Services member" means a member who, on the occasion of his or her
appointment, or on any occasion of his or her re-appointment, as a member, was
a person selected from lists submitted in accordance with a request made under
sub-section 158 (3);
  "veteran" means-
     (a)  a veteran as defined by sub-section 5 (1); or
     (b)  a member of the Forces or a member of a Peacekeeping Force, as
defined by sub-section 68 (1).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2
                Division 2-Continuance of Veterans' Review Board


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 134
Continuance of Veterans' Review Board

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  134. (1) The Veterans' Review Board, being the Board established by section
107VB of the Repatriation Act 1920, is continued in existence.
  (2) The Board consists of a Principal Member and such number of Senior
Members, and such number of other members, as are appointed in accordance with
this Act.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3
                  Division 3-Review by the Board of decisions


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 135
Review of decisions in respect of pensions

  135. (1) Where a person-
  (a)  who has made a claim for a pension in accordance with section 14;
  (b)  who has made application for a pension, or for an increased pension, in
accordance with section 15; or
  (c)  who has made an application for attendant allowance under section 98,
is dissatisfied with any decision of the Commission in respect of the claim or
application (including a decision under section 20 or 21 approving a date from
which payment of a pension, or payment of a pension at a higher rate, may be
made, but not being a decision under sub-section 19 (3)), the person may,
subject to this Act, make application to the Board for a review of the
decision of the Commission.
  (2) Where the Commission, upon a review under section 31 of a decision in
relation to a pension, has made a further decision revoking or varying that
decision, the veteran, or the dependant of a deceased veteran, as the case may
be, affected by that further decision may make application to the Board for a
review-
  (a)  of the further decision of the Commission revoking that previous
decision; or
  (b)  of that previous decision as varied by the further decision of the
Commission, as the case may be.
  (3) Where the Commission makes a determination-
  (a)  under sub-section 31 (6) cancelling or suspending, or decreasing the
rate of, a pension;
  (b)  under sub-section 31 (8) increasing the rate of a pension; or
  (c)  under sub-section 31 (9) fixing the date of re-commencement of a
pension that has been suspended, the veteran, or the dependant of a veteran,
as the case may be, affected by that determination may make application to the
Board for a review of that decision of the Commission to cancel or suspend
that pension, to decrease or increase the rate of that pension or fixing the
date of re-commencement of that pension that has been suspended, as the case
may be.
  (4) Subject to sub-section (5), an application under sub-section (1) or (2)
to the Board to review a decision of the Commission may be made within 12
months after service on the person to whom the decision relates of a copy of
that decision in accordance with sub-section 34 (2), but not otherwise.
  (5) An application under sub-section (1), (2) or (3) to the Board to review
a decision of the Commission-
  (a)  assessing a rate of pension or increased rate of pension;
  (b)  refusing to grant a pension on the ground that the extent of the
incapacity of the veteran is insufficient to justify the grant of a pension;
  (c)  refusing to increase the rate of a pension;
  (d)  reducing the rate of a pension; or
  (e)  cancelling or suspending a pension, or fixing the date of
re-commencement of a pension that has been suspended, may be made within 3
months after service on the person to whom the decision relates of a copy of
that decision in accordance with sub-section 34 (2), but not otherwise.
  (6) Where the Commission, upon a review under section 31 of a decision (in
this sub-section referred to as the "original decision") of a kind referred to
in sub-section (1), (2) or (3), has made a further decision varying that
decision-
  (a)  in a case where application had not, before the further decision was
made, been made to the Board for a review of the original decision-application
shall not be made for a review of the original decision but may be made for a
review of the original decision as varied by the further decision; and
  (b)  in a case where an application had been made for a review of the
original decision but the hearing of that application had not been commenced,
or had been commenced but had not been completed, before the further decision
was made-that application shall be treated as if it were an application made
for a review of the original decision as varied by the further decision.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 136
Application for review

  136. (1) An application to the Board for a review-
  (a)  shall be in writing; and
  (b)  shall be made by forwarding the application to, or delivering the
application at, an office of the Department in Australia, and may set out a
statement of the reasons for the application.
  (2) An application under sub-section (1) relating to a pension granted to,
or claimed for, a veteran, or a dependant of a deceased veteran, may be made-
  (a)  by the veteran or dependant, as the case may be;
  (b)  with the approval of the veteran or dependant, as the case may be, by
another person on behalf of the veteran or dependant;

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  (c)  in the case of a veteran or dependant, as the case may be, who is
unable, by reason of physical or mental incapacity, to approve a person to
make an application on his or her behalf-on behalf of the veteran or
dependant, by a person approved by the Commission; or
  (d)  in the case of a dependant who is under the age of 18 years, on behalf
of the dependant-
      (i) by a parent or guardian of the dependant;
     (ii) by another person approved by a parent or guardian of the
dependant;
or
     (iii) if there is not a parent or guardian of the dependant alive or
willing and able to make, or approve a person to make, such an application on
behalf of the dependant-by another person, being a person approved by the
Commission.
  (3) Sub-section (2) does not limit the application of section 126 in
relation to applications under sub-section (1) of this section.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 137
Secretary to prepare report

  137. (1) Within 6 weeks after an application for review made under
sub-section 135 (1), (2) or (3) is received at an office of the Department in
Australia, the Secretary shall-
  (a)  cause to be prepared a report referring to the evidence under the
control of the Department that is relevant to the review; and
  (b)  subject to sub-section (2), cause a copy of that report to be served on
the applicant.
  (2) Where the report prepared by the Secretary in pursuance of sub-section
(1) contains or refers to any information, opinion or other matter-
  (a)  that, in the opinion of the Secretary, is of a confidential nature; or
  (b)  that, in the opinion of the Secretary, it might be prejudicial to the
physical or mental health or well-being of the applicant to communicate to the
applicant, the document served on the applicant in pursuance of paragraph (1)
(b) shall not contain or refer to that information, opinion or other matter.
  (3) Where a copy of a report is served on an applicant in accordance with
sub-section (1), the applicant may, within 28 days after service of the report
or within such further period as the applicant may request in writing before
the expiration of that period, furnish to the Secretary in writing any
comments the applicant wishes to make concerning the report.
  (4) The Secretary shall forward to the Principal Member of the Board all the
relevant documents, including any comments furnished to the Secretary by the
applicant concerning the report served on the applicant and, if a further
investigation has been made in consequence of those comments of the applicant,
a supplementary report referring to any evidence obtained in that further
investigation-
  (a)  if the applicant duly furnishes comments in accordance with sub-section
(3) and no further investigation is made in consequence of those comments-as
soon as practicable after receipt of those comments;
  (b)  if a further investigation is made in consequence of comments furnished
by the applicant-as soon as practicable after the completion of that further
investigation; or
  (c)  in any other case-as soon as practicable after the expiration of the
period or extended period referred to in sub-section (3).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 138
Board not bound by technicalities, &c.

