Veterans’ Affairs Legislation Amendment (Digital Readiness and Other Measures) Act 2017

No. 28, 2017

An Act to amend the law relating to veterans’ entitlements and military rehabilitation and compensation, and for related purposes

Contents

1 Short title 2

2 Commencement 2

3 Schedules 3

Schedule 1—Computerised decision-making 4

Military Rehabilitation and Compensation Act 2004 4

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 5

Veterans’ Entitlements Act 1986 7

Schedule 2—Disclosure of information 9

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 9

Veterans’ Entitlements Act 1986 10

Schedule 3—Technical amendments 11

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 11

Veterans’ Entitlements Act 1986 11

An Act to amend the law relating to veterans’ entitlements and military rehabilitation and compensation, and for related purposes

[Assented to 4 April 2017]

The Parliament of Australia enacts:

1 Short title

This Act is the Veterans’ Affairs Legislation Amendment (Digital Readiness and Other Measures) Act 2017.

2 Commencement 1

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.

Commencement information	Commencement information	Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	4 April 2017
2. Schedule 1, items 1 and 2	The day after this Act receives the Royal Assent.	5 April 2017
3. Schedule 1, items 3 and 4	The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of Part 2 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.	12 October 2017 (paragraph (b) applies)
4. Schedule 1, items 5 and 6	The day after this Act receives the Royal Assent.	5 April 2017
5. Schedule 2	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Part 2 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.	12 October 2017 (paragraph (b) applies)
8. Schedule 3, item 1	The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Part 2 of Schedule 1 to the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Act 2017. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.	12 October 2017 (paragraph (b) applies)
9. Schedule 3, items 2 and 3	The day after this Act receives the Royal Assent.	5 April 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules

Legislation 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.

Computerised decision-making

Military Rehabilitation and Compensation Act 2004

1 After section 4

Insert:

4A Secretary may arrange for use of computer programs to make decisions or determinations 1

The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:

a

make a decision or determination; or

b

exercise any power or comply with any obligation; or

c

do anything else related to making a decision or determination or exercising a power or complying with an obligation.

1A

Subsection (1) does not apply to the following:

a

a decision or determination that the death of a person is not a service death;

b

a decision or determination that an injury sustained by a person is not a service injury;

c

a decision or determination that a disease contracted by a person is not a service disease.

2

For the purposes of this Act or the legislative instrument, the Commission is taken to have:

a

made a decision or determination; or

b

exercised a power or complied with an obligation; or

c

done something else related to the making of a decision or determination or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

Substituted decisions or determinations

Note: For review of a determination made in substitution, see Chapter 8.

3

The Commission may, under a provision of this Act or of the legislative instrument, make a decision or determination in substitution for a decision or determination the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision or determination made by the operation of the computer program is incorrect.

4

Subsection (3) does not limit Chapter 8 (about reconsideration and review of determinations).

2 Subsection 5(1)

Insert:

Secretary means Secretary of the Department.

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

3 After section 3

Insert:

3A Secretary may arrange for use of computer programs to make decisions or determinations 1

The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the MRCC may, or must, under this Act or a legislative instrument made for the purposes of this Act:

a

make a decision or determination; or

b

exercise any power or comply with any obligation; or

c

do anything else related to making a decision or determination or exercising a power or complying with an obligation.

1A

Subsection (1) does not apply to the following:

a

a decision or determination that a disease suffered by an employee was not contributed to, to a significant degree, by the employee’s employment by the Commonwealth or a licensee;

b

a decision or determination that an injury (other than a disease) to an employee did not arise out of, or in the course of, his or her employment;

c

a decision or determination that an aggravation of an injury (other than a disease) suffered by an employee is not an aggravation that arose out of, or in the course of, his or her employment.

2

For the purposes of this Act or the legislative instrument, the MRCC is taken to have:

a

made a decision or determination; or

b

exercised a power or complied with an obligation; or

c

done something else related to the making of a decision or determination or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

Substituted decisions or determinations

Note: For review of a decision or determination made in substitution, see Part VI.

3

The MRCC may, under a provision of this Act or of the legislative instrument, make a decision or determination in substitution for a decision or determination the MRCC is taken to have made under paragraph (2)(a) if the MRCC is satisfied that the decision or determination made by the operation of the computer program is incorrect.

4

Subsection (3) does not limit Part VI (about reconsideration and review of determinations).

4 Subsection 4(1)

Insert:

Secretary means Secretary of the Department.

Veterans’ Entitlements Act 1986

5 After section 4A

Insert:

4B Secretary may arrange for use of computer programs to make decisions 1

The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:

a

make a decision; or

b

exercise any power or comply with any obligation; or

c

do anything else related to making a decision or exercising a power or complying with an obligation.

1A

Subsection (1) does not apply to the following:

a

a decision that the death of a veteran was not war-caused;

b

a decision that an injury suffered by a veteran is not a war-caused injury;

c

a decision that a disease contracted by a veteran is not a war-caused disease;

d

a decision that the death of a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), was not defence-caused;

e

a decision that an injury suffered by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence-caused injury;

f

a decision that a disease contracted by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence-caused disease.

2

For the purposes of this Act or the legislative instrument, the Commission is taken to have:

a

made a decision; or

b

exercised a power or complied with an obligation; or

c

done something else related to the making of a decision or the exercise of a power or the compliance with an obligation;

that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

Substituted decisions

Note: For review of a decision made in substitution, see Parts IX and X.

3

The Commission may, under a provision of this Act or of the legislative instrument, make a decision in substitution for a decision the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision made by the operation of the computer program is incorrect.

4

Subsection (3) does not limit any other provision of this Act that provide for the review or reconsideration of a decision.

6 At the end of subsection 214(1)

Add “and the power under subsection 4B(1)”.

Disclosure of information

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

3 Subsection 147(2) (after table item 2)

Insert:

4 Subsection 151(1)

Omit “relevant to a defence-related claim”, substitute “required for the purposes of this Act”.

5 After subsection 151A(1)

Insert:

1A

The MRCC (or a staff member assisting the MRCC) may provide any information obtained in the performance of duties under this Act to the Secretary of the Defence Department for any purposes relating to:

a

litigation involving an injury, disease or death of an employee in relation to which a claim has been made under this Act; or

b

monitoring, or reporting on, the performance of the Defence Force in relation to occupational health and safety; or

c

monitoring the cost to the Commonwealth of injuries, diseases or deaths of employees, in relation to which claims have been made under this Act.

6 Paragraphs 151A(2)(a) and (b)

After “the information”, insert “obtained under subsection (1) or (1A)”.

8 Application provisions 1

The amendment made by item 3 applies in relation to notices given on or after the commencement of that item.

2

The amendment made by item 5 applies in relation to disclosures of information on or after the commencement of that item (whether the information was obtained before, on or after that commencement).

Veterans’ Entitlements Act 1986

9 At the end of section 130

Add:

3

To avoid doubt, if information is disclosed in accordance with subsection (2), the disclosure is taken, for the purposes of the Australian Privacy Principles, to be authorised by this Act.

Technical amendments

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

1 Section 1

After “and Compensation”, insert “(Defence-related Claims)”.

Veterans’ Entitlements Act 1986

2 Subsection 127(4) (penalty)

Omit “$1,000 or imprisonment for 6 months”, substitute “Imprisonment for 6 months or 10 penalty units”.

3 Section 216

Omit “$500”, substitute “5 penalty units”.

[Minister’s second reading speech made in—

House of Representatives on 24 November 2016

Senate on 20 March 2017]

(180/16)