Federal Register of Legislation - Australian Government

Primary content

2016 No. R34 Determinations/Veterans' Entitlements as made
This instrument determines, for section 88A of the Act, the classes of persons eligible for non-liability health care for certain specified mental health conditions. It extends coverage to any person who has served any amount of continuous full-time service in the Australian Defence Force.
Administered by: Veterans' Affairs
Made 09 Aug 2016
Registered 16 Aug 2016
Tabled HR 30 Aug 2016
Tabled Senate 30 Aug 2016
To be repealed 01 Jul 2017
Repealed by Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017

 

 

 

 

 

 

 

Repatriation Commission

 

 

Veterans' Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016

 

Instrument 2016 No. R34

 

 

 

 

 

The Repatriation Commission, under subsection 88A(2) and paragraphs (a) and (d) of subsection 88A(1) of the Veterans’ Entitlements Act 1986 (the Act) makes 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

 

 

Part 1-Introduction

 

1 Name

 

This instrument is the Veterans' Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016.

 

 

2 Commencement

 

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

 

 

3 Revocation

 

The following instruments are revoked:

 

(a)    Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 (Instrument 2014 No. R18); and

 

(b)   Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination (Instrument 2015 No. R13).

 

 

4 Purpose

 

The purpose of this instrument is to enable persons within a class specified in Part 2 to receive treatment for alcohol use disorder, substance use disorder, post-traumatic stress disorder, anxiety disorder or depressive disorder (“a disorder”) under Part V of the Act as soon as practicable after a request is received and accepted and irrespective of whether the disorder is a war-caused or service-related injury or disease.

 

Note: The Repatriation Commission is to provide, arrange or accept financial responsibility for treatment for a specified mental health condition for a person in a class specified in Part 2 in accordance with paragraph 2.5A of the Treatment Principles.

 

 

5 Transitional

 

An application or request for treatment for a specified mental health condition under an instrument that is revoked by section 3 (“former instrument”) that has not been finalised on commencement of this instrument may be completed under this instrument as if it were a request that had been made under this instrument.

 

 

6 Definitions

 

In this instrument:

 

Act means the Veterans’ Entitlements Act 1986.

 

alcohol use disorder is the disorder described as an alcohol use disorder in paragraph 3(b) of Statement of Principles No. 1/2009 or in paragraph 3(b) of Statement of Principles No. 2/2009 in force from time to time; or as described as alcohol use disorder in any subsequent Statement of Principles in force from time to time.

anxiety disorder is the disorder described as an anxiety disorder in paragraph 3(b) of Statement of Principles No. 102/2014 or in paragraph 3(b) of Statement of Principles No. 103/2014 in force from time to time; or as described as an anxiety disorder in any subsequent Statement of Principles in force from time to time.

depressive disorder is the disorder described as a depressive disorder in paragraph 3(b) of  Statement of Principles No. 83/2015 or in paragraph 7(2) of Statement of Principles No. 84/2015 in force from time to time; or as described as a depressive disorder in any subsequent Statement of Principles in force from time to time.

post-traumatic stress disorder is the disorder described as post-traumatic stress disorder in paragraph 3(b) of Statement of Principles No. 82/2014 or in paragraph 3(b) of Statement of Principles No. 83/2014 in force from time to time; or as described as post-traumatic stress disorder in any subsequent Statement of Principles in force from time to time.

Repatriation Pharmaceutical Benefits Scheme means the scheme for the provision of pharmaceutical benefits prepared by the Repatriation Commission under section 91 of the Act.

 

Repatriation Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act which set out the circumstances in which treatment is to be provided to eligible persons as private patients.

 

Repatriation Commission means the body corporate continued in existence by section 179 of the Act.

 

substance use disorder is the disorder described as substance use disorder in paragraph 3(b) of Statement of Principles No. 3 of 2009 or in paragraph 3(b) of Statement of Principles No. 4/2009 in force from time to time; or as described as substance use disorder in any subsequent Statement of Principles in force from time to time.

 

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.

 

veteran has the same meaning as it has in sections 80 and 81 of the Act and includes a person with a SRCA disability.