  138. (1) The Board, in conducting a review, in hearing a review or in making
a decision on a review of a decision-
  (a)  is not bound by technicalities, legal forms or rules of evidence; and
  (b)  shall act according to substantial justice and the merits and all the
circumstances of the case and, without limiting the generality of the
foregoing, shall take into account any difficulties that, for any reason, lie
in the way of ascertaining the existence of any fact, matter, cause or
circumstance, including any reason attributable to-
      (i)  the effects of the passage of time, including the effect of the
passage of time on the availability of witnesses; or
     (ii)  the absence of, or a deficiency in, relevant official records,
including an absence or deficiency resulting from the fact that an occurrence
that happened during the service of a veteran, or of a member of the Forces,
or a member of a Peacekeeping Force, as defined by sub-section 68 (1), was not
reported to the appropriate authorities.
  (2) The Commission may make available to the Board-
  (a)  statements of principles applied by the Commission in deciding claims
for pension and applications for pension and increased pension and in
conducting reviews under section 31; and
  (b)  such other material as the Commission considers may be of assistance to
the Board in the exercise of its powers or the performance of its functions
under this Act.
  (3) Nothing in this section authorizes the Commission to direct the Board
with respect to its consideration of a particular review by the Board.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 139
Decision of Board

  139. (1) On review of a decision, the Board shall have regard to the

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evidence that was before the Commission when the decision was made and to any
further evidence before the Board on the review that was not before the
Commission, being further evidence relevant to the review.
  (2) It is the duty of the Board, in reviewing a decision of the Commission,
to satisfy itself with respect to, or to determine, as the case requires, all
matters relevant to the review.
  (3) For the purpose of reviewing a decision of the Commission, the Board may
exercise all the powers and discretions that are conferred by this Act on the
Commission in like manner as they are required by this Act to be exercised by
the Commission, and shall make a decision, in writing-
  (a)  affirming the decision under review;
  (b)  varying the decision under review; or
  (c)  setting aside the decision under review and making a decision in
substitution for the decision so set aside.
  (4) Where the Board sets aside a decision of the Commission refusing to
grant a pension to a person and substitutes for it a decision granting a
pension to the person, the Board shall assess the rate at which the pension is
to be paid to the person or remit the matter to the Commission to assess the
rate at which the pension is to be paid to the person.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 140
Statements of decisions of the Board, &c.

  140. (1) Where the Board reviews a decision of the Commission, the Board
shall-
  (a)  record its decision on the review in writing;
  (b)  prepare a written statement setting out its reasons for that decision,
including its findings on any material questions of fact, and referring to the
evidence or other material on which those findings were based;
  (c)  file the decision and the written statement with the records of the
case; and
  (d)  cause to be served on each of the relevant persons-
      (i)  a copy of the decision; and
     (ii)  subject to sub-section (2), a copy of the written statement
referred
to in paragraph (b) of this sub-section,
    and on the applicant for the review, or a person authorized by the
applicant, particulars of the person's right to make application to the
Administrative Appeals Tribunal for a review of the decision of the Commission
affirmed by that decision of the Board or the decision of the Board in
substitution for the decision of the Commission set aside by the Board, as the
case may be.
  (2) Where a statement prepared by the Board in pursuance of paragraph (1)
(b) upon a review of a decision of the Commission contains or refers to any
information, opinion or other matter-
  (a)  that, in the opinion of the Board, is of a confidential nature; or
  (b)  that, in the opinion of the Board, it might be prejudicial to the
physical or mental health or well-being of the applicant to communicate to the
applicant, the document served on the applicant in pursuance of sub-paragraph
(1) (d) (ii) shall not contain or refer to that information, opinion or other
matter.
  (3) In this section-
  (a)  a reference to the relevant persons, in relation to a review, shall be
read as a reference to-
      (i)  the applicant for the review, or a person authorized by that
applicant; and
     (ii)  the Commission; and
  (b)  a reference to a decision of the Board on a review shall be read as
including a reference to any assessment made by the Board on the review in
pursuance of sub-section 139 (3) or (4).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4
                      Division 4-Organization of the Board


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 141
Constitution of Board for exercise of powers

  141. (1) Subject to this section, the Board shall, for the purposes of a
review, be constituted by-
  (a)  the Principal Member or a Senior Member;
  (b)  a Services member; and
  (c)  one other member.
  (2) With the approval of the Minister, the Board may, for the purposes of a
particular review, or of a review included in a particular class of reviews,
be constituted by-
  (a)  the Principal Member or a Senior Member; or
  (b)  one member, not being the Principal Member or a Senior Member, only.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 142
Principal Member responsible for arrangement of business

  142. (1) The Principal Member is responsible for the efficient operation of
the Board.
  (2) The Principal Member may give directions-
  (a)  for the purpose of increasing the efficiency of the operations of the
Board; and
  (b)  as to the arrangement of the business of the Board.

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VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 143
Members to constitute Board

  143. (1) The Principal Member may give directions, from time to time in
writing, as to the persons who are to constitute the Board-
  (a)  for the purpose of a particular review or particular reviews; or
  (b)  for the purposes of reviews listed for hearing at a specified place
during a specified period, or during specified periods, being reviews so
listed for hearing by, or in accordance with the directions of, the Principal
Member.
  (2) Where the Board, constituted in accordance with a direction given under
sub-section (1), completes its hearing of a review listed for hearing at the
place and during a period specified in that direction but does not make its
decision on the review, those members who constitute the Board in accordance
with that direction, by force of this sub-section, continue to constitute the
Board, unless the Principal Member otherwise directs, for the purpose of
making a decision in writing on that review.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 144
Member ceasing to be member, &c.

  144. (1) Where one of the members constituting the Board by virtue of a
direction under section 143 ceases to be a member or ceases, for any reason,
to be available for the purposes of a review at the place where the review is
to be, or is being, heard or continued, the 2 remaining members shall be
deemed to constitute the Board by virtue of the direction given under section
143 until the Principal Member re-allocates the review, under section 143, for
further hearing.
  (2) Where the member referred to in sub-section (1) is the Principal Member
or a Senior Member, the Principal Member shall direct which of the 2 remaining
members shall preside at any hearing of the review.
  (3) Where-
  (a)  the hearing of a review has been commenced but has not been completed
before the Board; and
  (b)  the review has not been re-allocated as mentioned in sub-section (1),
the review may be listed for further hearing at a particular place and time in
accordance with directions given by the Principal Member with respect to the
listing of reviews for hearing or further hearing and, if it is so listed-
  (c)  the Board constituted by the members directed to constitute the Board
for the hearing of reviews listed for hearing at that place during the period
in which that time occurs may continue the hearing of the review and decide
the review; and
  (d)  the review shall be deemed to have been re-allocated for further
hearing and decision accordingly.
  (4) The Board to which a review is deemed to have been re-allocated under
sub-section (3) may, but need not, include a member who was one of the members
who constituted the Board for the purpose of hearing the review before the
re-allocation took place.
  (5) Where a review re-allocated as mentioned in sub-section (1), or deemed
to have been re-allocated under sub-section (3), had been commenced, but had
not been completed, before the re-allocation took place, the Board as
constituted for the purpose of that review by virtue of that re-allocation
may, in the review before it, have regard to any record of the review before
the Board as previously constituted.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 145
Places of sitting

