Veterans’ Entitlements (Expanded Access to Non‑Liability Health Care for Mental Health Treatment) Determination 2017

Instrument 2017 No. R24

made under paragraphs 88A(1)(a) and (d) of the

Veterans’ Entitlements Act 1986

Compilation No. 2

Compilation date:   1 July 2018

Includes amendments up to: F2018L00749

Registered:    2 July 2018

About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 that shows the text of the law as amended and in force on 1 July 2018 (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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Introduction

1 Name

3 Authority

5 Purpose

6 Transitional

7 Definitions

8 Meaning of mental health condition

Part 2—Specified classes of person

9 Veterans

10 Past and current members of the Defence Force

10A Transitioning members of the Defence Force

10B Reservists with Disaster Relief Service etc.

11 Making a request for treatment

12 Backdating of treatment

Part 3—Specified treatment

13 Treatment

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Introduction

1  Name

  This instrument is the Veterans' Entitlements (Expanded Access to Non‑Liability Health Care for Mental Health Treatment) Determination 2017.

3  Authority

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

5  Purpose

  The purpose of this instrument is to enable persons within a class specified in Part 2 to receive treatment for a mental health condition irrespective of whether the mental health condition is linked to the person’s military service.

Note: The Repatriation Commission is to provide, arrange or accept financial responsibility for treatment for a mental health condition for a person in a class specified in Part 2 of this instrument in accordance with paragraph 2.5A of the Treatment Principles.

6  Transitional

  An application or request for treatment for a specified mental health condition made under the revoked instrument that has not been finalised on commencement of this instrument may be completed under this instrument as if it were a request for treatment for a mental health condition made under this instrument.

7  Definitions

  In this instrument:

Act means the Veterans’ Entitlements Act 1986.

border protection service means service rendered by a member of the Defence Force in an area in or outside Australia that, in the opinion of the Commission, had the purpose of securing Australia’s borders against a potential or real threat by a State, person or persons.

disaster relief service means service rendered by a member of the Defence Force in an area in or outside Australia that, in the opinion of the Commission, was an area in which a natural or other disaster occurred and the service was rendered as part of the disaster relief effort.

mental health condition – see section 8.

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

Repatriation Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act which set out the circumstances in which treatment is to be provided to eligible persons as private patients.

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

Reserves has the same meaning as in the Defence Act 1903.

reserve service day means a day or part day that a member of the Reserves is entitled to and paid a daily rate of salary for service that is a part of his or her authorised duty commitment, but is not continuous full‑time service.

revoked instrument means the Veterans’ Entitlements (Extension of Non‑Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No.R34).

serious training accident means an accident that, in the opinion of the Commission, occurred during a training exercise undertaken by the Defence Force in which a member of the Defence Force died or sustained an injury that, in the opinion of the Commission, was a serious injury.

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.

veteran has the same meaning as it has for the purposes of Part V of the Act as set out in sections 80 and 81 of the Act.

Note (1): In sections 80 and 81 of the Act, “veteran” means a person:

(a) who is, because of section 7 of the Act, taken to have rendered eligible war service; or

(b) in respect of whom a pension is, or pensions are, payable under subsection 13(6) of the Act, other than a person who is a veteran under paragraph (a) by reason only that the person rendered service as a member of the Forces of a Commonwealth country of a kind described in paragraphs 6(1)(f) or (g) of the Act and was not domiciled in Australia or an external Territory immediately before the person’s appointment or enlistment in those forces.

 Section 81 of the Act provides that “veteran” is also to be read as a reference to a “member of the Forces” or a “member of a Peacekeeping Force” as defined in subsection 68(1) of the Act.

Note (2): Other expressions used in this instrument are defined in the Act, including the following:

(a) continuous full‑time service (s.5C(1))

(b) Defence Force (s.5C(1))

(c) member of the Defence Force (s.5C(1); s.5C(2))

White Card means the Health Card known as the Repatriation Health Card – For Specific Conditions issued by the Department to indicate eligibility for funding of, amongst other things, treatment for a mental health condition on a non‑liability health care basis.