 

Note (1): In sections 80 and 81 of the Act, “veteran” means a person:

 

(a)     who is, because of section 7 of the Act, taken to have rendered eligible war service; or

(b)     in respect of whom a pension is, or pensions are, payable under subsection 13(6) of the Act, other than a person who is a veteran under paragraph (a) by reason only that the person rendered service as a member of the Forces of a Commonwealth country of a kind described in paragraphs 6(1)(f) or (g) of the Act and was not domiciled in Australia or an external Territory immediately before the person’s appointment or enlistment in those forces.

 

Section 81 of the Act provides that “veteran” is also to be read as a reference to a “member of the Forces” or a “member of a Peacekeeping Force” as defined in subsection 68(1) of the Act.

 

Note (2): Other expressions used in this instrument are defined in the Act, including the following:

(a)     continuous full-time service (s.5C(1))

(b)     Defence Force (s.5C(1))

(c)     member of the Defence Force (s.5C(1); s.5C(2))

 

 

7 Meaning of specified mental health condition

 

In this instrument, a specified 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.

 

 

Part 2-Specified classes of person

 

8 Veterans

 

For paragraph 88A(1)(a) of the Act, the following class of person is specified:

 

A veteran who makes a request to be provided with treatment for a specified mental health condition to an office of the Department in Australia.

 

 

9 Past and current members of the Defence Force

 

For paragraph 88A(1)(d) of the Act, the following class of person is specified:

 

A person (other than a person who is covered by paragraphs (a), (b) or (c) of section 88A of the Act) who:

 

(a)    is, or has been, a member of the Defence Force rendering continuous full-time service; and

 

(b)   makes a request to be provided with treatment for a specified mental health condition to an office of the Department in Australia.

 

 

10 Making a request for treatment

 

(1)   A request for treatment under this Part may be made in writing, in person or by phone call.

 

(2)   A request that is made in writing may be lodged electronically in a manner, and to an electronic address, that is approved for the electronic transmission of applications under subsection 85(2) of the Act by the Veterans’ Entitlements (Electronic Lodgement Approval) Instrument 2016, as in force on 1 July 2016.

 

(3)   A request in writing that is lodged electronically in accordance with subsection (2) is taken to be received at an office of the Department in Australia on the day on which it is received at the approved electronic address.

 

Note: The Veterans’ Entitlements (Electronic Lodgement Approval) Instrument 2016 approves the electronic lodgement of applications under subsection 85(2) of the Act via fax, via internet, and via email to the approved email address:  nlhc@dva.gov.au.

 

 

11 Backdating of treatment

 

(1)   A person who is within a class specified in Part 2 of this instrument is eligible to be provided with treatment of the kind specified in Part 3 from and including the date that is 3 months before the day on which the request to be provided with treatment is received at an office of the Department in Australia provided that date is no earlier than 1 July 2016.

 

(2)   However, nothing in subsection (1) affects an entitlement of a person who is within a class specified in Part 2 of an instrument that is revoked by section 3 (“former instrument”) to backdating of treatment for the full 3 months (even if that backdating is to a date that is earlier than 1 July 2016).

 

Note (1): The former instrument known as the Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 specified as a class, in general terms, certain eligible members and former members of the Defence Force with at least 3 years effective full-time service in the Defence Force on or after 7 April 1994 or before and on or after 7 April 1994.

 

Note (2): The former instrument known as the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination specified as a class, in general terms, a person who is a veteran and who has an anxiety disorder, a depressive disorder or both.

 

 

Part 3 - Specified treatment

 

12 Treatment

 

For each class of persons specified in Part 2 of this instrument, the following kind of treatment is specified:

 

Treatment that can be applied to an alcohol use disorder, substance use disorder, anxiety disorder, depressive disorder or post-traumatic stress disorder as the case may be, under, and subject to:

 

(a)    the Treatment Principles; or

(b)   the Repatriation Pharmaceutical Benefits Scheme; or

(c)    the Repatriation Private Patient Principles; or

(d)   an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.