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2016 No. R36 Principles as made
This instrument amends the Treatment Principles to facilitate the expansion of access to Non-Liability Health Care (NLHC) for mental health treatment for veterans and all current and former members of the ADF with continuous full-time service.
Administered by: Veterans' Affairs
Made 11 Aug 2016
Registered 16 Aug 2016
Tabled HR 30 Aug 2016
Tabled Senate 30 Aug 2016
Date of repeal 17 Aug 2016
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

Australian Government

 

Veterans’ Entitlements (Treatment Principles – Extension of Non-Liability Health Care for Mental Health Treatment) Amendment Instrument 2016

Instrument 2016 No. R36 

 

 

 

I, Dan Tehan, Minister for Veterans’ Affairs under subsection 90(5) of the Veterans’ Entitlements Act 1986 approve the variations by the Repatriation Commission of the Treatment Principles in the following instrument.

Dated this         11th               day of             August                 2016

Dan Tehan

DAN TEHAN

 

 

The Repatriation Commission under subsection 90(4) of the Veterans’ Entitlements Act 1986 makes the variations to the Treatment Principles in the following instrument.

 

Dated this      9th     day of           August                  2016

 

The Seal of the                                                               )  SEAL

Repatriation Commission                                              ) 

was affixed hereto in the                                                )

presence of:                                                                    ) 

 

  Simon Lewis                       C Orme                                             M A Kelly                                                                                          

…………………………………………………………………………………………………………………………..

 SIMON LEWIS                            CRAIG ORME                                  Major General Mark Kelly

                                                          DSC AM CSC                                                            AO DSC

    PRESIDENT                         DEPUTY PRESIDENT                                         COMMISSIONER

 

 

Name

 

1   This instrument is the Veterans’ Entitlements (Treatment Principles – Extension of Non-Liability Health Care for Mental Health Treatment) Amendment Instrument 2016.

 

 

Commencement

 

2       This instrument commences, or is taken to have commenced, on 1 July 2016.

 

 

 

Authority

 

3       This instrument is made under subsection 90(4) of the Veterans’ Entitlements Act 1986.

 

 

Schedule

4   The Treatment Principles (Instrument 2013 No. R52) are varied in accordance with the items in the Schedule.

 

 

 

 

 


 

         

Schedule

 

Variations to the Treatment Principles (Instrument 2013 No. R52)

 

1                   Paragraph 2.4

 

omit the heading, substitute:

 

2.4 Treatment of malignant neoplasia and pulmonary tuberculosis for veterans

 

 

2       Paragraph 2.4.1

 

omit the words:

 

malignant neoplasia, pulmonary tuberculosis, post-traumatic stress disorder, alcohol use disorder or substance use disorder

 

substitute:

 

malignant neoplasia or pulmonary tuberculosis

 

 

 

3       Paragraph 2.4.2A

 

omit the paragraph

 

 

4       Paragraph 2.4.2B

 

omit the paragraph

 

 

5       Subparagraph 2.4.3(b)

 

omit the words:

 

malignant neoplasm, pulmonary tuberculosis, post-traumatic stress disorder, alcohol use disorder or substance use disorder.

 

substitute:

 

malignant neoplasm or pulmonary tuberculosis.

 

 

6       Paragraph 2.4.5

 

omit the paragraph

 

 

7       Paragraph 2.5

 

omit the heading, substitute:

 

2.5 Determination that specified person is eligible for specified kind of treatment

 

 

8       Paragraph 2.5.1

 

omit the Note, substitute:

 

Note:  The Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No. R34) establishes eligibility for veterans, and past and current members of the Defence Force with continuous full-time service, for treatment for alcohol use disorder, anxiety disorder, depressive disorder, post-traumatic stress disorder and substance use disorder on a non-liability health care basis.

 

 

9       Paragraph 2.5A

 

substitute:

 

2.5A Treatment of mental health conditions for veterans and ADF members

 

 

2.5A.1    The Commission will provide, arrange, or accept financial responsibility for a person who is a veteran or eligible ADF member for the treatment of the person’s mental health condition even if that condition is not a war-caused or service-related injury or disease.

 

Note:  The Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No. R34) provides for backdating of claims for up to 3 months before the date a request is received – see section 11 of the determination.

 

2.5A.2   Continuing financial responsibility for treatment for a person under paragraph 2.5A.1 may be reviewed by the Commission at any time after 6 months from the date from which financial responsibility for the person’s treatment is accepted and may be withdrawn by the Commission if —

 

(a)         the person, following a request by the Commission, has failed to provide the Commission with a diagnosis from a psychiatrist, a clinical psychologist or general practitioner for the relevant mental health condition; or

 

(b)         the Commission is otherwise satisfied that the person does not have, or no longer has, the relevant mental health condition.

 

Example 1:  If a request for treatment is received on 1 January 2017 and financial responsibility for treatment is accepted and backdated to 1 December 2016, then the Commission may review at any time after 1 June 2017.

 

Example 2:  If a request for treatment is received on 1 January 2017 and financial responsibility is accepted from that date, with no backdating, then the Commission may review at any time after 1 July 2017.

 

2.5A.3     The Commission will provide, arrange, or accept financial responsibility for a veteran or eligible ADF member for the reasonable treatment of an injury or disease that is not war-caused or service-related to the extent that it is a necessary part of, and is directly associated with, the treatment of the person’s mental health condition in respect of which financial responsibility was provided, arranged or accepted under paragraph 2.5A.1.

 

 

2.5A.4   In paragraph 2.5A:

 

“veteran or eligible ADF member” means a person who is within a class of persons specified in Part 2 of the Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No. R34), as in force from time to time; and

 

mental health condition” means one or more of the following conditions:

 

(a) alcohol use disorder;

(b) anxiety disorder;

(c)  depressive disorder;

(d) post-traumatic stress disorder; or

(e)  substance use disorder,

 

as the case requires, and as defined in these Principles.

 

Note:  Other matters dealing with the provision of non-liability health care treatment for veterans and eligible ADF members (such as making requests for treatment and backdating of requests for treatment) are dealt with in the Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No. R34).