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Determinations/Veterans' Entitlements as amended, taking into account amendments up to Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination No.2 2019
Administered by: Veterans' Affairs
Registered 12 Aug 2019
Start Date 01 Jul 2019

Commonwealth Coat of Arms of Australia

 

Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017

made under paragraphs 88A(1)(a) and (d) of the Veterans’ Entitlements Act 1986

Compilation No. 2

Compilation date:                              1 July 2019

Includes amendments up to:            F2019L00987

Registered:                                         12 August 2019

 

About this compilation

This compilation

This is a compilation of the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 that shows the text of the law as amended and in force on 1 July 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Part 1-Introduction

 

1 Name

 

This instrument is the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017.

 

 

3 Authority

 

This instrument is made under paragraphs 88A(1)(a) and (d) of the Veterans’ Entitlements Act 1986.

 

 

4 Purpose

 

The purpose of this instrument is to enable a person within a class specified in Part 2 to receive treatment (provisional treatment) for a specified condition during the period from the time the person has made a claim for liability under the MRCA, or a defence-related claim under the SRCA (or if the DRCA is in force, a defence-related claim under the DRCA) and before liability for that claim has been determined.

 

Provisional treatment is available in respect of claims made on or after 1 July 2017 and before 1 April 2020.

 

Entitlement to provisional treatment for a specified condition under this instrument will however cease in the circumstances set out in subsections 9(2),(3),(4) and (5).

 

 

5 Definitions

 

In this instrument:

 

Act means the Veterans’ Entitlements Act 1986.

 

cadet has the same meaning as it has in section 5 of the MRCA.

 

Commission means the body corporate known as the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA.

 

declared member has the same meaning as it has in section 5 of the MRCA.

 

DRCA means the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 created upon enactment of the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016.

 

former member has the same meaning as it has in section 5 of the MRCA.

 

member has the same meaning as it has in section 5 of the MRCA.

 

member of the Defence Force has the same meaning as it has in the MRCA.

 

MRCA means the Military Rehabilitation and Compensation Act 2004.

 

part-time Reservist has the same meaning as it has in section 5 of the MRCA.

 

Pharmaceutical Benefits Scheme means the scheme for the provision of pharmaceutical benefits prepared by the Repatriation Commission under section 91 of the Act (the Repatriation Pharmaceutical Benefits Scheme) or the determination made by the Commission under paragraph 286(1)(c) of the MRCA (the MRCA  Pharmaceutical Benefits Scheme), as  applicable.

 

Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act (the Repatriation Private Patient Principles) or the determination made by the Commission under paragraph 286(1)(b) of the MRCA (the MRCA Private Patient Principles), as applicable.

 

specified condition – see section 6.

 

SRCA means the Safety, Rehabilitation and Compensation Act 1988.

 

Statement of Principles means a determination made by the Repatriation Medical Authority, for the purposes of the Act and the MRCA, under subsection 196B(3) of the Act.

 

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act (the Treatment Principles), or the determination made by the Commission under paragraph 286(1)(a) of the MRCA (the MRCA Treatment Principles), as applicable.

 

 

6 Meaning of specified condition

 

In this instrument, a specified condition means a condition listed in column 1 of the table in this section.

 

Each specified condition in column 1 has the meaning given in the provision of the Statement of Principles, as in force from time to time, listed in column 2 for the corresponding condition, or the meaning given in any subsequent Statement of Principles, as in force from time to time, for that condition.

 

 

 

Column 1

 

Column 2

1.

Achilles Tendinopathy and Bursitis

subsection 7(2) of the Statement of Principles concerning Achilles Tendinopathy and Bursitis (Balance of Probabilities) (No. 97 of 2015)

2.

Chondromalacia Patella

 

paragraph 3(b) of the Statement of Principles concerning Chondromalacia Patella (Balance of Probabilities) (No. 80 of 2010)

3.

Cut, Stab, Abrasion and Laceration

 

subsection 7(2) of the Statement of Principles concerning Cut, Stab, Abrasion and Laceration (Balance of Probabilities) (No. 54 of 2016)

4.

Dislocation

 

paragraph 3(b) of the Statement of Principles concerning Dislocation (Balance of Probabilities) (No. 25 of 2010)

5.

Fracture

 

subsection 7(2) of the Statement of Principles concerning Fracture (Balance of Probabilities) (No. 95 of 2015)

6.

Internal Derangement of the Knee

 

paragraph 3(b) of the Statement of Principles concerning Internal Derangement of the Knee (Balance of Probabilities) (No. 52 of 2010)

7.

Intervertebral Disc Prolapse

 

subsection 7(2) of the Statement of Principles concerning Intervertebral Disc Prolapse (Balance of Probabilities)

(No. 44 of 2016)

8.

Joint Instability

 

paragraph 3(b) of the Statement of Principles concerning Joint Instability (Balance of Probabilities) (No. 33 of 2010)

9.

Labral Tear

 

paragraph 3(b) of the Statement of Principles concerning Labral Tear (Balance of Probabilities) (No. 95 of 2010)

10.

Lumbar Spondylosis

 

paragraph 3(b) of the Statement of Principles concerning Lumbar Spondylosis (Balance of Probabilities) (No. 63 of 2014)

11.

Non-melanotic Malignant Neoplasm of the Skin

 

subsection 7(2) of the Statement of Principles concerning Non-melanotic Malignant Neoplasm of the Skin (Balance of Probabilities) (No. 8 of 2016)

12.

