James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Hansard source

The purpose of the Henry VIII clause is to ensure that there is a safety net for veterans in case a person does suffer detriment due to the DRCA's enactment. Without a Henry VIII clause, it would take a much longer time to remedy any detriments suffered by the veteran, as it would require an amendment to the principal act. Every effort has been made by the government to ensure that ADF members are not disadvantaged by the DRCA's commencement. However, in the unlikely case where it comes to light that a person is unintentionally disadvantaged by the DRCA's enactment, a Henry VIII clause would enable the minister to override the DRCA where a case of disadvantage came to his or her attention. This would allow the Minister for Veterans' Affairs to quickly address any disadvantage suffered by the veteran. Regulations can be quickly enacted to fix the disadvantage, and regulations are flexible because they allow the minister to address both individual and group needs.