Compilation #1 | Effective 2024-10-14
FRBR Work URI: /akn/au/act/2004/100
This Act may be cited as the Veterans’ Entitlements (Clarke Review) Act 2004.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
In this Part:
Commission means the Repatriation Commission referred to in the Veterans’ Entitlements Act 1986.
compensation payment means a payment under this Part.
designated war period means the period beginning on 27 June 1950 and ending at the end of 19 April 1956.
eligible person means a person who is eligible for a compensation payment.
interned means:
confined in a camp, building, prison, cave or other place (including a vehicle); or
restricted to residing within specified limits.
North Korean military forces means air forces, naval forces, land forces or other military forces of North Korea (however described).
partner, in relation to a veteran, means:
a person who is legally married to the veteran; or
(b) a person who is a partner (within the meaning of the Veterans’ Entitlements Act 1986) of the veteran.
Secretary means the Secretary of the Department.
social security law means:
(a) the Social Security Act 1991; and
(b) the Social Security (Administration) Act 1999; and
any other Act that is expressed to form part of the social security law.
veteran means a person covered by section 6C of the Veterans’ Entitlements Act 1986, in so far as that section relates to item 1 of the table in Schedule 2 to that Act.
Veteran
A veteran is eligible for a compensation payment if the following conditions are satisfied:
the veteran was alive at the beginning of 1 July 2003;
the veteran was interned by North Korean military forces at any time during the designated war period.
Partner of deceased veteran
A person is eligible for a compensation payment in respect of a deceased veteran if the following conditions are satisfied:
the person was alive at the beginning of 1 July 2003;
the veteran died before 1 July 2003;
the person was a partner of the veteran immediately before the veteran’s death;
the veteran was interned by North Korean military forces at any time during the designated war period.
One payment only
A person is not entitled to more than one compensation payment.
A compensation payment is a one-off payment of $25,000.
Claims for compensation payments must be made in accordance with procedures determined by the Secretary under subsection (2).
Note: Compensation payments will be made automatically to those eligible persons the Department is aware of.
The Secretary may, in writing, determine the procedures for making claims.
Claims are to be decided by the Commission.
A person who is dissatisfied with the Commission’s decision on a claim may apply to the Administrative Review Tribunal for review of the decision.
If an eligible person dies or died before receiving a compensation payment, then the payment is to be made to the person’s estate.
Note: A claim will still be required under section 7.
The following provisions of the Veterans’ Entitlements Act 1986 apply as if this Part were part of that Act:
subsection 119(1) and sections 128, 208, 213 and 214;
any other provisions of that Act that are incidental to the provisions mentioned in paragraph (a).
Any overpayment under this Part may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.
Compensation payments are exempt from income tax.
Veterans’ Entitlements Act 1986
(1) The value of a person’s assets for the purposes of the Veterans’ Entitlements Act 1986 is reduced by any compensation payment received by the person.
Social security law
The value of a person’s assets for the purposes of the social security law is reduced by any compensation payment received by the person.
The Consolidated Revenue Fund is appropriated for the purposes of compensation payments.