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Annual Reports Contents >> Appendices >> Appendix C - Freedom of Information Act Section 8 Statement >>
The Department of Veterans' AffairsThis section 8 statement is correct to 30 June 2002 and replaces the statement published in the 2000–2001 Annual Report of the department. Ministerial powersDecision-making powers that affect the public are held by the Minister for Veterans' Affairs. The department may provide advice to the Minister on the exercise of these powers. Further details may be obtained by referring to the legislation. Defence Service Homes Act 1918 Determine or refuse to determine vesting dates in a state or territory relating to portfolio assets—sub-section 6B. Delegate any of the Minister's powers or functions under the Act—sub-section 6(1). Approve guidelines to determine if a person is suffering financial hardship for the purposes of the Act—sub-sections 20(4), 21(3) and 23(6). Defer payments of subsidy to the bank in accordance with clause 12 of the agreement—section 28. Vary the statement of conditions in relation to insurance risks—sub-sections 38A (3) (4) and (5). Review a decision made personally by the Secretary—sub-section 43(5). Secretary's powers and functionsListed below are the decision-making powers affecting members of the public held by the Secretary, Deputy Commissioners or staff of the Department of Veterans' Affairs. Further details may be obtained by reference to legislation. The department is responsible for the investigation of claims made for disability and service pensions, allowances and other benefits, with a view to submitting them to determining authorities. It is responsible also for the provision of housing assistance in the form of subsidised loans and comprehensive homeowners' buildings insurance cover. Veterans' Entitlements Act 1986 Investigate the matters to which a claim for pension or application for increase of pension relates and submit the claim or application to the Commission for its consideration and determination in accordance with sections 17, 35G, 36K, 37K, 38K and 45P. Acknowledge, in writing, the receipt of an oral withdrawal of claim for qualifying service—sub-section 35FC. Require claimant to take action to obtain a comparable foreign pension—sections 36JE, 37JE, 38JE. 45NF and 54BA. Require applicant for registration as member of Pension Bonus Scheme to provide further information within a specified period—sub-section 45TF(2) Give a claimant a notice inviting him/her to claim a pension bonus if the Secretary knows that he/she is registered as a member of the Pension Bonus Scheme—sub-section 45UK(3). Cause an investigation into matters relating to a claim for pension bonus—sub-section 45UN(1). Submit a claim for pension bonus to the Commission for determination—sub-section 45UN(2). Register a charge as an encumbrance—section 52ZL Require notification of change of circumstances—section 54. Require particular information relevant to the payment of a pension—section 54A. Require a recipient to give information, produce documents or appear before an officer—section 54AA. Require a person to apply for a foreign pension—section 52ZL. Investigate matters relating to hardship—section 52Y. Acknowledge, in writing, the receipt of an oral withdrawal of claim for seniors health card—sub-section 118ZD(6). Investigate a proper claim for seniors health card and submit claim to the Commission for consideration and determination—sub-sections 118ZE(1) and (2). Give a holder of a seniors health card a notice requiring the person to inform the department of the happening of event or change of circumstance—sub-section 118ZI(1). Give a holder of a seniors health card a notice requiring the person to give a statement concerning a matter that may affect the person's eligibility—sub-section 118ZJ(1). Serve notices upon persons requiring them to provide such information as is specified in the notice—sections 127 and 128. Request a tax file number, receive evidence of tax file number and waive requirement of spouse's tax file number—section 128A. Provide information obtained in the performance of his/her duties to the Secretary of another Commonwealth department or head of an authority of the Commonwealth—sub-section 130(2). Request a person to attend for a medical examination or investigation relating to a claim or review—sub-section 132(1)(d). Prepare a report for the Veterans' Review Board, after application is made to the board for a review of a decision, referring to evidence held by the department and any comments made by the applicant on the report—section 137. Make staff available to assist the Repatriation Medical Authority—section 196T. Make staff available to assist the Specialist Medical Review Council—section 196ZM. Delegate any of the Secretary's powers under the Act or regulations—section 214. Defence Service Homes Act 1918 Treat an ‘Australian soldier' who has been discharged from the forces for misconduct or misbehaviour as an eligible person in certain circumstances—sub-section 4(2D). Determine that a person is living with a wife or husband on a bona fide domestic basis for the purposes of