Military Rehabilitation and Compensation Act 2004
Instrument 2017 No.R21/MRCC21
I, Dan Tehan, Minister for Veterans’ Affairs, approve:
(a) under subsection 90(5) of the Veterans’ Entitlements Act 1986 (VEA) the variations by the Repatriation Commission of the Treatment Principles in the following instrument; and
(b) under subsection 286(3) 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 16th day of June 2017
Dan Tehan DAN TEHAN |
The Repatriation Commission makes, under subsection 90(4) of the Veterans’ Entitlements Act 1986 the variations to the Treatment Principles in the following instrument.
Dated this 8th day of June 2017
The Seal of the ) Repatriation Commission ) SEAL was affixed hereto in the ) presence of: )
Simon Lewis C Orme MA Kelly ………………………………………………………………………………………………………….... SIMON LEWIS CRAIG ORME Major General Mark Kelly DSC AM CSC AO DSC PRESIDENT DEPUTY PRESIDENT COMMISSIONER
|
The Military Rehabilitation and Compensation Commission, by its delegates, makes, under subsection 286(2) of the Military Rehabilitation and Compensation Act 2004, the variations to the MRCA Treatment Principles in the following instrument.
Dated this 8th day of June 2017
The Seal of the ) Military Rehabilitation and Compensation Commission ) SEAL was affixed hereto in the ) presence of: )
Simon Lewis C Orme MA Kelly ……………………………………………………………………………………………………….. SIMON LEWIS CRAIG ORME Major General Mark Kelly DSC AM CSC AO DSC CHAIR and DELEGATE MEMBER and DELEGATE MEMBER and DELEGATE
MEMBER |
Name
1. This instrument is the Veterans’ Affairs (Treatment Principles – Updating of Fee Schedules for Medical Services and Other Matters) Amendment Instrument 2017.
Commencement
2. This instrument commences, or is taken to have commenced, on 1 July 2017.
3. This instrument is made under:
(a) subsection 90(4) of the Veterans’ Entitlements Act 1986 in respect of the variations to the Treatment Principles in Schedule 1; and
(b) subsection 286(2) of the Military Rehabilitation and Compensation Act 2004 in respect of the variations to the MRCA Treatment Principles in Schedule 2.
Schedules
4. 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)
Part 1 – Updating of incorporated documents
[1] Schedule 1
substitute:
SCHEDULE 1 DATES FOR INCORPORATED DOCUMENTS |
The following documents are incorporated-by-reference into the Treatment Principles in the form in which they exist on 1 July 2017:
http://www.health.gov.au/internet/main/publishing.nsf/Content/mental-ba
Part 2 – Expansion of NLHC for mental health treatment
[2] Paragraph 1.4 (Interpretation)
omit the definitions:
“alcohol use disorder”
“anxiety disorder”
“depressive disorder”
“post-traumatic stress disorder”
“substance use disorder”
[3] Paragraph 1.4 (Interpretation) Definition of “general practitioner”
omit the Note to the definition
[4] Paragraph 1.4 (Interpretation) Definition of “White Card”
omit the definition, substitute:
"White Card" means the identification card provided by the Department to a person who is eligible under the Act for treatment, subject to these Principles and any determination under section 88A of the Act, for one or more of the following conditions:
(a) a determined condition (other than an unidentifiable condition);
(b) a SRCA disability;
(c) a mental health condition;
(d) malignant neoplasia;
(e) pulmonary tuberculosis;
(f) war-caused injury;
(g) war-caused disease;
and also means a written authorisation issued on behalf of the Commission under subparagraph 2.1.1(a)(iii) and provided to a person who is eligible under the Act for treatment, subject to these Principles and any determination under section 88A of the Act, of the following condition:
(h) unidentifiable condition.
Note 1: an "unidentifiable condition" is governed by the Veterans’ Affairs (Extended Eligibility for Treatment) Instrument 2015 (2015 No. R21), as in force from time to time.
Note 2: a “mental health condition” has the same meaning as in the Veterans’ Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 (Instrument 2017 No.R24), as in force from time to time, or in any subsequent legislative instrument, as in force from time to time, that repeals and replaces that determination.
[5] Paragraph 2.5.1 – Note to the Provision
omit the Note
[6] Paragraph 2.5A.1 – Note to the Provision
omit the Note
[7] Paragraph 2.5A.2 – Examples 1 and 2
omit the Examples
[8] Paragraph 2.5A.4
omit the paragraph and Note to the paragraph, substitute:
2.5A.4 In paragraph 2.5A:
“veteran or eligible ADF member” means a person who is within a class of persons specified in Part 2 of the Veterans’ Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 (Instrument 2017 No. R24), as in force from time to time; or in any subsequent legislative instrument, as in force from time to time, that repeals and replaces that determination; and
“mental health condition” has the same meaning as in the Veterans’ Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 (Instrument 2017 No. R24), as in force from time to time, or in any subsequent legislative instrument, as in force from time to time, that repeals and replaces that determination.