  145. Sittings of the Board shall be held from time to time as required, and
at such places in Australia as may be convenient.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 5
                    Division 5-Proceedings before the Board


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 146
Principal Member or Senior Member to preside at hearing

  146. (1) Where the Principal Member is included in the members constituting
the Board for the purpose of a review, he or she shall preside at any hearing
of the review.
  (2) Where the Principal Member is not included in the members constituting
the Board for the purpose of a review, the Senior Member who is included in
those members shall preside at any hearing of the review.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 147
Parties to review before Board

  147. (1) The parties to a review by the Board of a decision of the
Commission are-
  (a)  the applicant for the review; and
  (b)  the Commission.
  (2) A party to a review may-
  (a)  appear in person, or be represented at the party's own expense by a
person other than a legal practitioner, at any hearing of the review; and
  (b)  make such submissions, in writing, to the Board as the party, or the
party's representative, considers relevant to the review.
  (3) In this section, a reference to a legal practitioner shall be read as
including a reference to any person who-
  (a)  holds a degree of Bachelor of Laws, Master of Laws or Doctor of Laws or
Bachelor of Legal Studies; or

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  (b)  is otherwise qualified for admission as a barrister, solicitor, or
barrister and solicitor, of the High Court or of the Supreme Court of a State
or Territory.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 148
Procedure of Board

  148. (1) The Principal Member shall, upon receipt of the relevant documents
relating to a review of a decision of the Commission, cause to be served on
each party to the review a notice informing the party that the Board is to
review the decision of the Commission and requesting the party to inform the
Principal Member, in writing, within a reasonable time specified in the
notice, whether the party wishes to appear on the hearing of the review and,
if the party wishes so to appear, whether the party intends to appear on the
hearing personally or by another person under section 147.
  (2) Where either party to a review of a decision of the Commission informs
the Principal Member that the party wishes to appear on the hearing of the
review of the decision by the Board, the Principal Member shall-
  (a)  cause a date, time and place to be fixed for the hearing of the review;
and
  (b)  cause notice of the date, time and place so fixed to be served on each
party to the review.
  (3) The Principal Member may defer fixing a date, time and place for the
hearing of a review under sub-section (2) until the parties to the review have
informed the Principal Member that they are ready to proceed at a hearing.
  (4) Where a party to a review of a decision of the Commission does not
inform the Principal Member, within the time specified in the notice served on
the party under sub-section (1), that the party wishes to appear on the
hearing of the review, the review may be heard and determined in the absence
of that party.
  (5) The Principal Member may give directions, not inconsistent with
sub-sections (1), (2), (3) and (4), as to the procedure of the Board with
respect to reviews before it.
  (6) The presiding member in respect of a particular review may, in respect
of a matter not dealt with by directions under sub-section (5), give
directions, not inconsistent with sub-sections (1), (2), (3) and (4), as to
the procedure to be followed on a hearing of the review.
  (7) In giving a direction under this section, the Principal Member or a
presiding member shall have regard to the need for the review to be conducted
with as little formality and technicality, and with as much expedition, as the
requirements of this Act and a proper consideration of the matters before the
Board permit.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 149
Questions to be decided by majority of Board

  149. (1) A question before the Board on a review shall be decided according
to the opinion of a majority of the members constituting the Board.
  (2) Where the Board is constituted for the purposes of a review by 2 members
only and the 2 members cannot agree on a question arising in the review, the
Board shall adjourn the review and refer the matter to the Principal Member
for the giving of any necessary directions, or the taking of any other action,
under section 143 or 144.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 150
Hearing to be in private except in special circumstances

  150. (1) Subject to this section, the hearing of a review shall be in
private.
  (2) The presiding member may give directions (whether in writing or
otherwise) as to the persons who may be present at any hearing of a review.
  (3) If requested to do so by the applicant, the presiding member may permit
a hearing, or a part of a hearing, of a review to take place in public.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 151
Powers of Board

  151. (1) The Board may-
  (a)  take evidence on oath or affirmation for the purposes of a review; or
  (b)  adjourn a hearing of a review from time to time.
  (2) The presiding member in relation to a review may-
  (a)  summon a person to appear at any hearing of the review to give evidence
and to produce such documents (if any) as are referred to in the summons;
  (b)  require a person appearing at a hearing of the review for the purpose
of giving evidence either to take an oath or to make an affirmation; and
  (c)  administer an oath or affirmation to a person so appearing.
  (3) The applicant for a review by the Board of a decision of the Commission
is a competent and compellable witness upon the hearing of the review of that
decision by the Board.
  (4) The oath or affirmation to be taken or made by a person for the purposes
of this section is an oath or affirmation that the evidence that the person
will give will be true.
  (5) The power of the Board under paragraph (1) (a) to take evidence on oath
or affirmation for the purposes of a review may be exercised on behalf of the
Board by the presiding member in relation to the review or by another person
(whether a member or not) authorized by the presiding member, and that power
may be so exercised within or outside Australia, but the Board may direct that
the power is to be so exercised subject to limitations specified by the Board.

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  (6) Where a person other than the presiding member in relation to a review
is authorized, in accordance with sub-section (5), to take evidence for the
purposes of the review-
  (a)  the first-mentioned person has, for the purposes of taking that
evidence, all the powers of the Board under sub-section (1) and all the powers
of the presiding member under sub-section (2); and
  (b)  for the purposes of the exercise of those powers by the first-mentioned
person, this Part has effect (except where the context otherwise requires) as
if a reference to the Board, or to the presiding member, in relation to the
review included a reference to the first-mentioned person.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 152
Request to Secretary for documents, &c.

  152. (1) The Board may, at any time, request the Secretary-
  (a)  to forward to the Board further documents in the custody of the
Secretary relating to a review;
  (b)  to obtain, and forward to the Board, further documents relating to a
review; or
  (c)  to arrange for the making of any investigation, or any medical
examination, that the Board thinks necessary with respect to a review, and to
forward to the Board a report of that investigation or examination.
  (2) Where a request is made under sub-section (1), the Board shall adjourn
any hearing of the review to which the request relates and may, in the case of
a review of a decision with respect to a pension assessment, vary that
assessment pending the completion of that review, having regard to the records
and evidence on which the Commission reached that decision.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 153
Information may be made available to parties

  153. (1) Subject to sub-sections (2) and (3), where, after the relevant
documents relating to a review have been forwarded to the Principal Member of
the Board in accordance with sub-section 137 (4) and before the commencement
of the hearing of the review, a party to the review furnishes any information
to the Board for the purposes of the review, the Board shall make that
information available to the other party to the review.
  (2) Where the Board is of the opinion-
  (a)  that any information under the control of the Board is of a
confidential nature; or
  (b)  that it might be prejudicial to the physical or mental health or
well-being of the applicant to communicate any such information to the
applicant, the Board may refrain from making it available to the applicant,
but may make it available to a person representing the applicant.
  (3) Sub-section (1) does not apply to information furnished, as set out in
that sub-section, by a party to a review other than the Commission unless the
Board is of the opinion that it contains, or foreshadows the presentation of,
evidence or a submission that has not been considered by the Commission in
connection with the review.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 154
Period of operation of certain decisions of Board