the Act—sub-section 4(3C). Deem land to be a holding under certain circumstances—sub-sections 4(4) and 4(5). Treat an eligible person and the wife or husband of that eligible person together as an eligible person for the purposes of the Act—sub-section 4A(1). Determine that a person meets specified criteria for revocation of their surrender of their eligible person status—sub-section 4BB(2). Delegate any of the Secretary's powers under the Act—section 6A. Lodge a notice with the Registrar-General, Registrar of Titles in any state or territory, notifying that assets previously belonging to the former Defence Service Homes Corporation vest in the Commonwealth—sub-section 6D(4). Approve application forms—section 15. Issue a notice of eligibility to an applicant if satisfied that the applicant is an eligible person under the Act—section 16. Issue a Certificate of Entitlement if satisfied that the applicant is an eligible person under that relevant criteria in sections 18,19, 20, 21 or 21A have been satisfied—section 17. Issue a Certificate of Entitlement in respect of a transfer of a property to an eligible person provided it is reasonable to do so—section 22. Issue a Certificate of Entitlement for instalment relief where financial hardship exists—section 23. Issue a Certificate of Assignment to an applicant where the bank is to make the advance to another person—section 23A. Make written determinations specifying the kinds of conditions to which an assignor and assignee must agree—sub-section 23A(3). Make written determinations as to the kinds of matters to be included in a certificate of assignment—sub-section 23A(6). Determine the maximum amounts for which subsidy is payable—section 25. Cancel the subsidy on a subsidised advance if certain criteria are satisfied—section 26. Cancel the subsidy on a specified portfolio asset if certain criteria are satisfied—section 27. Cancel subsidy on a subsidised advance three months after the death of a borrower where there is no surviving spouse—section 27A. Provide the bank, under sub-clause 11.16 of the agreement, one month's notice of the intended cancellation of a subsidy—sub-section 27(1). Take action to recover subsidy that has ceased to be payable—section 29. Waive or allow payment by instalments the amount recoverable by the Commonwealth under section 29—sub-section 30(1). Determine the maximum term of an additional advance, widow/widower advance or an advance for essential repairs to be specified under paragraph 17(3)(b)—section 36. Exercise powers on behalf of the Commonwealth in respect of the Defence Service Homes Insurance Scheme—sub-sections 38A(1) and (2). Undertake the insurance of dwelling-houses, building materials and any permanent domestic improvements of a structural kind—sub-sections 38C(1) and 38CA(1). Undertake insurance against risks related to specific land—sub-sections 38 C(2) and 38CA(2). Undertake insurance in relation to a residence in a retirement village, building materials and any permanent domestic improvements of a structural kind—sub-section 38C(2A). Undertake insurance against risks related to specified land—sub-section 38C(3). Do all things necessary and convenient to effect insurance, including entering into concessions agreements—sub-section 38C(3) and section 38CB. Determine the amount and risks which are reasonably required where the dwelling-house or building materials are insured other than with the Commonwealth—paragraph 38D(1) (b). Determine the manner of notice of termination of insurance—sections 38E and 38EA. Enter into a reinsurance contract or arrangement—section 38F. Make payments for State fire brigade services—section 38G. Issue a notice in writing, explaining the terms of the decision, to a person whose interests are affected after the making of a reviewable decision—sub-section 43(1). Vary the period in which lodgement of an application for review must be made—sub-section 43(3). Review a reviewable decision by a person senior to the person who made the decision—sub-section 43(4). Cause a notice in writing to be provided to a person whose interests are affected by decisions made under section 43 and sub-section 44(1). Approve the repossession or sale of the estate or interest of a purchaser or borrower in cases of bankruptcy or insolvency—section 45A. Disclose information to the bank—sub-section 45B(1). Obtain a report from an inspector or valuer as to the state and condition of a property in respect of which an advance has been made—section 46. Provide a dwelling-house for the use of a totally and permanently incapacitated or blinded Australian soldier who is receiving, or is eligible to receive, a pension under Part II of the Veterans' Entitlements Act 1986 and to whom section 24 of the Act applies—section 47. Approve use of words which suggest that a business has authority under the Act—section 50A. Repatriation Institutions (Staff) Act 1991 Declare an institution to be an appropriate state institution for the purposes of the Act—sub-section 3(2). Determine that specified staff or employees employed at a repatriation institution are not affected employees—sub-section 4(3). Freedom of Information Act 1982 