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Instrument No.R13/MRCC13 of 2019 Principles as made
This instrument varies the Treatment Principles (Instrument 2013 No. R52) and the MRCA Treatment Principles (Instrument 2013 No. MRCC53) to expand eligibility for the supply of electric wheelchairs and other electric mobility aids, and provide for the supply of psychiatric assistance dogs to eligible veterans.
Administered by: Veterans' Affairs
Registered 16 May 2019

 

Australian Government

Veterans’ Entitlements Act 1986

Military Rehabilitation and Compensation Act 2004

 

 

Veterans’ Affairs (Treatment Principles – Electric Mobility Aids and Other Measures) Amendment Instrument 2019

Instrument No. R13/MRCC13 of 2019

 

 

 

 

 

 

I, Mark Cormack, Deputy Secretary, Policy & Programs, delegate of the Minister for Veterans’ Affairs, approve:

 

(a)     under section 90 of the Veterans’ Entitlements Act 1986 (VEA) —  the variations by the Repatriation Commission of the Treatment Principles in the following instrument; and

 

(b) under section 286 of the Military Rehabilitation and Compensation Act 2004 (MRCA) — the variations by the Military Rehabilitation and Compensation Commission of the MRCA Treatment Principles in the following instrument.

 

Dated this        11th               day of         April                 2019

 

 

Mark Cormack

MARK CORMACK

 

 


 

The Repatriation Commission makes, under section 90 of the Veterans’ Entitlements Act 1986, the variations to the Treatment Principles in the following instrument.

 

Dated this        11th               day of         April                 2019

 

 

The Seal of the                                                               )

Repatriation Commission                                              )   SEAL

was affixed hereto in the                                                )

presence of:                                                                    )

 

 

 

……Elizabeth Cosson……

 

…………C Orme……………

ELIZABETH COSSON

 

CRAIG ORME

AM CSC

 

DSC AM CSC

PRESIDENT

 

DEPUTY PRESIDENT

 

 

 

 

 

 

 

 

 

…………M A Kelly………………

 

………D Spinks…………

MAJOR GENERAL MARK KELLY

 

DONALD SPINKS

AO DSC

 

AM

COMMISSIONER

 

 

COMMISSIONER

 

 

 

The Military Rehabilitation and Compensation Commission makes, under section 286 of the Military Rehabilitation and Compensation Act 2004, the variations to the MRCA Treatment Principles in the following instrument.

 

Dated this        11th               day of         April                 2019

 

 

The Seal of the                                                                    )

Military Rehabilitation and Compensation Commission    ) SEAL

was affixed hereto in the                                                     )

presence of:                                                                         )

 

 

 

…………Elizabeth Cosson ………………………..C Orme ……………………………….M A Kelly………….

 

ELIZABETH COSSON

 

CRAIG ORME

 

Major General Mark Kelly

AM CSC

DSC AM CSC

AO DSC

CHAIR

MEMBER

MEMBER

 

 

 

………………T Smart………………………………………………………………………………….Lynette Maclean………

 

AIR VICE-MARSHAL

TRACY SMART

 

 

LYNETTE MACLEAN -

 

LYNETTE MACLEAN

AM

 

 

 

MEMBER

 

 

ACTING MEMBER

 

MEMBER

MEMBER

 


 

1       Name

 

     This instrument is the Veterans’ Affairs (Treatment Principles – Electric Mobility Aids and Other Measures) Amendment Instrument 2019.

 

 

2       Commencement

 

       This instrument commences on 25 April 2019.

 

 

 

3       Authority

 

This instrument is made under:

 

(a)    section 90 of the Veterans’ Entitlements Act 1986 in respect of the variations to the Treatment Principles in Schedule 1; and

 

(b)   section 286 of the Military Rehabilitation and Compensation Act 2004 in respect of the variations to the MRCA Treatment Principles in Schedule 2.

 

 

 

4       Schedules

     Each instrument that is specified in a Schedule to this instrument is varied as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.


