Veterans’ Entitlements (Provision of Treatment) Amendment Act 1992

No. 51 of 1992

An Act to amend the Veterans’ Entitlements Act 1986 in relation to the provision of treatment

[Assented to 17 June 1992]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Veterans’ Entitlements (Provision of Treatment) Amendment Act 1992.

(2) In this Act, “Principal Act” means the Veterans’ Entitlements Act 1986¹.

Commencement

2. (1) Sections 1, 2, 6 and 7 commence on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

(3) If the remaining provisions of this Act do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, those provisions are repealed on the first day after the end of that period.

Index of definitions

3.  Section 5 of the Principal Act is amended by inserting after the item referring to “rent” the following item:

“Repatriation Private Patient Principles                                                                                                                            5q (1)”.

General definitions

4.  Section 5q of the Principal Act is amended by inserting in subsection (1) the following definition:

“ ‘Repatriation Private Patient Principles’ means the principles, as in force from time to time, determined by the Commission under section 90a;”.

Provision of treatment

5.  Section 84 of the Principal Act is amended:

(a)  by inserting before subsection (1) the following subsections:

“(1a) If treatment could be provided for a person consistently with this Part, the Commission must take reasonable steps to ensure that the treatment is provided for the person consistently with this Part.

“(1b) In subsection (1a), a reference to this Part includes a reference to the instruments made, and arrangements entered into, by the Commission under this Part.”;

(b)  by inserting after subsection (2) the following subsection:

“(2a) Subsection (2) does not apply to the provision of treatment for a person in a State or Territory if:

(a) because of subsection 90B(2), the Repatriation Private Patient Principles are binding on the Commission in the exercise of its powers and discretions under this Part in relation to the provision of treatment in the State or Territory; and

(b) the Repatriation Private Patient Principles provide that the provision of the treatment does not have to be approved by the Commission.”;

(c)  by omitting from subsection (5) “Nothing” and substituting “Subject to subsection (1a), nothing”.

6.  After section 90 of the Principal Act the following section is inserted:

Determination etc. of Repatriation Private Patient Principles

“90a. (1) The Commission may, in writing, determine principles setting out the circumstances in which treatment provided by the Commission to eligible persons is to be provided to them as private patients.

“(2) The principles may also include provisions dealing with the following matters in relation to treatment to be provided to an eligible person as a private patient:

(a)     whether approval by the Commission of the treatment is required;

(b)    if approval by the Commission of the treatment is required— the exercise of the Commission’s power to approve the treatment, whether before or after the treatment has been given or begun;

(c)     where the treatment may be provided.

“(3) The Commission may, in writing, amend the principles at any time.

“(4) A determination or amendment of principles has no effect unless the Minister has, in writing, approved the instrument making the determination or amendment.

“(5) An instrument determining or amending principles that has been approved by the Minister is a disallowable instrument for the purposes of section 46a of the Acts Interpretation Act 1901.

“(6) For the purposes of sections 48, 48a, 48b and 49 of the Acts Interpretation Act 1901 as they apply to an instrument determining or amending principles:

(a)     the instrument is taken to be made on the day on which the Minister approved the instrument; and

(b)    the references in section 48 of that Act to the date of notification of the instrument are to be read as references to the date on which the Minister approved the instrument.

“(7) The Commission must make copies of the principles, and any amendments of the principles, available upon application and payment of the prescribed fee (if any).

“(8) For the purposes of this section, treatment is taken to be provided to a person as a private patient if:

(a)     the treatment is provided to the person as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or

(b)    the treatment is provided to the person by a medical specialist to whom the person has been referred but is not provided at a hospital.

“(9) In this section:

‘eligible person’ means a person eligible under section 85 or 86 to be provided with treatment.”.

Repeal of section 90a if subsection 2 (3) of this Act operates

7.    If the provisions of this Act to which subsection 2 (3) of this Act applies are repealed by that subsection, section 90a of the Principal Act is repealed on the day on which those provisions are so repealed.

8.    After section 90a of the Principal Act, the following section is inserted:

Application of Repatriation Private Patient Principles

“90B. (1) The Commission may, by notice published in the Gazette, declare that the Repatriation Private Patient Principles are to apply in relation to a specified State or Territory from a specified day.

“(2) If the Commission publishes a notice under subsection (1) declaring that the Repatriation Private Patient Principles are to apply in relation to a specified State or Territory from a specified day, then, on and after the specified day, for so long as the notice remains in force, the Repatriation Private Patient Principles are binding on the Commission in the exercise of its powers and discretions under this Part in relation to the provision of treatment in the State or Territory.”.

NOTE

1. No. 27, 1986, as amended. For previous amendments, see Nos. 106 and 130, 1986; Nos. 78, 88 and 130, 1987; Nos. 13, 35, 75, 99, 134 and 135, 1988; Nos. 59, 83, 84, 93, 163 and 164, 1989; Nos. 56, 84 and 119, 1990; and Nos. 2, 72, 73, 74, 175 and 208, 1991.

[Minister’s second reading speech made in—

House of Representatives on 6 November 1991

Senate on 13 November 1991]