Australian Government
Veterans’ Entitlements Act 1986
Military Rehabilitation and Compensation Act 2004
Australian Participants in British Nuclear Tests (Treatment) Act 2006
Veterans’ Affairs (Treatment Principles – Removal of Prior Approval Requirement and Time Limits for Convalescent and Respite Care in Hospital) Amendment Instrument 2015
Instrument 2015 No.R32/MRCC32
I, Michael Ronaldson, Minister for Veterans’ Affairs, as required by subsection 90(5) of the Veterans’ Entitlements Act 1986 (VEA), subsection 286(3) of the Military Rehabilitation and Compensation Act 2004 (MRCA) and subsection 16(7) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (APBNT(T)A), approve:
(a) under the VEA — the making by the Repatriation Commission of the legislative instrument in Schedule 1. (b) under the MRCA — the making by the Military Rehabilitation and Compensation Commission of the legislative instrument in Schedule 2. (c) under the APBNT(T)A — the making by the Repatriation Commission of the legislative instrument in Schedule 3.
Dated this 18th day of August 2015 Michael Ronaldson MICHAEL RONALDSON |
The Repatriation Commission (RC) makes the legislative instrument in Schedule 1 under subsection 90(4) of the Veterans’ Entitlements Act 1986 (VEA) and makes the legislative instrument in Schedule 3 under subsection 16(6) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (APBNT(T)A). The Military Rehabilitation and Compensation Commission (MRCC) makes the legislative instrument in Schedule 2 under subsection 286(2) of the Military Rehabilitation and Compensation Act 2004 (MRCA).
Dated this 6th day of August 2015
The Seals of the ) Repatriation Commission and ) Military Rehabilitation and Compensation Commission) SEAL SEAL were affixed hereto in the ) presence of: )
Simon Lewis Craig Orme ................................................................................................................................................................... SIMON LEWIS CRAIG ORME AM CSC RC PRESIDENT/MRCC CHAIR RC DEPUTY PRESIDENT/MRCC MEMBER
Jennifer Taylor Air Vice-Marshall Tony Needham …………………………………...................................................................................................................................…… Ms JENNIFER TAYLOR Air Vice-Marshal tony Needham AM MRCC MEMBER MRCC MEMBER
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Name
1 This instrument is the Veterans’ Affairs (Treatment Principles – Removal of Prior Approval Requirement and Time Limits for Convalescent and Respite Care in Hospital) Amendment Instrument 2015.
Commencement
2 This instrument commences on the day after registration.
3 This instrument is made under the Veterans’ Entitlements Act 1986, the Military Rehabilitation and Compensation Act 2004 and the Australian Participants in British Nuclear Tests (Treatment) Act 2006.
4 Each instrument that is specified in a Schedule to this instrument is amended or repealed 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
The Treatment Principles (Instrument 2013 No. R52) is varied in accordance with Part A.
Part A
Variations to the Treatment Principles
1 Paragraph 1.4.1 (definition of “convalescent admission”)
substitute:
“convalescent care” means a period of medically prescribed convalescence for an entitled person who is recovering from an acute illness or an operation.
2 Paragraph 1.4.1 (definition of “respite admission”)
substitute:
respite care in an institution means care provided as respite to a person in an institution.
3 Paragraph 2.2.4 (Note (1))
substitute:
Note (1): the intention is that the Commission will not accept any further financial responsibility for residential care (respite) provided to a veteran in a financial year where in that year the veteran had already been provided residential care (respite) for 63 days.
4 Paragraph 2.2.4 (Note (2))
substitute:
Note (2): for the purpose of calculating the number of days for which a veteran was provided with residential care (respite) in a financial year, any day on which the veteran was provided residential care (respite) in Australia in that year is also to be taken into account.
5 Paragraph 3.2.1 (h)
substitute:
(h) convalescent care in an institution — except where the institution is a private hospital or public hospital;
Note: for convalescent care in an institution that is a hospital see paragraph 9.5.2
(ha) respite care in an institution — except where the institution is a private hospital or public hospital;
Note: for respite care in an institution where the institution is a hospital see paragraph 10.7A.
