Veterans' Affairs Portfolio
The Veterans' Affairs portfolio is responsible for carrying out Government policy and implementing programs to fulfil Australia's obligations to veterans and their dependants as well as providing a compensation claims management service to serving and former members of the Australian Defence Force. The portfolio is made up of two agencies: the Department of Veterans' Affairs and the Australian War Memorial.
Within the portfolio there is also a number of distinct organisational entities, which, along with the two agencies, are described below.
Repatriation Commission
The Repatriation Commission is responsible under the Veterans' Entitlements Act 1986 for granting pensions, allowances and other benefits, providing treatment and other services and generally administering the Act.
The functions and powers of the Repatriation Commission are set out in part XI of the Veterans' Entitlements Act 1986 (sections 180 and 181).
Military Rehabilitation and Compensation Commission
The Military Rehabilitation and Compensation Commission (MRCC) was established under section 361 of the Military Rehabilitation and Compensation Act 2004 (MRCA) when it received Royal Assent on 27 April 2004.
The functions and powers of the Military Rehabilitation and Compensation Commission are set out in section 362 of the MRCA.
Department of Veterans' Affairs
The Department of Veterans' Affairs provides administrative support to the Repatriation Commission and the Military Rehabilitation and Compensation Commission, is responsible for advising the Commission on policies and programs for repatriation beneficiaries and carrying out these policies and programs. As well as supporting the Repatriation Commission and the Military Rehabilitation and Compensation Commission, the Department administers legislation such as the Defence Service Homes Act 1918 under which subsidised loans for housing and housing-related benefits are provided to eligible veterans.
Veterans' Review Board
The Veterans' Review Board reviews certain decisions of the Repatriation Commission. The Board was established by the Repatriation Legislation Amendment Act 1984 and commenced operations on 1 January 1985. The Veterans' Entitlements Act 1986 preserves the continuing role of the Veterans' Review Board.
The classes of decision that the Board may review fall into two main categories: "entitlement" cases, where a claim for a pension other than a service pension was decided; and "assessment" cases, where the rate of pension payable for an accepted incapacity was assessed. In both cases, dissatisfaction with the decision is the basis on which a veteran or other affected person may lodge an application for review.
Veterans' Children Education Boards
The Boards are responsible to the Repatriation Commission for matters concerning the administration of the Veterans' Children Education Scheme in each State and Territory.
Repatriation Medical Authority
The Repatriation Medical Authority is an independent statutory body that determines statements of principles in relation to medical or scientific evidence connecting injuries, diseases or death with the circumstances of service in Australia's military forces.
Specialist Medical Review Council
The Specialist Medical Review Council is an independent statutory body that reviews the contents of a statement of principles or a decision of the Repatriation Medical Authority not to issue such a statement.
Office of Australian War Graves
The Office of Australian War Graves has three distinct roles:
- to maintain war cemeteries and individual war graves within Australia and the region, as agents of the Commonwealth War Graves Commission;
- to officially commemorate eligible veterans who have died post-war and whose deaths are accepted as being caused by war service; and
- to provide and maintain national memorials overseas.
The Director is a statutory officer responsible to the Secretary of the Department of Veterans' Affairs.
Australian War Memorial
The Australian War Memorial (AWM) was established as a corporation under the Australian War Memorial Act 1980. It operates within the Veterans' Affairs portfolio as a discrete agency.
The AWM is responsible for maintaining and developing the national memorial to Australians who have died on, or as a result of, active service or as a result of any war or warlike operations in which Australians have been on active service. It also develops and maintains a national collection of historical material, exhibits or makes available for exhibition by others, the historical material in the possession of the AWM and conducts and fosters research into Australian military history.
The director is a statutory officer, directly responsible to the Council of the Australian War Memorial, which in turn is responsible to the Minister for Veterans' Affairs.
Legislation administered by the Department of Veterans' Affairs as at 30 June 2004
A New Tax System (Bonuses for Older Australians) Act 1999, Parts 1, 2 and 5 insofar as they relate to members of the veteran community
Anzac Day Act 1995
Australian War Memorial Act 1980
Compensation (Japanese Internment) Act 2001
Defence Act 1903, in relation to paragraph 124(1)(qba)
Defence Services Homes Act 1918
Military Rehabilitation and Compensation Act 2004, except to the extent administered by the Minister for Defence
Safety, Rehabilitation and Compensation Act 1988, Part XI except for sections 143(2) and (3), 144(4), 149, 150, 153(2), 156, 158 and 159
Repatriation Institutions (Transfer) Act 1992
Veterans' Entitlements Act 1986
Veterans' Entitlements (Clark Review) Act 2004
Veterans' Entitlements (Rewrite) Transition Act 1991
Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986
War Graves Act 1980
War Precautions Act Repeal Act 1920
The Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 will take effect on 1 July 2004
Annual Reports
This publication contains the annual reports of:
- the Repatriation Commission (submitted under section 215 of the Veterans' Entitlements Act 1986);
- the Military Rehabilitation Compensation Commission (MRCC) (submitted under section 361 of the Military Rehabilitation and Compensation Act 2004);
- the Department of Veterans' Affairs;
- the Defence Service Homes (DSH) scheme (submitted under section 50B of the Defence Service Homes Act 1918). Please see Output 1.4 of the DVA Annual Report;
- the Office of Australian War Graves, submitted under section 13(1) of the War Graves Act 1980. Please see Output 3.2 of the DVA Annual Report; and
- the National Treatment Monitoring Committee (NATMOC), submitted under paragraph 16 of the Repatriation Private Patient Principles determined under section 90A of the Veterans' Entitlements Act 1986.
The following agencies submit separate annual reports to the Minister for Veterans' Affairs:
- the Veterans' Review Board;
- the Australian War Memorial;
- the Repatriation Medical Authority; and
- the Specialist Medical Review Council.