Schedule 1-Variations to the Treatment Principles (Instrument 2013 No. R52)

 

[1]    Paragraph 1.4 (Interpretation) Definition of “determined residential condition”

 

 

Omit:

 

the Determination No.20/2000

 

Substitute:

 

section 6 of the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015

 

[2]    Paragraph 1.4 (Interpretation) Note to the definition of “determined residential condition”

 

 

Omit:

 

Determination No.20/2000

 

Substitute:

 

Section 6 of the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015

 

[3]     Paragraph 1.4 (Interpretation) Definition of “Gold Card”

 

After “identification card”, insert:

 

“(also known as the Veteran Card)”

 

[4]     Paragraph 1.4 (Interpretation) Definition of “White Card”

 

After “identification card”, insert:

 

“(also known as the Veteran Card)”

 

 

[5]    Subparagraph 11.3.1(a)

 

Omit the subparagraph.

 

 

 

[6]    Subparagraph 11.3.1(b)

 

Omit the subparagraph, substitute:

 

(b)     the supply of a guide dog, mobility dog or hearing dog;

 

 

 

[7]    Paragraph 11.3.3

 

After the paragraph, insert:

 

 

Electric Mobility Aids

 

11.3.4.1   Subject to this Part, the Commission may provide or accept financial responsibility for the supply of an electric wheelchair, electric scooter or a power-assist device to:

 

(a)     an entitled veteran who has a medically assessed need for the item due to a war-caused injury or disease or a determined condition other than a determined residential care condition; or

 

(b)     an entitled veteran who has a medically assessed need for the item and is eligible to be provided with treatment under the Act, subject to these Principles, for all injuries or diseases; or

 

(c)     an entitled veteran who has a medically assessed need for the item due to malignant neoplasm, and in respect of whom the Commission has accepted financial responsibility under paragraph 2.4 for treatment of that condition.

 

11.3.4.2  For paragraph 11.3.4.1:

 

power-assist device means an electrically-powered device that can be mounted on to a manual wheelchair to provide additional mobility assistance and support independent operation.

 

 

 

Assistance Dogs

 

11.3.5.1  Subject to this Part, the Commission may accept financial responsibility for the supply of a psychiatric assistance dog to a person if the Commission is satisfied:

 

(a)     the person is an entitled veteran; and

 

(b)     the person has an accepted condition of post-traumatic stress disorder or a diagnosis of post-traumatic stress disorder from a psychiatrist; and

 

(c)     the person is undergoing treatment by a psychiatrist or a psychologist for post-traumatic stress disorder and has been undergoing such treatment for at least 3 months; and

 

(d)     the person has been assessed as suitable for the supply of a psychiatric assistance dog by a mental health professional having regard to the factors in the RAP Guidelines for this assessment; and

 

(e)     the person is suitable for the supply of a psychiatric assistance dog having regard to the factors in the RAP Guidelines relating to living arrangements, current life circumstances, support networks, and ability to properly care for the dog.

 

 

11.3.5.2   In making a decision about the supply of a guide dog, mobility dog or hearing dog for a veteran under paragraph 11.3.1, the Commission is to have regard to the factors in the RAP Guidelines relating to the supply of a guide dog, mobility dog or hearing dog, as the case requires.

 

 

11.3.5.3   If the Commission has accepted financial responsibility for the supply of an assistance dog the Commission will also be responsible for the reasonable costs associated with keeping the dog while the dog remains in the care of the veteran.

 

 

11.3.5.4  For paragraphs 11.3.5.1 to 11.3.5.4:

 

AHPRA means the Australian Health Practitioner Regulation Agency;

 

assistance dog means a guide dog, a mobility dog, a hearing dog or a psychiatric assistance dog;

 

mental health professional means:

 

(a)     a psychiatrist; or

 

(b)     a psychologist; or

 

(c)     a mental health occupational therapist; or

 

(d)     a mental health social worker;

 

mental health occupational therapist means a person who is registered with AHPRA to practise as an occupational therapist and eligible to provide focussed psychological strategies under Medicare;

 

mental health social worker means a social worker who is  a member of the Australian Association of Social Workers and certified by that association as eligible to provide focussed psychological strategies under Medicare;

 

psychiatrist means a medical practitioner who is registered with AHPRA and holds specialist registration as a psychiatrist;

 

psychologist means a person who is registered with AHPRA to practise as a psychologist;

 

RAP Guidelines means the Rehabilitation Appliances Program (RAP) National Guidelines defined in paragraph 1.4.1 of these Principles.