8  Meaning of mental health condition

 (1) In this instrument:

mental health condition means a mental disorder that could be assessed and diagnosed by a mental health professional in accordance with recognised criteria for such assessment and diagnosis.

 (2) In this section:

mental health professional means a person who is:

 (a) a medical practitioner (whether a general practitioner or a psychiatrist) who is registered with the Australian Health Practitioner Regulation Agency to practise as a medical practitioner; or

 (b) a psychologist who is registered with the Australian Health Practitioner Regulation Agency to practise as a psychologist and who holds a post‑graduate qualification in clinical psychology.

Note: Medical reference resources used by Australian mental health professionals in the assessment and diagnosis of mental disorders include DSM‑5 (fifth edition of the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders) and Chapter V of ICD‑10‑AM (the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification).

Part 2—Specified classes of person

9  Veterans

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

A veteran who makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.

10  Past and current members of the Defence Force

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

  A person (other than a person who is covered by paragraphs (a), (b) or (c) of section 88A of the Act) who:

 (a) is, or has been, a member of the Defence Force rendering continuous full‑time service; and

 (b) makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.

10A  Transitioning members of the Defence Force

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

  A person who:

 (a) is or was a member of the Defence Force rendering continuous full‑time service; and

 (b) has been issued with a White Card on transition from the Defence Force; and

 (c) uses the White Card to access treatment for a mental health condition.

 (2) A person in a class specified in subsection (1) is eligible for the treatment specified in Part 3 for a period of 3 months before the date when the treatment for the mental health condition is first accessed using the White Card referred to in paragraph 10A(1)(b).

10B  Reservists with Disaster Relief Service etc.

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

  A person who:

 (a) is or was a member of the Reserves; and

 (b) has on a reserve service day:

  (i) rendered border protection service; or

  (ii) rendered disaster relief service; or

  (iii) been involved in or witnessed a serious training accident; and

 (c) makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.

 (2) A person who is within a class specified in subsection (1) is eligible to be provided with treatment of a kind specified in Part 3 from and including the date that is 3 months before the day on which the request to be provided with treatment is received at an office of the Department in Australia provided that the treatment is not backdated to an earlier date than 1 July 2018. 

11  Making a request for treatment

 (1) A request for treatment under section 9, 10 or 10B(1) may be made in writing, in person or by phone call.

 (2) A request that is made in writing may be lodged electronically in a manner, and to an electronic address, that is approved for the electronic transmission of applications under subsection 85(2) of the Act by the Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016, as in force on 1 July 2017.

 (3) A request in writing that is lodged electronically in accordance with subsection (2) is taken to be received at an office of the Department in Australia on the day on which it is received at the approved electronic address.

Note: The Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016 approves the electronic lodgement of applications under subsection 85(2) of the Act via fax, via internet, and via email to the approved email address:  nlhc@dva.gov.au.

12  Backdating of treatment

 (1) A person who is within a class specified in section 9 or 10 of this instrument is eligible to be provided with treatment of the kind specified in Part 3 from and including the date that is 3 months before the day on which the request to be provided with treatment is received at an office of the Department in Australia provided that date is no earlier than 1 July 2017.

 (2) However, nothing in subsection (1) affects an entitlement of a person who is within a class specified in Part 2 of the revoked instrument to backdating of treatment for the full 3 months (even if that backdating is to a date that is earlier than 1 July 2017).

Part 3—Specified treatment

13  Treatment

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

  Treatment that can be applied to a mental health condition as the case may be, under, and subject to:

 (a) the Treatment Principles; or

 (b) the Repatriation Pharmaceutical Benefits Scheme; or

 (c) the Repatriation Private Patient Principles; or

 (d) an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.

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

Endnote 3—Legislation history

Endnote 4—Amendment history