  154. (1) A decision of the Board on a review of a decision of the Commission
of a kind referred to in paragraph 135 (5) (a), (b), (c) or (d) shall, unless
reviewed by the Administrative Appeals Tribunal and, subject to sub-section
(2) of this section, be binding upon the applicant and the Commission for a
period of 6 months commencing on the day on which the Board makes that
decision.
  (2) If, during the period referred to in sub-section (1), the applicant is
of the opinion that his or her incapacity has increased, sub-section (1) does
not prevent-
  (a)  the applicant from making application under sub-section 15 (1) or (2)
for an increased pension or for a pension; or
  (b)  the grant of an increased pension, or a pension, from a date within
that period, by the Commission upon its consideration of such an application
or by the Board upon review of the decision of the Commission on such an
application.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 155
Withdrawal of application

  155. (1) An applicant for review by the Board of a decision of the
Commission may withdraw the application at any time before the Board has
commenced the review and, with the consent of the Board, at any time after the
Board has commenced the review.
  (2) The withdrawal of an application to review a decision of the Commission
does not prevent the applicant from subsequently making another application
under section 135 to review that decision within the time allowed by that
section.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 6
               Division 6-Date of operation of decisions of Board


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 156
Board to specify date of operation

  156. The Board shall specify in a decision on a review under this Part the
date from which the decision is to operate, being a date fixed in accordance
with section 157.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 157

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Dates that may be specified

  157. (1) Where the Board, upon its review of a decision of the Commission
refusing to grant a pension to a person, sets aside that decision and
substitutes for it a decision to grant a pension to the person, the Board may
fix, as the date from which its decision is to operate-
  (a)  if the person made application for the review within 3 months after
service on him of a copy of the decision of the Commission-a date not earlier
than the earliest date from which the Commission could, if it had not made
that decision, have approved payment of a pension to the person; or
  (b)  in any other case-a date not more than 6 months before the date on
which the person's application for review of that decision was received at an
office of the Department in Australia.
  (2) Where the Board, upon its review of a decision of the Commission
assessing a rate or increased rate of pension or refusing to increase the rate
of a pension, sets aside that decision and substitutes for it a decision that
increases the rate of that pension, the Board may fix, as the date from which
its decision is to operate, a date not earlier than the earliest date which
the Commission could, if it had not made that decision, have fixed as the date
from which pension at that increased rate was to be payable.
  (3) Where the Board, on a review of a decision of the Commission under
section 31 to revoke or vary a decision in relation to a pension, sets aside
the decision the subject of the review and substitutes another decision for
it, the Board may fix, as the date from which its decision is to operate, a
date not earlier than the earliest date from which that substituted decision
could have operated if it had been made in place of the decision under review.
  (4) Where the Board, on a review of a decision of the Commission under
sub-section 31 (6) to cancel or suspend, or to reduce the rate of a pension,
or under sub-section 31 (8) to increase the rate of a pension, sets aside that
decision, the Board may fix, as the date as from which its decision (including
any decision made by it in substitution for that decision of the Commission)
is to operate, a date not earlier than the date as from which the decision
under review was to operate.
  (5) Where the Board fixes, as the date from which a decision of the Board to
set aside a decision of the Commission to cancel a pension is to have
operated, a date (in this sub-section referred to as the "later date") after
the date (in this sub-section referred to as the "earlier date") from which
that pension was to be cancelled, that decision to cancel that pension shall,
by force of this sub-section, have effect as if it had not cancelled that
pension but had suspended it from that earlier date until that later date.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 7
                       Division 7-Membership of the Board


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 158
Appointment of members of Board

  158. (1) The members of the Board shall be appointed by the
Governor-General.
  (2) The members of the Board shall include-
  (a)  persons who were selected from lists submitted in accordance with a
request made under sub-section (3); and
  (b)  persons who are registered or licensed as medical practitioners under a
law of a State or Territory that provides for the registration or licensing of
medical practitioners.
  (3) The Minister may, from time to time, request organizations representing
veterans throughout Australia to submit to the Minister lists of names of
persons from which the organization concerned recommends that a selection be
made of persons to serve as Services members of the Board.
  (4) The Principal Member shall be appointed as a full-time member.
  (5) A member other than the Principal Member may be appointed either as a
full-time member or as a part-time member.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 159
Terms of appointment

  159. (1) Subject to this Division, a member holds office for such period,
not exceeding 5 years, as is specified in the instrument of appointment, but
is eligible for re-appointment.
  (2) A person who has attained the age of 65 years shall not be appointed or
re-appointed as a member, and a person shall not be appointed or re-appointed
as a member for a period that extends beyond the date on which the person will
attain the age of 65 years.
  (3) A member holds office on such terms and conditions (if any) in respect
of matters not provided for by this Part, as are determined by the
Governor-General by instrument in writing.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 160
Remuneration and allowances of members

  160. (1) A member shall be paid such remuneration as is determined by the
Remuneration Tribunal, but, if no determination of that remuneration is in
operation, the member shall be paid such remuneration as is prescribed.
  (2) A member shall be paid such allowances as are prescribed.
  (3) This section has effect subject to the Remuneration Tribunals Act 1973.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 161
Acting members

  161. (1) The Minister may appoint a person to act as a member-

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  (a)  during any period, or during all periods, when a member, being a
full-time member, is absent from duty or from Australia or is, for any reason,
unable to perform the functions of his or her office; or
  (b)  during any period, or during all periods, when a member, being a
part-time member, is, for any reason, unavailable to perform the duties of his
or her office.
  (2) The Minister may-
  (a)  determine the terms and conditions of appointment, including
remuneration and allowances, of a person acting as a member in pursuance of an
appointment under sub-section (1); and
  (b)  at any time terminate such an appointment.
  (3) Where a person is acting as a member in accordance with paragraph (1)(a)
or (b) and the office of that member becomes vacant while the person is so
acting, that person may continue so to act until the Minister otherwise
directs, the vacancy is filled or a period of 12 months from the date on which
the vacancy occurred expires, whichever first happens.
  (4) Where a person has been appointed under sub-section (1) to act in the
place of a member (in this sub-section referred to as the "absent member") who
is absent or unavailable, the Minister may, by reason of a pending review or
other special circumstances, direct, before the absent member ceases to be
absent or unavailable, that the person so appointed shall continue to act in
the appointment after the absent member ceases to be absent or unavailable,
until the person so appointed resigns the appointment or the Minister
terminates the appointment, but a person shall not continue to act by virtue
of this sub-section for more than 12 months after the absent member ceases to
be absent or unavailable.
  (5) A person acting in the place of the Principal Member, a Senior Member or
another member has all the powers, and shall perform all the functions and
duties, conferred or imposed by this Part on the Principal Member, Senior
Member or other member, as the case may be.
  (6) Where the Board as constituted for the purpose of a review includes a
person acting, or purporting to be appointed to act, as a member under this
section, or a person so acting, or purporting to be appointed so to act, has
done any act, the validity of any decision of, or any direction given or other
act done by, the Board as so constituted or of the act done by the person so
acting, or purporting to be appointed so to act, shall not be called in
question in any proceeding on the ground that the occasion for the person to
act, or for the appointment of the person to act, had not arisen or that the
occasion for his or her appointment to act had passed or the appointment had
ceased to have effect.
  (7) The appointment of a person to act as a member ceases to have effect if
the person resigns the appointment by writing signed by the person and
delivered to the Minister.
  (8) Section 162 applies to and in relation to a person appointed under
sub-section (1) to act in place of a member on a full-time basis as if the
person were a member, and section 165 applies to any person appointed under
sub-section (1) to act in place of a member as if the person were a member.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 162
Leave of absence

