This Bill provides for a once only payment to certain widows and widowers of veteran prisoners of war and to civilians interned by Japan or their widows or widowers.

Royal Assent

2000 – 01

$133.975 m

This Bill provides for a once only payment to certain widows and widowers of veteran prisoners of war and to civilians interned by Japan or their widows or widowers.

In the 2001- 02 Budget, the Government proposed a once only payment to or in respect of certain persons who had been interned by the Japanese in World War Two. The specific persons eligible for the payment are:

• a veteran who was a prisoner of war of Japan between 7 December 1941 and 29 October 1945; or

• a widow or widower of a veteran who was a prisoner of war of Japan between 7 December 1941 and 29 October 1945;

• an Australian civilian who was interned by Japan between
7 December 1941 and 29 October 1945; or

• a widow or widower of an Australian civilian who was interned by Japan between 7 December 1941 and 29 October 1945.

Statutory provision for the payments is to be made through two mechanisms. Payment to veteran prisoners of war and their widows or widowers who are dependants under the Veterans’ Entitlements Act 1986 (VEA) will be made through the Veterans Entitlements (Compensation – Japanese Internment) Regulations 2001 provided for under section 106 of the VEA.

The payments to Australian civilians, their widows and widowers and the widow or widower of a veteran prisoner of war, where the widow or widower is not eligible for payment under the Veterans Entitlements (Compensation – Japanese Internment) Regulations 2001 will be provided for under this Act.

Clause 1 sets out how the Act is to be cited.

Clause 2 sets out the commencement date of the Act.

Clause 3 defines a number of terms for the purposes of the Bill. The definitions are self-explanatory.

Clause 4 sets out the eligibility criteria to be applied to determine whether a person is eligible for a compensation payment under this Bill. There are three different categories of eligible person under this Bill.

Partner of deceased veteran

To be an eligible person as the ‘partner of a deceased veteran’ as set out in subclause 4(1)of the Bill the following conditions must be met:

• the person must be alive at the beginning of 1 January 2001, and
• the person must be the partner of a veteran who died before 1 January 2001; and
• the person must have been the partner of the veteran immediately before the veterans’ death; and
• the veteran must have been interned by the Japanese military some time between 7 December 1941 and 29 October 1945, inclusive.

A widow or widower of a veteran may be ineligible under the Veterans’ Entitlements (Compensation – Japanese Internment) Regulations 2001, made under section 106 of the VEA, because the person married or remarried after the death of the veteran .

Civilian (in own right)

To be an eligible person as the ‘Civilian (in own right)’ as set out in subclause 4(2)of the Bill the following conditions must be met:

• the person must be alive at the beginning of 1 January 2001; and
• the person must have been interned by the Japanese military forces at some time between 7 December 1941 and 29 October 1945, inclusive, and
• the person must have been domiciled in Australia immediately before their internment.

Partner of deceased civilian

To be an eligible person as the ‘partner of a deceased civilian’ as set out in subclause 4(3)of the Bill the following conditions must be met:

• the person must have been alive at the beginning of 1 January 2001; and
• the civilian must have died before 1 January 2001; and
• the person must have been the partner of the civilian immediately before the civilian’s death;
• the civilian must have been interned by the Japanese military forces at some time between 7 December 1941 and 29 October 1945, inclusive,
• and the civilian must have been domiciled in Australia immediately before their internment by the Japanese military forces.

One payment only

Subclause 4(4) provides that if a person is eligible for a payment under the Veterans’ Entitlements (Compensation – Japanese Internment) Regulations 2001, made under section 106 of the VEA, then the person is not entitled to a compensation payment under this Bill. As per subclause 4(5), a person is only entitled to one payment under this Bill regardless of whether they meet the criterion for an eligible person under more than one subclause in this Bill. Thus a person will be entitled to receive one $25,000 payment only, under either this Bill or the Veterans’ Entitlements (Compensation – Japanese Internment) Bill 2001.

Clause 5 provides that the compensation payment is a payment of $25,000.

Subclause 6(1) provides that a claim for a compensation payment must be made in accordance with procedures determined by the Secretary under subsection (2) of the Bill.

Subclause 6(2) provides that the Secretary may make a written determination setting out the procedures for making a claim for a compensation payment under this Bill.

This will enable the Secretary to set in place procedures that will assist persons wishing to establish their eligibility for a payment to provide sufficient information to confirm eligibility and arrangements for payment.

Subclause 7(1) provides that claims are to be determined by the Commission.

Subclause 7(2) provides a review right for a person who is dissatisfied with a decision of the Commission in relation to the claim for a compensation payment under this Bill. Subclause 7(2) provides such a person with a right of merit review by the Administrative Appeals Tribunal.

Clause 8 provides that if an eligible person dies before receiving a compensation payment, then the payment will be made to the eligible person’s estate. A Note has been inserted after Clause 8 to make it clear that a payment cannot be made unless a claim has been received. So for a payment to be made to an eligible person’s estate, a claim must have been received in respect of that person’s payment. The claim may be made by another person on behalf of that person.

Subclause 9 provides that certain provisions of the VEA apply to this Bill as if this Bill were part of the VEA. The provisions that will apply are:

• Subsection 119(1) – Commission not bound by technicalities;
• Section 128 – Secretary may obtain information etc.;
• Section 208 – Offences;
• Section 213 – Delegation by Commission;
• Section 214 – Delegation by Secretary; and
• any other provisions that are incidental to the provisions mentioned above.

Subsection 119(1) of the VEA provides a context for the consideration, hearing and determination of a claim or application by the Commission. The same circumstances will apply to the Commission when determining an claim for a compensation payment. Briefly, this means that the Commission:

• is not bound by any rules of evidence, but may inform itself on any matter it thinks just;
• shall act according to substantial justice and the substantial merits of the case without regard to legal form and technicalities; and
• shall take into account any difficulties in ascertaining the existence of any fact, matter cause or circumstance including the passage of time and any deficiency in relevant official records.

Section 128 of the VEA authorises the Secretary to require a person capable of supplying information which might affect the grant or payment of a pension, benefit or allowance under the VEA, to produce that information or give evidence. Subclause 9 extends this power to a claim for a compensation payment under this Bill.

Section 208 of the VEA provides for offences and penalties in relation to the intentional making of a false claim or statement in connection with a claim or application for a pension, allowance or benefit under the VEA. Subclause 9 extends these offences and penalties to a claim for a compensation payment under this Bill.

Subsections 213 and 214, respectively, of the VEA provide that the Commission and the Secretary may delegate all or any of their powers under the VEA, other than the power of delegation, to certain persons as specified in subsection (4) of the respective provisions. Subclause 9 means that the Secretary or Commission will also be able to delegate their powers authorised by this Bill in relation to determining a claim for a compensation payment.

Clause 10 provides for the recovery of any overpayments. An overpayment may be recovered in a court of competent jurisdiction.

Clause 11 provides that compensation payments made under this Bill are exempt from income tax.

Subclause 12(1) provides that, for the purposes of the assets test under the VEA, the value of a person’s assets is to be reduced by the amount of a compensation payment received by the person under this Bill or the Veterans’ Entitlements (Compensation – Japanese Internment) Regulations 2001. The reduction is a permanent $25,000 reduction in the value of the persons assets.

Subclause 12(2) provides for the same reduction in the value of the person’s assets for the purposes of the social security law.

Clause 13 provides that funding of $133.975 m ($133,975,000) is to be appropriated from the Consolidated Revenue Fund for the making of the compensation payments provided for in this Bill.

Clause 2 provides that this Act commences on Royal Assent.