Commonwealth Numbered Acts

VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 164 of 1994 - SECT 34

34. After section 170 of the Principal Act the following sections are
inserted: Medical expenses

"170A.(1) The Commonwealth may, subject to this section, pay to an applicant
for a review an amount to cover the medical expenses incurred by him or her in
respect of relevant documentary medical evidence submitted to the Board for
the purposes of the review.



"(2) Subsection (1) does not apply to any relevant documentary medical
evidence obtained before the day on which a copy or notice of the decision
that is subject to review was served on the applicant under section 135.



"(3) The applicant is not to be paid:

   (a)  if the applicant has submitted to the Board for the purposes of the
        review relevant documentary medical evidence relating to only one
        medical condition-more than $425 for medical expenses; or

   (b)  if the applicant has submitted to the Board for the purposes of the
        review relevant documentary medical evidence relating to more than one
        medical condition-more than $425 for the medical expenses incurred in
        respect of the evidence relating to any one of those conditions.



"(4) An amount is not payable in respect of medical expenses unless:

   (a)  the person who has incurred the expenses; or

   (b)  any person approved by that person or by the Commission; applies in
        writing to the Commission for payment under subsection (5).



"(5) The application for payment must:

   (a)  be in accordance with a form approved by the Commission; and

   (b)  be made:

        (i)    if the relevant documentary medical evidence was submitted to
               the Board before 1 January 1995-before 1 April 1995; or

        (ii)   in any other case-within 3 months after the relevant
               documentary medical evidence was submitted to the Board; and

   (c)  be lodged, together with any document that the applicant considers
        relevant, at an office of the Department in Australia.

Travelling expenses for obtaining medical evidence

"170B.(1) If an applicant has had to travel to obtain any relevant documentary
medical evidence submitted to the Board, the applicant is, subject to this
section, entitled to be paid in relation to that travel the travelling
expenses that are prescribed.



"(2) If:

   (a)  the applicant is accompanied by an attendant when travelling to obtain
        the evidence; and

   (b)  the Commission is of the view that it is reasonable for the applicant
        to be so accompanied by an attendant; the attendant is, subject to
        this section, entitled to be paid in relation to that travel the
        travelling expenses that are prescribed.



"(3) Travelling expenses are not payable in respect of travel outside
Australia.



"(4) Travelling expenses are not payable unless:

   (a)  the person who has incurred the expenses; or

   (b)  any person approved by that person or by the Commission; applies in
        writing to the Commission for payment under subsection (5).



"(5) The application for payment must:

   (a)  be in accordance with a form approved by the Commission; and

   (b)  be made:

        (i)    if the travel was done before 1 January 1995-before 1 April
               1995; or

        (ii)   in any other case-within 3 months after the end of the travel;
               and

   (c)  be lodged, together with any document that the applicant considers
        relevant, at an office of the Department in Australia.



"(6) The Commonwealth is to pay the travelling expenses to which a person is
entitled under this section.

Advance of travelling expenses

"170C.(1) If the Commission is satisfied that:

   (a)  it is reasonable to expect that a person may become entitled to
        travelling expenses under section 170B; and

   (b)  it is appropriate, in all the circumstances, that the person should be
        paid an advance on account of those expenses; the Commission may
        authorise the payment of that advance to the person.



"(2) If:

   (a)  a person has received an advance on account of any travelling expenses
        that the person is likely to incur; and

   (b)  the person:

        (i)    does not incur those travelling expenses; or

        (ii)   incurs travelling expenses that are less than the amount of the
               advance; the person is liable to repay to the Commonwealth:

   (c)  the amount of the advance; or

   (d)  the difference between the amount of the advance and the amount of the
        travelling expenses; as the case requires.".