  162. The Minister may grant leave of absence to a full-time member on such
terms and conditions as to remuneration or otherwise as the Minister
determines.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 163
Resignation

  163. A member may resign office by writing signed by the member and
delivered to the Governor-General.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 164
Removal from office

  164. (1) The Governor-General may remove a member from office on the ground
of proved misbehaviour or physical or mental incapacity.
  (2) The Minister may suspend a member from office on the ground of
misbehaviour or physical or mental incapacity.
  (3) Where the Minister suspends a member from office, the Governor-General
may, on the recommendation of the Minister-
  (a)  remove the member from office;
  (b)  direct that the suspension of the member continue for such further
period as the Governor-General specifies; or
  (c)  direct that the suspension of the member terminate.
  (4) The suspension of a member from office under this section does not
affect any entitlement of the member to be paid remuneration and allowances.
  (5) If-
  (a)  a member becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with the member's
creditors or makes an assignment of the member's remuneration for their
benefit;
  (b)  a member, being a member who has been appointed as a full-time member-
      (i)  engages, except with the approval of the Minister, in paid
employment outside the duties of the member's office; or
     (ii)  is absent from duty, except on leave of absence granted by the
Minister, for 14 consecutive days or 28 days in any 12 months; or

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  (c)  a member fails, without reasonable excuse, to comply with the member's
obligations under section 165, the Governor-General shall remove the member
from office.
  (6) The Governor-General may, with the consent of a member who is an
eligible employee for the purposes of the Superannuation Act 1976, by
instrument signed by the Governor-General, retire the member from office on
the ground of physical or mental incapacity on a date specified in the
instrument, being a date not earlier than the date on which the instrument is
signed by the Governor-General.
  (7) A member shall not be suspended, removed or retired from office except
as provided by this section.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 165
Disclosure of interests

  165. (1) Where a member who is, or is to be, a member of the Board as
constituted by virtue of a direction under section 143, or of a re-allocation
as mentioned in sub-section 144 (1) or deemed to have been made under
sub-section 144 (3), for the purposes of a review has or acquires any
interest, pecuniary or otherwise, that could conflict with the proper
performance of the member's functions in relation to that review-
  (a)  the member shall disclose the interest to the applicant and the
Commission; and
  (b)  except with the consent of the applicant and the Commission, the member
shall not take part in the review, or exercise any powers in relation to the
review, by the Board of the relevant decision of the Commission.
  (2) Where the Principal Member becomes aware that a member who is, or is to
be, a member of the Board as constituted by virtue of a direction under
section 143 or of a re-allocation as mentioned in sub-section 144 (1) or
deemed to have been made under sub-section 144 (3), for the purposes of a
review has in relation to that review such an interest as is mentioned in
sub-section (1) of this section-
  (a)  if the Principal Member considers that the member should not take part,
or should not continue to take part, in the review-the Principal Member shall
give a direction to the member accordingly; or
  (b)  in any other case-the Principal Member shall cause the interest of the
member to be disclosed to the applicant and to the Commission.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 8
                            Division 8-Miscellaneous


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 166
Delegation

  166. (1) The Principal Member may, either generally or as otherwise provided
by the instrument of delegation, by writing signed by the Principal Member,
delegate to a Senior Member or to an acting Senior Member all or any of the
Principal Member's powers under this Part, other than this power of
delegation.
  (2) A power delegated under this section, when exercised by the delegate,
shall, for the purposes of this Part, be deemed to have been exercised by the
Principal Member.
  (3) A delegation under this section does not prevent the exercise of a power
by the Principal Member.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 167
Protection of members and witnesses

  167. (1) A member has, in the performance of his or her duties as a member,
the same protection and immunity as a Justice of the High Court.
  (2) A person representing a party at a hearing of a review before the Board
has the same protection and immunity as a barrister has in appearing for a
party in proceedings in the High Court.
  (3) Subject to this Part, a person summoned to attend, or appearing, before
the Board as a witness has the same protection, and is, in addition to the
penalties provided by this Part, subject to the same liabilities, as a witness
in proceedings in the High Court.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 168
Failure of witness to attend

  168. A person who has been served, as prescribed, with a summons to appear
as a witness before the Board and tendered reasonable expenses shall not,
without reasonable excuse-
  (a)  fail to attend as required by the summons; or
  (b)  fail to appear and report from day to day unless excused, or released
from further attendance, by a member.
  Penalty: $1,000 or imprisonment for 6 months, or both.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 169
Refusal to be sworn or to answer questions, &c.

  169. (1) A person appearing as a witness before the Board shall not, without
reasonable excuse-
  (a)  when required in pursuance of section 151 either to take an oath or
make an affirmation-refuse or fail to comply with the requirement;
  (b)  refuse or fail to answer a question that the person is required to
answer by the presiding member; or
  (c)  refuse or fail to produce a document that the person is required to
produce by a summons under this Part served on the person as prescribed.
  Penalty: $1,000 or imprisonment for 6 months, or both.

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  (2) A person appearing as a witness before the Board shall not knowingly
give evidence that is false or misleading in a material particular.
  Penalty: $2,000 or imprisonment for 12 months, or both.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 170
Contempt of Board

  170. (1) A person shall not-
  (a)  obstruct or hinder the Board or a member in the performance of the
functions of the Board; or
  (b)  disrupt a hearing before the Board.
  Penalty: $2,000 or imprisonment for 12 months, or both.
  (2) In sub-section (1), "member" includes an acting member.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 171
Fees for witnesses

  171. (1) A person, other than the applicant, summoned to appear as a witness
at a hearing before the Board is entitled to be paid, in respect of the
person's attendance, fees, and allowances for expenses, fixed by or in
accordance with the regulations in respect of his or her attendance.
  (2) Subject to sub-section (3), the fees and allowances shall be paid-
  (a)  in a case where the witness was summoned at the request of the
applicant-by that applicant; and
  (b)  in any other case-by the Commonwealth.
  (3) The Board may, in its discretion, order that the fees and allowances of
a witness referred to in paragraph (2) (a) shall be paid, in whole or in part,
by the Commonwealth.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 172
Staff to assist Board

  172. Any staff required to assist the Board shall be persons appointed or
employed under the Public Service Act 1922 and made available for the purpose
by the Secretary.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 173
Oath or affirmation of office

  173. (1) A person who is appointed or re-appointed as a member, or to act as
a member, shall not discharge the duties of the office unless the person has
taken an oath, or made an affirmation, in accordance with the form of oath or
affirmation in Schedule 4.
  (2) The oath or affirmation shall be made before a justice of the peace or a
commissioner for taking affidavits.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART X
      PART  X-REVIEW  OF  DECISIONS  BY  ADMINISTRATIVE  APPEALS  TRIBUNAL


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 174
Interpretation

  174. (1) In this Part, unless the contrary intention appears, "reviewable
decision" means a decision in respect of which application may be made to the
Administrative Appeals Tribunal under section 175.
  (2) In this Part, a reference to a veteran shall be read as a reference to-
  (a)  a veteran as defined by sub-section 35 (1); or
  (b)  a member of the Forces, or a member of a Peacekeeping Force, as defined
by sub-section 68 (1).

