Commonwealth Numbered Acts

VETERANS' AFFAIRS (1994-95 BUDGET MEASURES) LEGISLATION AMENDMENT ACT (No. 2) 1994 No. 164 of 1994 - SECT 54

54. After section 196ZM of the Principal Act the following sections are
inserted in Part XIB: Medical expenses

"196ZN.(1) The Commonwealth may, subject to this section, pay to an applicant
who asks the Review Council to conduct a review as provided for by this Part
an amount to cover the medical expenses incurred by him or her in respect of
relevant documentary medical evidence obtained for the purposes of the review
and submitted to the Review Council.



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

   (a)  if the applicant has submitted to the Review Council 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 Review Council 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.



"(3) 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.



"(4) The application for payment must be:

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

   (b)  made within 3 months after the relevant documentary medical evidence
        was submitted to the Review Council; and

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



"(5) For the purposes of this section 'relevant documentary medical evidence'
in relation to an application has the same meaning as is specified in section
133.

Travelling expenses for obtaining medical evidence

"196ZO.(1) If an applicant has had to travel to obtain any relevant
documentary medical evidence submitted to the Review Council, 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 be:

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

   (b)  made within 3 months after the end of the travel; and

   (c)  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

"196ZP.(1) If the Commission is satisfied that:

   (a)  it is reasonable to expect that a person may become entitled to
        travelling expenses under section 196ZO; 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.".