and Regulations Grant, defer or refuse access to documents. Impose charges and remit application fees. Amend or refuse to amend personal records. Review a decision made under the Act. Transfer an access request to another agency. Deputy Commissioners' Powers and FunctionsData-matching Program (Assistance and Tax) Act 1990 Take action on basis of information received subject to provision of notice and of destruction of information as required—sections 10 and 11. Freedom of Information Act 1982 and Regulations Grant, defer or refuse access to documents. Impose charges and remit application fees. Amend or refuse to amend personal records. Review a decision made under the Act. Transfer an access request to another agency. Other LegislationTake action in respect of terms and conditions of employment in accordance with delegations under the Public Service Act 1999 or regulations. Approve requisitions for goods and services in accordance with the Financial Management and Accountability regulations. Authorise payments, receive payment of accounts, write off or waive rights to certain moneys or stores, recover debts or overpayments and issue receipts in accordance with the Financial Management and Accountability regulations. Invite tenders, enter into contracts, requisition supplies, keep records of loans made, and lend, hire or dispose of stores in accordance with the Financial Management and Accountability regulations. Arrangements for Outside ParticipationPersons or bodies outside the Department's administration may participate in policy formulation or the Department's administration of enactments or schemes by making representations in writing to the Minister or the Secretary of the Department on matters of concern to them, or by providing their services, when invited, on committees, working parties and advisory bodies established to provide the Minister or the department with expert advice. In addition, staff of the Department meet representatives of professional and other bodies outside the Commonwealth administration to discuss matters of mutual interest. Membership of certain committees operating within the ambit of the Department is restricted by legislation to representatives of specified professional organisations. There is also scope for veterans and/or other persons or organisations acting on behalf of veterans to submit evidence in support of a claim before a delegate of the Repatriation Commission or on an appeal to the Veterans' Review Board or the Administrative Appeals Tribunal. The Department's committee structure, therefore, provides scope for persons outside the Commonwealth administration to participate in policy formulation or administrative processes. Departmental committees operate within the ambit of both the Department's National office and in each State office. Their number precludes a listing of all of them in this publication, but information on committees, working parties etc. can be obtained by writing to the Secretary, Department of Veterans' Affairs, or the Deputy Commissioner at each State office. Persons or bodies outside the Repatriation Commission and the Department have been contracted to provide certain health services, and in particular, the Veterans' Home Care program. This includes assessing the need for assistance and making decisions to approve or decline such requests and deciding the level, frequency and type of services to be provided if approved.The legislative basis for approving treatment under the Veterans' Home Care program comes from Part V of the VEA. The contractors' decision making powers are conferred by their respective contracts. Repatriation Medical AuthorityThe Repatriation Medical Authority (RMA) is a statutory authority established under section 196A of the Veterans' Entitlements Act 1986 (VEA). Five eminent medical-scientific experts, each representing a speciality, are members of the RMA. Under section 196B of the VEA the authority is authorised to determine those medical contentions that are based on sound medical-scientific evidence, and to provide a relevant relationship between service and injury, disease or death. The determinations of the RMA are issued in the form of statements of principles (SoPs) that are disallowable legislative instruments. The medical content of these statements is binding on decision makers at all levels, including the Repatriation Commission, the Veterans' Review Board, the Administrative Appeals Tribunal and the courts. SoPs are available in both hardcopy and on the DVA website http://internet/pensions/statemnt/default.htm. Specialist Medical Review CouncilThe Specialist Medical Review Council is established under section 196V of the VEA. The members of the council are eminent medical practitioners and medical scientists whose names are put forward by the professional colleges. The council has power, under section 196W of the VEA, to review determinations by the RMA. Military Compensation & Rehabilitation ServiceSafety, Rehabilitation & Compensation Act 1988 (SRCA) Staff of the Military Compensation & Rehabilitation Service, within the Department of Veterans' Affairs, hold delegations of a number of powers