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 175
Applications for review

  175. (1) Where a decision made by the Commission has been reviewed by the
Board upon a request made under section 135 and affirmed or set aside, then,
subject to section 29 of the Administrative Appeals Tribunal Act 1975,
application may be made to the Administrative Appeals Tribunal for a review-
  (a)  of the decision of the Commission that was so affirmed; or
  (b)  of the decision made by the Board in substitution for the decision so
set aside, as the case may be.
  (2) Where the Commission, under section 59, affirms a decision of the
Commission made under section 46 or 58 or sets aside a decision made under
section 46 or 58 and substitutes another decision for it, then, subject to
section 29 of the Administrative Appeals Tribunal Act 1975, application may be
made to the Administrative Appeals Tribunal for a review-
  (a)  of the decision so affirmed; or
  (b)  of the decision made by the Commission under section 59 in substitution
for the decision previously made by the Commission under section 46 or 58.
  (3) Where the Commission varies a decision under sub-section 31 (2) after an
application had been made to the Administrative Appeals Tribunal for a review
of that decision but before the determination of that application, then,
unless the applicant for the review withdraws the application, the application
shall be treated as if it were an application for a review of the decision as
so varied.
  (4) Where the Commission, under section 115, affirms a decision of the
Commission in respect of an application for an allowance or benefit referred
to in sub-section 115 (1), or sets aside such a decision and substitutes
another decision for it, then, subject to section 29 of the Administrative
Appeals Tribunal Act 1975, application may be made to the Administrative
Appeals Tribunal for a review-
  (a)  of the decision so affirmed; or
  (b)  of the decision made by the Commission under section 115 in
substitution for the decision so set aside.

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VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 176
Application of Administrative Appeals Tribunal Act

  176. (1) The Administrative Appeals Tribunal Act 1975 applies in relation to
reviewable decisions as if paragraph 25 (3) (a) of that Act had been omitted.
  (2) For the purposes of the application of section 27 of the Administrative
Appeals Tribunal Act 1975 to and in relation to a reviewable decision, the
Commission shall be taken to be a person whose interests are affected by a
decision of the Board to set aside a decision of the Commission under section
19 or 31 of this Act and by the decision of the Board made in substitution for
the decision so set aside.
  (3) Section 28 of the Administrative Appeals Tribunal Act 1975 does not
apply to or in relation to a person whose interests are affected by a
reviewable decision if the person has been served with a copy of that decision
and with the statement related to that decision in accordance with section 34,
62 or 140, whichever was applicable.
  (4) Section 29 of the Administrative Appeals Tribunal Act 1975 applies to
and in relation to an application to the Administrative Appeals Tribunal for a
review of a reviewable decision-
  (a)  as if "ending 3 months" were substituted for "ending on the
twenty-eighth day" in sub-section (2) of that section; and
  (b)  as if at the end of sub-section (7) there were added "until such date,
being a date not more than 12 months after the date on which the document
setting out the terms of the decision was furnished to the applicant, as the
Tribunal deems fit".
  (5) Section 30 of the Administrative Appeals Tribunal Act 1975 applies to a
proceeding before the Administrative Appeals Tribunal for a review of a
reviewable decision as if paragraphs (1) (a) and (b) of that section were
omitted.
  (6) Subject to section 30 of the Administrative Appeals Tribunal Act 1975 in
its application in accordance with sub-section (5) of this section, the
parties to a proceeding before the Administrative Appeals Tribunal for a
review of a reviewable decision are-
  (a)  if the person who has duly applied for a review of the decision is a
person other than the Commission-
      (i) the person who has so applied; and
     (ii) the Commission; or
  (b)  in any other case-
      (i) the Commission; and
     (ii) the veteran, or dependant of a deceased veteran, affected by that
decision.
  (7) Notwithstanding sub-section 43 (1) of the Administrative Appeals
Tribunal Act 1975, where the Administrative Appeals Tribunal sets aside a
decision under sub-section 31 (6) to cancel or suspend, or reduce the rate of,
a pension, or a decision under sub-section 31 (8) to increase the rate of a
pension, being-
  (a)  a decision of the Commission that has been affirmed by the Board; or
  (b)  a decision of the Board that was made in substitution for a decision of
the Commission, the Administrative Appeals Tribunal need not make another
decision in substitution for the decision so set aside.
  (8) Notwithstanding sub-section 43 (1) of the Administrative Appeals
Tribunal Act 1975, where the Administrative Appeals Tribunal sets aside a
decision under sub-section 58 (1) to cancel or suspend, or reduce the rate of,
a service pension, a wife's service pension or a carer's service pension, or a
decision under sub-section 58 (3) to increase the rate of such a pension,
being-
  (a)  a decision that has been affirmed by the Commission under section 59;
or
  (b)  a decision of the Commission made in substitution for a decision set
aside under section 59, the Administrative Appeals Tribunal need not make
another decision in substitution for the decision so set aside.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 177
Effective dates of payment of pension or increased pension

  177. (1) This section is in addition to, and not in substitution for, any of
the provisions of section 43 of the Administrative Appeals Tribunal Act 1975
in their application to proceedings for a review by the Administrative Appeals
Tribunal of a reviewable decision.
  (2) Where the Administrative Appeals Tribunal, upon application made under
sub-section 175 (1) for a review of a decision, grants a pension (not being a
service pension), or increases the rate at which a pension (not being a
service pension) is to be paid, the Tribunal may approve payment of the
pension, or payment of the pension at the increased rate, as the case may be-
  (a)  if the application was made within 3 months after service on the
applicant of a document setting out the terms of that decision-from a date not
earlier than the earliest date as from which the Board could, if it had not
made that decision, have approved payment of the pension, or payment of the
pension at the increased rate, as the case may be; or
  (b)  in any other case-
      (i) if the review relates to a claim in accordance with section 14, from
a date not more than 6 months before the date on which the application under
sub-section 175 (1) was made; or