6 Paragraph 3.3.2 (k)
substitute:
(k) treatment at a hospital under the conditions set out in paragraph 9.1.8;
(ka) convalescent care at a private hospital or public hospital;
(kb) respite care in an institution — where the institution is a private hospital or public hospital.
7 Paragraph 9.5.1
substitute:
convalescent care in institutions other than hospitals
9.5.1 Subject to prior approval and subject to paragraph 9.2.5 (health insurance etc), the Commission will accept financial responsibility for the costs of convalescent care for an entitled person at an institution other than a private hospital or public hospital for a maximum of 21 days during any financial year.
convalescent care in institutions that are private or public hospitals
9.5.2 Subject to paragraph 9.2.5 (health insurance etc), the Commission may accept financial responsibility for the costs of convalescent care for an entitled person at a private hospital or public hospital.
Note (1) prior approval is not a requirement in these circumstances.
Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility. It could exercise its discretion not to accept financial responsibility if it considered the length of convalescent care to be excessive.
8 Paragraph 10.6.2(Notes (2) and (3))
substitute, respectively:
Note (2) in Part B residential care (respite) includes residential care (28 day) respite.
Note (3): by virtue of Determination 4/2001 residential care (respite) may be applied to the non-war caused (non-accepted) conditions of a white-card holder.
9 Paragraph 10.6.2 (Heading to the Table)
omit:
RESPITE ADMISSION
substitute:
RESIDENTIAL CARE (RESPITE)
10 Paragraph 10.6.3(a)
omit:
been a respite admission for 63 days
substitute:
been provided with residential care (respite) for 63 days
11 Paragraph 10.6.5
omit:
been a respite admission for 63 days
substitute:
been provided with residential care (respite) for 63 days
12 Paragraph 10.6.6
omit:
been a respite admission for 63 days
substitute:
been provided with residential care (respite) for 63 days
13 PART 10 Part C (the heading and notes)
substitute:
Part C — respite care in an institution not involving residential care (respite)
Note (1): this heading is intended to be an aid in interpretation.
Note (2): an example of respite care in an institution not involving residential care (respite) would be respite provided to a person in a hospital. The definition of residential care does not include hospital care.
14 Paragraph 10.7
substitute:
respite care in an institution (other than a hospital)
10.7 The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for a person (being either an entitled person or that person’s carer) for a maximum period of 28 days in a financial year:
(a) being an institution (other than a private hospital or public hospital) in respect of which a residential care subsidy is not payable; and
(b) if, in the opinion of the Commission, it is a cost-effective and appropriate alternative to residential care (respite) under paragraph 10.6.1 and to Respite Care under the Veterans' Home Care Program.
Note (1): prior approval is required (see paragraph 3.2.1(h)).
Note (2): an institution here would include a residential care facility not covered by the Aged Care Act 1997.
respite care in an institution (being a private or public hospital)
10.7A The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for an entitled person where the institution is a private hospital or public hospital.
Note (1) prior approval is not a requirement in these circumstances.
Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility. It could exercise its discretion not to accept financial responsibility if it considered the length of respite care in an institution to be excessive.
Schedule 2
The MRCA Treatment Principles (Instrument 2013 No. MRCC53) is varied in accordance with Part A.
Part A
Variations to the MCRA Treatment Principles
1 Paragraph 1.4.1 (definition of “convalescent admission”)
substitute:
“convalescent care” means a period of medically prescribed convalescence for an entitled person who is recovering from an acute illness or an operation.
2 Paragraph 1.4.1 (definition of “respite admission”)
substitute:
respite care in an institution means care provided as respite to a person in an institution.
3 Paragraph 2.2.4(d) (Note (1))
substitute:
Note (1): the intention is that the Commission will not accept any further financial responsibility for residential care (respite) provided to the member/former member in a financial year where in that year the person had already been provided residential care (respite) for 63 days.
