Veterans’ Affairs portfolio

The Department of Veterans’ Affairs and a number of other legal entities administered by the Minister for Veterans’ Affairs are formally part of the Defence portfolio. The schedule to the annual Appropriations Acts refers to the Veterans’ Affairs portfolio and lists both the Department of Veterans’ Affairs and the Australian War Memorial as receiving moneys appropriated from the Consolidated Revenue Fund. The other entities receive administrative support and funding under agreements with the Department. These include the Repatriation Commission, Military Rehabilitation and Compensation Commission, Office of Australian War Graves, Repatriation Medical Authority, Specialist Medical Review Council, Veterans’ Children Education Boards and Veterans’ Review Board.

The Veterans’ Affairs portfolio is responsible for carrying out Government policy and implementing programs to fulfil Australia’s obligations to veterans and war widows, serving and former members of the Australian Defence Force, certain Australian Federal Police with overseas service and their dependants.

Repatriation Commission

The Repatriation Commission is responsible under the Veterans’ Entitlements Act 1986 (VEA) 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 Act.

Military Rehabilitation and Compensation Commission

The Military Rehabilitation and Compensation Commission (MRCC) is responsible for the administration of benefits and arrangements under the Military Rehabilitation and Compensation Act 2004 (MRCA) and Part XI (except sections 143(2) and (3), 144(4), 149, 150, 153(2), 156, 158 and 159) of the Safety, Rehabilitation and Compensation Act 1988 (SRCA). The functions and powers of the MRCC are set out in Chapter 9, Part 3 of the MRCAand section 142 of the SRCA.

Department of Veterans’ Affairs

The Department of Veterans’ Affairs (DVA) provides administrative support to the Repatriation Commission and the MRCC and is responsible for advising the commissions on policies and programs for beneficiaries and carrying out these policies and programs. The Department also administers legislation such as the Defence Service Homes Act 1918 under which housing assistance is provided. The Department determines claims under the SRCA for certain Australian Federal Police personnel with approved overseas service. DVA also administers the Saluting Their Service commemorations program.

Office of Australian War Graves

The Office of Australian War Graves (OAWG) 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 office holder responsible to the Secretary of the Department of Veterans’ Affairs.

Veterans’ Children Education Boards

Each State Board is responsible to the Repatriation Commission and the MRCC for matters concerning the administration of the Veterans’ Children Education Scheme and the Military Rehabilitation and Compensation Act Education and Training Scheme in each state.

Veterans’ Review Board

The Veterans’ Review Board (VRB) was established by the Repatriation Legislation Amendment Act 1984 and began operations on 1 January 1985. Its role was preserved under the Veterans’ Entitlements Actand expanded under the Military Rehabilitation and Compensation Act to cover the MRCC.

The Board’s function is to review decisions or determinations of:

the Repatriation Commission on such matters as:

claims for the acceptance of injury or disease as war/defence-caused;
claims for war widow’s/orphan’s pensions;
assessment of the rate of pension paid for incapacity from war/defence-caused injury or disease; and
claims for the grant or assessment of attendant allowance; and

the MRCC on such matters as:

liability for compensation for injury, disease or death;
compensation for permanent impairment;
compensation for incapacity for work or incapacity for service;
rehabilitation programs;
compensation for medical treatment costs; and
allowances and other benefits; and

the Service Chiefs of the Navy, Army and Air Force in relation to rehabilitation programs for members of the Services.

A person who is dissatisfied with a relevant decision of the Repatriation Commission, MRCC or a Service Chief may seek review by the VRB.

Repatriation Medical Authority

The Repatriation Medical Authority (RMA) 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 for the purpose of determining compensation claims.

Specialist Medical Review Council

The Specialist Medical Review Council (SMRC) is an independent statutory body that reviews the contents of Statements of Principles, or a decision of the RMA not to issue such a statement. The SMRC does not deal with individual applications for compensation but reviews all the information that was available before the RMA in relation to the making of statements of principles for injury or disease.

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 that material or makes it available for exhibition by others, 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 2005

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 Service Homes Act 1918
Military Rehabilitation and Compensation Act 2004, except to the extent administered by the Minister for Defence
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004
Papua New Guinea (Members of the Forces Benefits) Act 1957
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 (Clarke 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

Annual reports

This publication contains the annual reports of the following government agencies:

Government agency	Legislative provision
Repatriation Commission	Section 215 of the Veterans’ Entitlements Act 1986
Department of Veterans’ Affairs	Section 63 of the Public Service Act 1999
Defence Service Homes	Section 50B of the Defence Service Homes Act 1918 (See Output 1.4 of the DVA Annual Report)
Office of Australian War Graves	Section 13(1) of the War Graves Act 1980 (See Output 3.2 of the DVA Annual Report)
National Treatment Monitoring Committee	Paragraph 16 of the Repatriation Private Patient Principles determined under section 90A of theVEA

The following agencies submit separate annual reports to the Minister for Veterans’ Affairs:

the Military Rehabilitation and Compensation Commission;
the Veterans’ Review Board;
the Australian War Memorial; and;
the Repatriation Medical Authority.