Note: Other matters dealing with the treatment of mental health conditions on a non-liability basis for veterans and eligible ADF members are dealt with in the Veterans’ Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 (Instrument 2017 No. R24), as in force from time to time, or in any subsequent legislative instrument, as in force from time to time, that repeals and replaces that determination.
Part 3 – Minor and technical amendments
[9] Paragraph 1.3 1 (Note to the Provision)
omit:
section 32
substitute:
section 213
[10] Paragraph 1.4 (Interpretation) Definition of “Australian Government’s Better Access initiative”
omit:
“Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative”
substitute:
“Better Access to Psychiatrists, Psychologists and General Practitioners through the MBS (Better Access) initiative”
[11] Paragraph 1.4 (Interpretation) Definition of “General information about VVCS – Veterans and Veterans Families Counselling Service”
Omit the definition
[12] Paragraph 1.4 (Interpretation) Definition of “VVCS criterion”
omit the definition and the Note to the definition, substitute:
“VVCS criterion” means a criterion in the DVA document “Factsheet VCS01 - Veterans and Veterans Families Counselling Service (VVCS)”, in force on the date in Schedule 1, under the heading “Am I eligible for VVCS?” being a criterion that relates to a person who is eligible for treatment under the Act.
[13] Paragraph 1.4 (Interpretation) Definition of “VVCS OPC Provider Notes”
omit:
“Veterans and Veterans Families Counselling Services (VVCS) Outreach Program Counsellors (OPC) Provider Notes”
substitute:
“Veterans and Veterans Families Counselling Services Outreach Program Counsellors Provider Notes”
[14] Paragraph 3.5.1(1)(m)
omit:
“DVA Schedule of Fees Orthoptists”
substitute:
“Orthoptists Schedule of Fees”
[15] Paragraph 3.5.1(1)(oa)
omit:
“Veterans and Veterans Families Counselling Service (VVCS) Outreach Program Counsellors (OPC) Schedule of Fees”
substitute:
“Veterans and Veterans Families Counselling Service (VVCS) Outreach Program Counsellor Schedule of Fees”
Schedule 2-Variations to the MRCA Treatment Principles (Instrument 2013 No. MRCC53)
Part 1 – Updating of incorporated documents
[1] Schedule 1
substitute:
SCHEDULE 1 DATES FOR INCORPORATED DOCUMENTS |
The following documents are incorporated-by-reference into the MRCA Treatment Principles in the form in which they exist on 1 July 2017:
http://www.health.gov.au/internet/main/publishing.nsf/Content/mental-ba
Part 2 – Minor and technical amendments
[2] Paragraph 1.4 (Interpretation) Definition of “Australian Government’s Better Access initiative”
omit:
“Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative”
substitute:
“Better Access to Psychiatrists, Psychologists and General Practitioners through the MBS (Better Access) initiative”
[3] Paragraph 1.4 (Interpretation) Definition of “General information about VVCS – Veterans and Veterans Families Counselling Service”
omit the definition
[4] Paragraph 1.4 (Interpretation) Definition of “VVCS criterion”
omit the definition, substitute:
“VVCS criterion” means a criterion in the DVA document “Factsheet VCS01 - Veterans and Veterans Families Counselling Service (VVCS)”, in force on the date in Schedule 1, under the heading “Am I eligible for VVCS?” being a criterion that relates to a person who is eligible for treatment under the Act.
[5] Paragraph 1.4 (Interpretation) Definition of “VVCS OPC Provider Notes”
omit:
“Veterans and Veterans Families Counselling Services (VVCS) Outreach Program Counsellors (OPC) Provider Notes”
substitute:
“Veterans and Veterans Families Counselling Services Outreach Program Counsellors Provider Notes”
[6] Paragraph 3.5.1(1)(m)
omit:
“DVA Schedule of Fees Orthoptists”
substitute:
“Orthoptists Schedule of Fees”
[7] Paragraph 3.5.1(1)(oa)
omit:
“Veterans and Veterans Families Counselling Service (VVCS) Outreach Program Counsellors (OPC) Schedule of Fees”
substitute:
“Veterans and Veterans Families Counselling Service (VVCS) Outreach Program Counsellor Schedule of Fees”