4 Paragraph 3.2.1 (h)
substitute:
(h) convalescent care in an institution — except where the institution is a private hospital or public hospital;
Note: for convalescent care in an institution that is a hospital see paragraph 9.5.2
(ha) respite care in an institution — except where the institution is a private hospital or public hospital;
Note: for respite care in an institution where the institution is a hospital see paragraph 10.4A.
5 Paragraph 3.3.2 (k)
substitute:
(k) treatment at a hospital under the conditions set out in paragraph 9.1.8;
(ka) convalescent care at a private hospital or public hospital;
(kb) respite care in an institution — where the institution is a private hospital or public hospital.
6 Paragraph 9.5.1
substitute:
convalescent care in institutions other than hospitals
9.5.1 Subject to prior approval and subject to paragraph 9.2.5 (health insurance etc), the Commission will accept financial responsibility for the costs of convalescent care for an entitled person at an institution other than a private hospital or public hospital for a maximum of 21 days during any financial year.
convalescent care in institutions that are private or public hospitals
9.5.2 Subject to paragraph 9.2.5 (health insurance etc), the Commission may accept financial responsibility for the costs of convalescent care for an entitled person at a private hospital or public hospital.
Note (1) prior approval is not a requirement in these circumstances.
Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility. It could exercise its discretion not to accept financial responsibility if it considered the length of convalescent care to be excessive.
7 Paragraph 10.2.1 (Note (2))
omit the note.
8 Paragraph 10.3.2 (Note (2))
substitute:
Note (2) In Part B residential care (respite) includes residential care (28 day) respite.
9 Paragraph 10.3.2 (Heading to the Table)
omit:
RESPITE ADMISSION
substitute:
RESIDENTIAL CARE (RESPITE)
10 Paragraph 10.3.4(a)
omit:
been a respite admission for 63 days
substitute:
been provided with residential care (respite) for 63 days
11 Paragraph 10.3.6
omit:
been a respite admission for 63 days
substitute:
been provided with residential care (respite) for 63 days
12 Paragraph 10.3.7
omit:
been a respite admission for 63 days
substitute:
been provided with residential care (respite) for 63 days
13 PART 10 Part C (the heading and notes)
substitute:
Part C — respite care in an institution not involving residential care (respite)
Note (1): this heading is intended to be an aid in interpretation.
Note (2): an example of respite care in an institution not involving residential care (respite) would be respite provided to a person in a hospital. The definition of residential care does not include hospital care.
14 Paragraph 10.4
substitute:
respite care in an institution (not a hospital)
10.4 The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for a person (being either an entitled person or that person’s carer) for a maximum period of 28 days in a financial year:
(a) being an institution (other than a private hospital or public hospital) in respect of which a residential care subsidy is not payable; and
(b) if, in the opinion of the Commission, it is a cost-effective and appropriate alternative to residential care (respite) under paragraph 10.3.1 and to Respite Care under the MRCA Home Care Program.
Note: prior approval is required (see paragraph 3.2.1(h)).
respite care in an institution (a private or public hospital)
10.4A The Commission may accept, in whole or in part, financial responsibility for respite care in an institution for an entitled person where the institution is a private hospital or public hospital.
Note (1) prior approval is not a requirement in these circumstances.
Note (2) there is no express time limit in these circumstances but the Commission has a discretion to accept financial responsibility. It could exercise its discretion not to accept financial responsibility if it considered the length of respite care in an institution to be excessive.
Schedule 3
The Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Instrument 2013 No. R54) is varied in accordance with Part A.
Part A
Variation to the Treatment Principles (Australian Participants in British Nuclear Tests) 2006
1 4. Paragraph 1.4 Interpretation (substituted 1.4.1 -definition of “convalescent admission”)
substitute:
“convalescent care” means a period of medically prescribed convalescence for a entitled person who is recovering from an acute illness or an operation.
2 4. Paragraph 1.4 Interpretation (substituted 1.4.1 -definition of “respite admission”)
substitute:
respite care in an institution means care provided as respite to a person in an institution.
3 42. Paragraph 10.6.2 (Table and definitions)(Heading of Substituted Table)
omit:
RESPITE ADMISSION
substitute:
RESIDENTIAL CARE (RESPITE)