Federal Register of Legislation - Australian Government

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Instrument 2018 No. R74 Other as made
This instrument amends the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015 to ensure that all former and current Australian Defence Force personnel who are eligible for Non-Liability Health Care treatment for mental health conditions are eligible for residential care, residential care (respite), Respite Care and non-subsidised residential care (respite). The provision of such care is generally subject to a needs assessment.
Administered by: Veterans' Affairs
Registered 05 Dec 2018
Tabling HistoryDate
Tabled HR06-Dec-2018
Tabled Senate12-Feb-2019
Date of repeal 02 Aug 2019
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003

 

 

 

 

 

 

 

Repatriation Commission

 

Veterans’ Affairs (Extended Eligibility for Treatment) Amendment Instrument 2018

 

Instrument 2018 No. R74

 

 

 

The Repatriation Commission, under subsection 88A(2) of the Veterans’ Entitlements Act 1986 (the Act), makes the following instrument.

 

 

Dated this        3rd          day of        December      2018

 

 

The Seal of the                                                               )   

Repatriation Commission                                              ) 

was affixed hereto in the                                                ) SEAL

presence of:                                                                    ) 

                                                                                        

 

 

Elizabeth Cosson

C Orme

M A Kelly

……………………………………………………………………………………………..

LIZ COSSON

CRAIG ORME

MAJOR GENERAL MARK KELLY

AM CSC

DSC AM CSC

AO DSC

CHAIR

DEPTY PRESIDENT

COMMISSIONER

 

 

 

 

 

 

 

 

1 Name

This instrument is the Veterans’ Affairs (Extended Eligibility for Treatment) Amendment Instrument 2018.

2 Commencement

This instrument commences on the day after it is registered on the Federal Register of Legislation.

3 Authority

This instrument is made under subsection 88A(2) of the Veterans’ Entitlements Act 1986.

4 Variation of Instrument

The Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015 (F2015L01145) is varied as set out in the items in the Schedule to this instrument.

 


Schedule

Variations to the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015

[1] Section 5 (Definitions)

Insert the following definitions:

mental health condition – see section 5A.

MRCA means the Military Rehabilitation and Compensation Act 2004.

[2] New Section

After section 5, insert:

5A Meaning of mental health condition

             (1)  In this instrument:

mental health condition means a mental disorder that could be assessed and diagnosed by a mental health professional in accordance with recognised criteria for such assessment and diagnosis.

             (2)  In this section:

mental health professional means a person who is:

(a)  a medical practitioner (whether a general practitioner or a psychiatrist) who is registered with the Australian Health Practitioner Regulation Agency to practise as a medical practitioner; or

(b)  a psychologist who is registered with the Australian Health Practitioner Regulation Agency to practise as a psychologist and who holds a post-graduate qualification in clinical psychology.

Note:    Medical reference resources used by Australian mental health professionals in the assessment and diagnosis of mental disorders include DSM-5 (fifth edition of the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders) and Chapter V of ICD-10-AM (the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification).

[3] Part A of Section 6 (Extended Eligibility for Residential Care (including Residential Care (Respite)), Respite Care and non-subsidised residential care (respite))

Repeal the Part, substitute:

Part A – Class of Person

A person eligible for treatment under the VEA or MRCA in respect of:

(a)       a war-caused injury or a war-caused disease; or

(b)      a defence-caused injury or a defence-caused disease; or

(c)       a service injury or disease; or

(d)      malignant neoplasia; or

(e)       pulmonary tuberculosis; or

(f)       a mental health condition.

[4] Note (2) in Part B of Section 6 (Extended Eligibility for Residential Care (including Residential Care (Respite)), Respite Care and non-subsidised residential care (respite))

Omit the Note.