 

 

 

[8]    Paragraph 11.3.5

 

Omit the paragraph.

 

 


Schedule 2-Variations to the MRCA Treatment Principles (Instrument 2013 No. MRCC53)

 

 

[1]     Paragraph 1.4 (Interpretation) Definition of “Gold Card”

 

After “identification card”, insert:

 

“(also known as the Veteran Card)”

 

 

[2]     Paragraph 1.4 (Interpretation) Definition of “White Card”

 

After “identification card”, insert:

 

“(also known as the Veteran Card)”

 

 

 

[3]    Subparagraph 11.3.1(a)

 

Omit the subparagraph.

 

 

 

 

[4]    Subparagraph 11.3.1(b)

 

Omit the subparagraph, substitute:

 

(b)     the supply of a guide dog, mobility dog or hearing dog;

 

 

 

 

[5]    Paragraph 11.3.3

 

After the paragraph, insert:

 

 

Electric Mobility Aids

 

11.3.4.1   Subject to this Part, the Commission may provide or accept financial responsibility for the supply of an electric wheelchair, an electric scooter or a power-assist device to:

 

(a)     an entitled member who has a medically assessed need for the item due to a service injury or a service disease; or

 

(b)     an entitled member who has a medically assessed need for the item and is eligible to be provided with treatment under the Act, subject to these Principles, for all injuries or diseases.

 

 

11.3.4.2  For paragraph 11.3.4.1:

 

power-assist device means an electrically-powered device that can be mounted on to a manual wheelchair to provide additional mobility assistance and support independent operation.

 

 

 

Assistance Dogs

 

11.3.5.1  Subject to this Part, the Commission may accept financial responsibility for the supply of a psychiatric assistance dog to a person if the Commission is satisfied:

 

(a)     the person is an entitled member; and

 

(b)     the person has an accepted condition of post-traumatic stress disorder or a diagnosis of post-traumatic stress disorder from a psychiatrist; and

 

(c)     the person is undergoing treatment by a psychiatrist or a psychologist for post-traumatic stress disorder and has been undergoing such treatment for at least 3 months; and

 

(d)     the person has been assessed as suitable for the supply of a psychiatric assistance dog by a mental health professional having regard to the factors in the RAP Guidelines for this assessment; and

 

(e)     the person is suitable for the supply of a psychiatric assistance dog having regard to the factors in the RAP Guidelines relating to living arrangements, current life circumstances, support networks, and ability to properly care for the dog.

 

 

11.3.5.2   In making a decision about the supply of a guide dog, mobility dog or hearing dog for an entitled member under paragraph 11.3.1, the Commission is to have regard to the factors in the RAP Guidelines relating to the supply of a guide dog, mobility dog or hearing dog, as the case requires.

 

 

11.3.5.3   If the Commission has accepted financial responsibility for the supply of an assistance dog the Commission will also be responsible for the reasonable costs associated with keeping the dog while the dog remains in the care of the entitled member.

 

 

11.3.5.4  For paragraphs 11.3.5.1 to 11.3.5.4:

 

AHPRA means the Australian Health Practitioner Regulation Agency;

 

assistance dog means a guide dog, a mobility dog, a hearing dog or a psychiatric assistance dog;

 

mental health professional means:

 

(a)     a psychiatrist; or

 

(b)     a psychologist; or

 

(c)     a mental health occupational therapist; or

 

(d)     a mental health social worker;

 

mental health occupational therapist means a person who is registered with AHPRA to practise as an occupational therapist and eligible to provide focussed psychological strategies under Medicare;

 

mental health social worker means a social worker who is a member of the Australian Association of Social Workers and certified by that association as eligible to provide focussed psychological strategies under Medicare;

 

psychiatrist means a medical practitioner who is registered with AHPRA and holds specialist registration as a psychiatrist;

 

psychologist means a person who is registered with AHPRA to practise as a psychologist;

 

RAP Guidelines means the Rehabilitation Appliances Program (RAP) National Guidelines defined in paragraph 1.4.1 of these Principles.