and functions under the SRCA by virtue of an instrument of Delegation issued by the Chief Executive Officer of ComCare pursuant to section 73B of the Act. Declare that a person is an ‘employee' for the purposes of the Act—sub-sections 5(6) and 5(6A). Determine the amount of compensation payable to pay the cost of medical treatment obtained in relation to the injury—sub-section 16(1). Determine amount of compensation payable to pay compensation to dependants where an injury to an employee results in death—sub-sections 17(4), 17(8) and 17(10). Determine amount payable to pay funeral expenses where an injury to an employee results in death—section 18. Determine amount payable to an employee who is incapacitated for work as a result of an injury—paragraphs 19(4)(f) and 19(4)(g). Determine level of compensation payable where employee is maintained in hospital—section 22. Liability to pay compensation where an injury to an employee results in a permanent impairment—section 25. Assess the amount of compensation for non-economic loss—section 27. Determine the amount of compensation for household services and attendant care services—section 29. Determine liability to pay a lump sum redemption amount in lieu of small weekly payments—sections 30 and 137. Arrange an assessment of an employees capability of undertaking a rehabilitation program—section 36. Determine whether an employee should undertake a rehabilitation program—section 37. Determine the amount of compensation payable in respect of certain alterations—section 39. Institute proceedings against third parties—section 50. Require an employee to undergo a medical examination—section 57. Reconsider a determination—section 62. Require departments and authorities to provide such documents or information as is specified in the notice—section 71. Determine whether an overpayment of compensation has been made and is recoverable—section 114B. Write off or waive a debt—sections 114C and 114D. Determine liability to pay additional compensation for severe injury or death—Chapter 10, Part 5 of Defence Determination 2000/1. Categories of DocumentsThe following are the categories of documents maintained by the Department at its National Office or the State office in each state. Mailing listsThe Department maintains mailing lists for its own use to disseminate information through media releases, publications, magazines and newsletters. The lists contain names and addresses of ex-service organisations, the media, members of the Senate and the House of Representatives, Commonwealth departments and university libraries, local medical officers, local dental officers, approved pharmacists, physiotherapists, optometrists, podiatrists, schools, museums, local government associations and historical and genealogical societies. Briefs, submissions and reportsThe Department prepares and holds, for use as internal working papers or otherwise, copies of briefing papers, submissions and reports relevant to specific functions. Briefing papers and submissions include those prepared for Ministers, the Repatriation Commission, committees, conferences and government inquiries. Reports are generally limited to meetings of working parties and committees. Database recordsA wide variety of client databases is held as computer files and printouts, index cards, microfiche, preprinted forms and statistical tabulations. Comprehensive statistical tables are published in the Department's annual report. An electronic database is also held containing the contact details and other identifying information about clients, suppliers of goods and services, certain health care providers, and other users of the secure services available through the main departmental website. FilesThe Department maintains files—either paper based or electronic—on a wide range of topics at its National office, State offices and medical institutions. These relate to policy, procedures and reports on departmental functions and activities in addition to pension, medical, hospital, loan, insurance, research projects, land acquisition, estate development, Repatriation Artificial Limb and Appliance Centre matters and discretionary grant applications relating to individual veterans, dependants and organisations. Films, videotapes and audio tapesPhotographs, slides, films, videotapes and audio tapes, dealing with training subjects, transcripts and commemorative events, are held in National office and State offices. X-rays films are generally kept for seven years before being destroyed, although reports on x-rays are kept in the patient's medical record. Medical records and reportsMedical treatment and examination records and reports, including those that were carried out in the Department's medical institutions in each state, are usually held either in paper or electronic format by the State office or the former Repatriation General Hospital in that state. These records are maintained indefinitely. Medical reports of veterans are retained permanently by the Department and Australian Archives. Maps and plansMaps and plans of departmental buildings and medical institutions are held by the Department as well as maps of some places in the world where Australian, Commonwealth and allied forces have been on active service. Sketch plans, working drawings and specifications for projects proposed or under construction also are held. AgreementsThe Department holds copies of:
Finance documentationFinance documents maintained by the Department cover such areas as the chart of accounts, the register of accounts, expenditure and revenue ledgers, receipt books, requisition, estimates, and budgeting forms. Also held are papers for external presentation, for example, to the Australian Society of Certified Practicing Accountants and the Institute of Public Administration Australia. RegistersRegisters are maintained in various areas of the Department, principally for scheduling incoming correspondence and claims. Numerous other registers, covering such subjects as repairs to artificial limbs, appliances and footwear, examination and treatment matters, administration of the Department, allocation of file numbers, assets, shares, securities for loans and trust matters are also held. Technical reportsTechnical or administrative reports are produced in different areas of the Department. Examples are establishment reports, audit reports, management review reports and equipment evaluations. Planning and information systemsThese assist the Department to plan the proper use of resources and finances, evaluate current efficiency and supply statistics on the delivery of benefits to clients. Cabinet documentationNational office retains copies of submissions to Cabinet as well as copies of other departments' submissions where there is a matter of interest to the Veterans' Affairs portfolio. Also held is a copy of each Cabinet decision affecting the operations or policies of the Department and a card index to assist in referring to those decisions. This only applies to submissions to and decisions from the current Government. Delegations, authorisations, opinions, decisions and instructionsNational office holds the originals of the following:
National office also holds copies of opinions on legal questions, Veterans' Review Board decisions (for a limited period) and decisions of the Administrative Appeals Tribunal, the Federal Court and the High Court concerning repatriation cases. ManualsThe Department maintains a number of publications for the guidance of its staff and some non-departmental persons in the making of decisions. Full details of those manuals, guidelines, instructions etc held within the Department which are available for perusal and purchase by the public are contained in the statement prepared to comply with section 9 of the Freedom of Information Act 1982. A number of these documents are available from the Department's main website in compliance with the Department's Online Information Service Obligations. PublicationsDocuments that are customarily made available free of charge include annual reports; a directory of ex-service organisations; a booklet providing advice for amputees; admission and visitor guides; a booklet of figures concerning repatriation benefits and assistance; a range of publications covering statistical information on veterans' benefits and demographics; ad hoc commemorative publications and various information pamphlets on various repatriation benefits. Ad hoc commemorative publications published by the Department are available for purchase at the Australian War Memorial Shop. Six documents, the publication of which is required by the Veterans' Entitlements Act 1986, are published by the Department and sold in Government Info Shops. They are: the Guide to the Assessment of Rates of Veterans' Pensions; Treatment Principles; Repatriation Pharmaceutical Benefits Scheme; Repatriation Private Patient Principles; Vehicle Assistance Scheme; and Veterans' Children Education Scheme. A large suite of policy and legislative material, including these documents, is also available from the main DVA website at www.dva.gov.au/media/aboutus. DVA's Consolidated Library of Online Information and Knowledge (CLIK), in accordance with OISOs. Document accessFacilities for consulting documents are provided in the department's National office and in each State office. Departmental publications may be obtained from any of these offices. From 1 June 2000, all new non-commercial publications are available electronically via the Department's website—www.dva.gov.au. Information about facilities for access for disabled people can be obtained by contacting the Department's FOI contact officers or from the Website Legal and Policy Statements on the department's main website. A hyperlink is provided at the bottom of the site's home page. General inquiries about access to documents or other matters relating to freedom of information should be made to the FOI contact officers in each capital city, whose addresses and telephone numbers are listed below.
The Department will refer to other agencies requests that involve information not held by the Department, but known to be available in another agency, and requests for information that are more closely connected with the functions of another agency.
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