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     (ii) if the review relates to an application in accordance with section
15, from the date on which the application under sub-section 175 (1) was made.
  (3) Where the Administrative Appeals Tribunal, on a review of a decision of
a kind described in sub-section 176 (7) or (8), varies or sets aside that
decision, the Administrative Appeals Tribunal may fix, as the date as from
which its decision (including any decision made by it in substitution for the
decision set aside) is to operate, a date, being-
  (a)  if application for the review was made within 3 months after service on
the applicant of a copy of the decision of the Board or the Commission, as the
case may be-a date not earlier than the date as from which the decision under
review was to operate; or
  (b)  in any other case-a date not earlier than the date on which the
application was made to the Administrative Appeals Tribunal.
  (4) Where the Administrative Appeals Tribunal fixes, as the date from which
its decision to set aside a decision of the Commission, or of the Board, to
cancel a pension is to have operated, a date (in this sub-section referred to
as the "later date") after the date (in this sub-section referred to as the
"earlier date") on which that pension was to be cancelled, that decision to
cancel that pension shall, by force of this sub-section, have effect, and be
deemed to have had effect, as if it had not cancelled that pension but had
suspended it from that earlier date until that later date.
  (5) Where the Administrative Appeals Tribunal, upon application under
sub-section 175 (2) for a review of a decision, grants a service pension or
increases the rate at which a service pension is to be paid, the Tribunal may
approve payment of the service pension, or service pension at the increased
rate, as the case may be-
  (a)  if the application was made within 3 months after service on the
applicant of a document setting out the terms of that decision-from a date not
earlier than the earliest date as from which the Commission could, if it had
not made that decision, have approved payment of the pension, or payment of
the pension at the increased rate, as the case may be, under section 59; or
  (b)  in any other case-from the date on which the application under
sub-section 175 (2) was made.
  (6) Where the Administrative Appeals Tribunal, upon application under
sub-section 175 (4) for a review of a decision made by the Commission with
respect to an application for an allowance under section 97, 102, 103 or 104,
grants the allowance referred to in that section, or increases the rate at
which the allowance so referred to is to be paid, the Tribunal may approve
payment of the allowance, or of the allowance at the increased rate, as the
case may be-
  (a)  if the application was made within 3 months after service on the
applicant of a document setting out the terms of that decision-from a date not
earlier than the earliest date as from which the Commission could, if it had
not made that decision, have approved payment of the allowance, or payment of
the allowance at the increased rate, as the case may be; or
  (b)  in any other case-from the date on which the application under
sub-section 175 (4) was made.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 178
Period of operation of certain decisions of Administrative Appeals Tribunal

  178. (1) Where, on a review of a reviewable decision, the decision of the
Administrative Appeals Tribunal expressly, or in effect-
  (a)  assesses a rate of pension or increased rate of pension;
  (b)  refuses to grant a pension, on the ground that the extent of the
incapacity of the veteran was insufficient to justify the grant of such a
pension;
  (c)  refuses to increase the rate of a pension; or
  (d)  reduces the rate of a pension, that decision of the Administrative
Appeals Tribunal shall, subject to sub-section (2), be binding on the parties
to the proceedings before that Tribunal for a period of 6 months commencing on
the day on which that Tribunal makes the decision.
  (2) If, during the period referred to in sub-section (1), the person to whom
the pension is payable, or who was refused a pension, is of the opinion that
his or her incapacity has increased, sub-section (1) does not prevent-
  (a)  the person from making application for an increased pension or for a
pension; or
  (b)  the grant of increased pension or of a pension, from a date within that
period, by the Commission upon its consideration of such an application or by
the Board on a review of the decision of the Commission on such an
application.
  (3) In this section, "pension" does not include service pension.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART XI
                     PART  XI-THE  REPATRIATION  COMMISSION


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1
                 Division 1-Establishment, functions and powers


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 179
Continuance of Commission

  179. (1) The body corporate that was, immediately before the commencement of
this Act, in existence, by virtue of section 7 of the Repatriation Act 1920,
under the name Repatriation Commission continues in existence, by force of
this sub-section, under and subject to the provisions of this Act.

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  (2) The Commission-
  (a)  is a body corporate with perpetual succession;
  (b)  shall have a seal; and
  (c)  may sue and be sued.
  (3) All courts, judges and persons acting judicially shall take judicial
notice of the imprint of the seal of the Commission appearing on a document
and shall presume that the document was duly sealed.
  (4) Debts incurred by the Commission in the performance of its functions
shall, for all purposes, be deemed debts incurred by the Commonwealth.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 180
Functions of Commission

  180. (1) The functions of the Commission are-
  (a)  to grant pensions, allowances and other benefits to veterans,
dependants of veterans and certain other persons under and in accordance with
the provisions of this Act;
  (b)  to establish, operate and maintain hospitals and other institutions for
the provision of treatment for veterans, dependants of veterans and other
persons eligible to be provided with treatment under Part V;
  (c)  to arrange for the provision of treatment and other services for
veterans, dependants of veterans and other persons in accordance with this
Act;
  (d)  to provide the Minister with information concerning, and to advise the
Minister on, matters relating to the operation of this Act, including, but
without limiting the generality of the foregoing, matters relating to
pensions, allowances and other benefits for veterans, and dependants of
veterans, incapacitated from injury or disease suffered as a result of service
in a war or in war-like operations and for dependants of veterans whose deaths
are attributable to any such service; and
  (e)  such other functions as are conferred on the Commission by this or any
other Act.
  (2) The Commission shall, subject to the control of the Minister, have the
general administration of this Act.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 181
Powers of Commission

  181. (1) The Commission has power to do all things necessary or convenient
to be done for, or in connection with, the performance of its functions,
duties and powers.
  (2) The generality of sub-section (1) shall not be taken to be limited by
any other provision of this Act conferring a power on the Commission.
  (3) The Commission has power, for or in connection with the performance of
it functions-
  (a)  to enter into contracts;
  (b)  to acquire, hold and dispose of real or personal property;
  (c)  to erect buildings and structures and carry out works; and
  (d)  to engage persons to perform services for the Commission.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2
               Division 2-Constitution and meetings of Commission


VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 182
Membership of the Commission

  182. (1) The Commission shall consist of not less than 3 and not more than 5
commissioners.
  (2) The commissioners shall be appointed by the Governor-General.
  (3) The Minister may, from time to time, request organizations representing
veterans to submit to the Minister lists of names of persons from which the
organization concerned recommends that a selection be made of persons to serve
as commissioners.
  (4) The Governor-General shall, in appointing a person to be a commissioner,
ensure that, when the proposed appointment takes effect, one of the
commissioners, at least, will be a person whose name was, when the person was
appointed, on a list submitted in accordance with a request made under
sub-section (3).
  (5) Subject to section 184, a commissioner holds office on a full-time
basis.
  (6) A person who has attained the age of 65 years shall not be appointed as
a commissioner, and a person shall not be appointed as a commissioner for a
period that extends beyond the date on which the person will attain the age of
65 years.
  (7) A commissioner holds office for such period, not exceeding 5 years, as
is specified in the instrument of appointment, but is eligible for
re-appointment.
  (8) A commissioner holds office on such terms and conditions (if any), in
respect of matters not provided for by this Act, as are determined by the
Governor-General by instrument in writing.
  (9) The appointment of a commissioner is not invalidated, and shall not be
called in question, by reason of a defect or irregularity in, or in connection
with, the appointment.
  (10) In this section, "appointment" includes re-appointment.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 183
President and Deputy President