Osteoarthritis

 

paragraph 3(b) of the Statement of Principles concerning Osteoarthritis (Balance of Probabilities) (No. 14 of 2010)

13.

Plantar Fasciitis

 

paragraph 3(b) of the Statement of Principles concerning Plantar Fasciitis (Balance of Probabilities) (No. 52 of 2015)

14.

Rotator Cuff Syndrome

 

paragraph 3(b) of the Statement of Principles concerning Rotator Cuff Syndrome (Balance of Probabilities)

(No. 101 of 2014)

15.

Sensorineural Hearing Loss

 

paragraph 3(b) of the Statement of Principles concerning Sensorineural Hearing Loss (Balance of Probabilities) (No. 6 of 2011)

16.

Shin Splints

 

paragraph 3(b) of the Statement of Principles concerning Shin Splints (Balance of Probabilities) (No. 10 of 2015)

17.

Solar Keratosis

 

paragraph 3(b) of the Statement of Principles concerning Solar Keratosis (Balance of Probabilities) (No. 74 of 2012)

18.

Sprain and Strain

 

paragraph 3(b) of the Statement of Principles concerning Sprain and Strain (Balance of Probabilities) (No. 95 of 2011)

19.

Thoracic Spondylosis

 

paragraph 3(b) of the Statement of Principles concerning Thoracic Spondylosis (Balance of Probabilities) (No. 65 of 2014)

20.

Tinnitus

 

paragraph 3(b) of the Statement of Principles concerning Tinnitus (Balance of Probabilities) (No. 34 of 2012)

 

 

Part 2 - Specified classes of person

 

7 Former members, part-time reservists etc.

 

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

 

(1)   A person who:

 

(a)    on or after 1 July 2017 and before 1 April 2020, makes:

 

(i)         a defence-related claim within the meaning of section 141 of the SRCA, or, if the DRCA is in force, a defence-related claim within the meaning of section 141 of the DRCA; or

 

(ii)               a claim under paragraph 319(1)(a) of the MRCA; and

 

(b)   that claim relates to one or more specified conditions; and

 

(c)    prior to making the claim, the person had rendered defence service within the meaning of paragraph 6(1)(d) of the MRCA; and

 

(d)   at the time of making the claim, the person is either:

 

(i)  a former member, part-time Reservist, cadet or declared member; or

 

(ii)           a member of the Defence Force who, after the claim is made and before 1 April 2020, becomes a former member.

 

(2)   A person specified in subparagraph (1)(d)(ii) is included in the class only from the time that person becomes a former member.

 

 

8 Current full-time ADF members

 

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

 

A person who:

 

(a)    on or after 1 July 2017 and before 1 April 2020 makes a claim under paragraph 319(1)(a) of the MRCA; and

 

(b)   that claim relates to one or more specified conditions; and

 

(c)    at the time of making the claim, the person is a member who is entitled to medical and dental treatment under section 49 of the Defence Regulation 2016; and

 

(d)   in respect of whom, the Commission has made a determination under paragraph 279(d) of the MRCA that it is more appropriate to provide treatment for the person’s injury or disease under Part 3 of Chapter 6 of the MRCA than to provide treatment under section 49 of the Defence Regulation 2016.

 

 

Part 3 - Specified treatment

 

9 Treatment

 

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

 

(1)   Treatment that:

 

(a)     can be applied to a specified condition, under, and subject to:

 

                                            i.            the Treatment Principles; or

                                          ii.            the Pharmaceutical Benefits Scheme; or

                                        iii.            the Private Patient Principles; or

                                        iv.            an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act; and

 

(b)   is appropriate having regard to the nature of the claim and the specified conditions involved in that claim; and

 

(c)    is provided within the trial period from 1 July 2017 to 30 June 2020.

 

(2)   Entitlement of a person to treatment for a specified condition under this instrument ceases on the making of a determination at primary level to accept liability in respect of the specified condition.

 

(3)   Subject to subsection (4), entitlement of a person to treatment for a specified condition under this instrument ceases on the making of a determination at primary level to refuse liability in respect of the specified condition.

 

(4)   Subsection (3) does not apply if an application for review or appeal is made in relation to the determination at primary level to refuse liability in respect of the specified condition.

 

(5)   However, entitlement to treatment for a specified condition under this instrument ceases on the making of a decision on review or appeal referred to in subsection (4) if the decision, or the effect of the decision, is to accept or refuse liability in respect of the specified condition.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017

27 June 2017

1 July 2017

 

Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2019

15 April 2019

1 April 2019

 

Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination No.2 2019

15 July 2019 (F2019L00987)

Sch (items 1–5): 1 July 2019 (s 2(1))
Sch (item 6): 1 July 2017 (s 2(2))

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.............................................

rep LA s 48D

s 4.............................................

am F2019L00613; F2019L00987

Part 2

 

s 7.............................................

am F2019L00613; F2019L00987

s 8.............................................

am F2019L00613; F2019L00987

Part 3

 

s 9.............................................

am F2019L00987

 

ed C2

 

Endnote 5—Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

 

Paragraph 9(1)(c)

 

Kind of editorial change

 

Correct a typographical error

 

Details of editorial change

 

Item 5 of the Schedule to the Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination No.2 2019 instructs to omit and substitute paragraph 9(1)(c). The substituted paragraph 9(1)(c) refers to “trail”.

 

This compilation was editorially changed to omit the word “trail” and substitute the word “trial” in paragraph 9(1)(c) to correct the typographical error.