Federal Register of Legislation - Australian Government

Primary content

Instrument 2021 No. R9 Determinations/Veterans' Entitlements as made
This instrument will allow the Repatriation Commission to determine specific classes of veterans and their dependants who are eligible to be provided with a specific form of treatment in the form of vaccinations for overseas travel.
Administered by: Veterans' Affairs
Registered 31 Mar 2021

 

 

REPATRIATION COMMISSION

 

Veterans’ Entitlements Act 1986

 

Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021

 

 

Instrument 2021 No. R9

 

1.         The Repatriation Commission makes this Determination under paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Veterans’ Entitlements Act 1986 (Act).

 

2.         For the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act the Repatriation Commission specifies the class of persons and the kind of treatment in Parts 2 and 3 respectively, of the Determination.

 

Dated this     26th       day of              March               2021

 

 

The Seal of the                  )

Repatriation Commission )

was affixed hereto in the   )

presence of:                       )

 

 

Elizabeth Cosson

Kate Pope

Donald Spinks

ELIZABETH COSSON

KATE POPE

DONALD SPINKS

AM CSC

PSM

AM

PRESIDENT

 

 

Gwen Cherne

GWEN CHERNE

 

COMMISSIONER

DEPUTY PRESIDENT

 

 

COMMISSIONER

 

 

Stuart Smith

STUART SMITH

AO DSC

COMMISSIONER


 

 


 


Part 1  Introduction

 

1.1         Name of Determination

 

This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).

 

1.2         Commencement

 

This Determination commences, or is taken to have commenced, on the day after it is registered.

 

1.3         Revocation

 

The Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.

 

1.4         Definitions

 

In this Determination:

 

Act means the Veterans’ Entitlements Act 1986.

Commission means the Repatriation Commission.

dependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.

Gold Card has the meaning it has in the Treatment Principles.

Gold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.

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

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

specified class means the class of persons specified in Part 2 of this Determination.

specified treatment means treatment described in Part 3 of this Determination.

Treatment Principles means:

(a)            the legislative instrument known as the Treatment Principles made under

section 90 of the Act, as in force from time to time; and

(b)     the Treatment Principles as modified from time to time by the:

(i)    Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the

(ii)      Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);

and:

(c)      the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.

veterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.

veteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).

 

          1.5          Purpose

 

The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).

         

          Upon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.

         

          Section 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.

         

          Section 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.

 

          It also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.

 

          In this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019

 

          The treatment is preventive in nature.


 

Part 2         Specified Class of Person

 

2.1     A person who

          (a)     is a veteran; and

          (b)     is in Australia at the time the specified treatment is provided to the veteran; and

          (c)     holds a Gold Card;

 

     is eligible to be provided with the specified treatment.

 

2.2     A person who:

 

          (a)     is a dependant of a veteran; and

          (b)     is in Australia at the time the specified treatment is provided to the dependant; and

          (c)     holds a Gold Card;

 

     is eligible to be provided with the specified treatment.

 

2.3  Any other person who:

 

(a)       is not a veteran or a dependant of a veteran; and

(b)      is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;

 

     is eligible to be provided with the specified treatment.

 


 

Part 3         Specified Kind of Treatment

 

The kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:

 

(a)                a medical procedure or medical attendance under the Treatment Principles; and

(b)               a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.