  183. (1) The Governor-General shall appoint one of the commissioners to be

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the President and another commissioner to be the Deputy President.
  (2) The commissioner appointed to be the President or the Deputy President
holds office as President or Deputy President until the expiration of the term
of office that is current or commences at the time of his or her appointment,
but ceases to be the President or Deputy President if the commissioner ceases
to be a commissioner or resigns the office of President or Deputy President in
accordance with sub-section (3).
  (3) The commissioner appointed to be the President or the Deputy President
may resign the office of President or Deputy President by writing signed by
the commissioner and delivered to the Governor-General.
  (4) A commissioner is eligible to be re-appointed as the President or Deputy
President.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 184
Appointment of Secretary as a Commissioner and President

  184. The person holding office under the Public Service Act 1922 as
Secretary to the Department may be appointed as a commissioner and as
President while retaining the office of Secretary to the Department and, in
that event-
  (a)  the person shall perform his or her duties as commissioner and
President concurrently with the performance of his or her duties as
Secretary;
  (b)  the person shall cease to hold the offices of commissioner and
President if the person ceases to hold office as Secretary;
  (c)  the person shall not be paid remuneration or allowances in the capacity
of commissioner and President, but, for the purpose of the payment of
allowances to the person, his or her duties as Secretary shall be deemed to
include his or her duties as commissioner and President;
  (d)  subject to this section, the provisions of this Act, other than the
provisions of section 185, apply to and in relation to the person as
commissioner and President; and
  (e) the provisions of Part IV of the Public Service Act 1922 do not apply to
or in relation to the person in respect of the appointments as commissioner
and President.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 185
Remuneration and allowances

  185. (1) A commissioner shall be paid such remuneration as is determined by
the Remuneration Tribunal, but, if no determination of that remuneration is in
operation, the commissioner shall be paid such remuneration as is prescribed.
  (2) A commissioner shall be paid such allowances as are prescribed.
  (3) This section has effect subject to the Remuneration Tribunals Act 1973.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 186
Leave of absence

  186. The Minister may grant a commissioner or an acting commissioner leave
of absence upon such terms and conditions as to remuneration or otherwise as
the Minister determines.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 187
Resignation

  187. A commissioner may resign office by writing signed by the commissioner
and delivered to the Governor-General. Termination of appointment

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 188

  188. (1) The Governor-General may remove a commissioner from office on an
address praying for his or her removal on the ground of proved misbehaviour or
physical or mental incapacity being presented to the Governor-General by each
House of the Parliament in the same session of the Parliament.
  (2) The Minister may suspend a commissioner from office on the ground of
misbehaviour or physical or mental incapacity.
  (3) Where the Minister suspends a commissioner from office, the Minister
shall cause a statement of the grounds of the suspension to be laid before
each House of the Parliament within 7 sitting days of that House after the
suspension.
  (4) If, at the expiration of 15 sitting days of a House of the Parliament
after the day on which the statement has been laid before that House, an
address under sub-section (1) has not been presented to the Governor-General
by each House of the Parliament, the suspension terminates.
  (5) The suspension of a commissioner from office under this section does not
affect any entitlement of the commissioner to be paid remuneration and
allowances.
  (6) If-
  (a)  a commissioner becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with his or her
creditors or makes an assignment of his or her remuneration for their
benefit;
  (b)  a commissioner engages, except with the approval of the Minister, in
paid employment outside the duties of his or her office;
  (c)  a commissioner is absent from duty, except on leave of absence granted
by the Minister, for 14 consecutive days or 28 days in any 12 months; or
  (d)  a commissioner fails, without reasonable excuse, to comply with his or
her obligations under section 189 or 190, the Governor-General shall remove
that commissioner from office.
  (7) The Governor-General may, with the consent of a commissioner who is an

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eligible employee for the purposes of the Superannuation Act 1976, by
instrument signed by the Governor-General, retire the commissioner from office
on the ground of physical or mental incapacity on a date specified in the
instrument, being a date not earlier than the date on which the instrument is
signed by the Governor-General.
  (8) A commissioner shall not be suspended, removed or retired from office
except as provided by this section.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 189
Commissioner to disclose any interest in claims for pensions, &c.

  189. (1) For the purposes of this section-
  (a)  a claim or application for a pension that the Commission is considering
or is to consider;
  (b)  a pension that the Commission is reviewing or is to review; and
  (c)  a decision in relation to-
      (i)  a pension; or
     (ii)  a claim or application for a pension,
    that the Commission is reviewing or is to review,
are each a matte
VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - TABLE OF PROVISIONS

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - LONG TITLE

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART I PART I-PRELIMINARY

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 1 Short title

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART II PART II-PENSIONS, OTHER THAN SERVICE PENSIONS, FOR VETERANS AND THEIR DEPENDANTS

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1 Division 1-Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 12 Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2 Division 2-Eligibility for pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 13 Eligibility for pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3 Division 3-Claims for pensions and applications for increases in pensions

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 14 Claim for pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4 Division 4-Rates of pensions payable to veterans

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 22 General rate of pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 5 Division 5-Rates of pensions payable to dependants of deceased veteran

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 6 Division 6-Reviews of pensions by Commission

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 31 Review by Commission

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 7 Division 7-Procedural

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 32 Commission may take evidence

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART III PART III-SERVICE PENSIONS

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1 Division 1-Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 35 Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2 Division 2-Eligibility for service pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 38 Eligibility for service pension-age

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3 Division 3-Claims for service pensions

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 43 Claim for service pension, &c.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4 Division 4-Rates of service pensions

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 47 Rate of veteran's service pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 5 Division 5-Rent assistance and remote area allowance

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 55 Rent assistance

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 6 Division 6-Review of service pensions and decisions with respect to service

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 58 Cancellation, suspension or variation of service pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 7 Division 7-Miscellaneous

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 61 Withdrawal of claim for service pension, &c.

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART IV PART IV-PENSIONS FOR MEMBERS OF DEFENCE FORCE OR PEACEKEEPING FORCE

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1 Division 1-Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 68 Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2 Division 2-Eligibility for pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 70 Eligibility for pension under this Part

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3 Division 3-Rates of pension

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 73 Application of Divisions 4 and 5 of Part II

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 4 Division 4-Pension and other compensation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 74 Payments by way of compensation or damages

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART V PART V-MEDICAL AND OTHER TREATMENT

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 80 Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART VI PART VI-ALLOWANCES AND OTHER BENEFITS

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 1 Division 1-Preliminary

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 94 Interpretation

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 2 Division 2-Eligibility for allowances and other benefits

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 97 Clothing allowance

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - DIVISION 3 Division 3-Procedural

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 111 Application

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - PART VII PART VII-VETERANS' CHILDREN EDUCATION SCHEME

VETERANS' ENTITLEMENTS ACT 1986 No. 27 of 1986 - SECT 116 Interpretation
