Veterans’ Entitlements (Provisional Access to Medical Treatment) Determination 2017

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

Veterans’ Entitlements Act 1986

Compilation No. 8

Compilation date: 30 June 2026

Includes amendments: F2026L00714

Prepared by the Department of Veterans’ Affairs

About this compilation

This compilation

This is a compilation of the Veterans’ Entitlements (Provisional Access to Medical Treatment) Determination 2017 that shows the text of the law as amended and in force on 30 June 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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.

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

4  Purpose

5  Definitions

6  Meaning of specified condition

Part 2—Specified classes of person

7   Former members, part‑time reservists etc.

8   Current full‑time ADF members

Part 3—Specified treatment

9   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 (Provisional Access to Medical Treatment) Determination 2017.

3  Authority

  This instrument is made under paragraphs 88A(1)(a) and (d) of the Veterans’ Entitlements Act 1986.

4  Purpose

  The purpose of this instrument is to enable a person within a class specified in Part 2 to receive treatment (provisional treatment) for a specified condition during the period from the time the person has made a claim for liability under the MRCA, or a defence‑related claim under the SRCA (or if the DRCA is in force, a defence‑related claim under the DRCA) and before liability for that claim has been determined.

Provisional treatment is available in respect of claims made on or after 1 July 2017 and before 1 July 2027.

Entitlement to provisional treatment for a specified condition under this instrument will however cease in the circumstances set out in subsections 9(2),(3),(4) and (5).

5  Definitions

  In this instrument:

Act means the Veterans’ Entitlements Act 1986.

cadet has the same meaning as it has in section 5 of the MRCA.

Commission means the body corporate known as the Military Rehabilitation and Compensation Commission established under section 361 of the MRCA.

declared member has the same meaning as it has in section 5 of the MRCA.

DRCA means the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 created upon enactment of the Safety, Rehabilitation and Compensation Legislation Amendment (Defence Force) Bill 2016.

former member has the same meaning as it has in section 5 of the MRCA.

member has the same meaning as it has in section 5 of the MRCA.

member of the Defence Force has the same meaning as it has in the MRCA.

MRCA means the Military Rehabilitation and Compensation Act 2004.

part‑time Reservist has the same meaning as it has in section 5 of the MRCA.

Pharmaceutical Benefits Scheme means the scheme for the provision of pharmaceutical benefits prepared by the Repatriation Commission under section 91 of the Act (the Repatriation Pharmaceutical Benefits Scheme) or the determination made by the Commission under paragraph 286(1)(c) of the MRCA (the MRCA Pharmaceutical Benefits Scheme), as applicable.

Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act (the Repatriation Private Patient Principles) or the determination made by the Commission under paragraph 286(1)(b) of the MRCA (the MRCA Private Patient Principles), as applicable.

specified condition – see section 6.

SRCA means the Safety, Rehabilitation and Compensation Act 1988.

Statement of Principles means a determination made by the Repatriation Medical Authority, for the purposes of the Act and the MRCA, under subsection 196B(3) of the Act or, for determinations made from 30 June 2026, section 370CC of the MRCA.

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act (the Treatment Principles), or the determination made by the Commission under paragraph 286(1)(a) of the MRCA (the MRCA Treatment Principles), as applicable.

6  Meaning of specified condition

In this instrument, a specified condition means a condition listed in column 1 of the table in this section.

Each specified condition in column 1 has the meaning given in the provision of the Statement of Principles, as in force from time to time, listed in column 2 for the corresponding condition, or the meaning given in any subsequent Statement of Principles, as in force from time to time, for that condition.

Part 2—Specified classes of person

7   Former members, part‑time reservists etc.

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

1.     A person who:

1.     on or after 1 July 2017 and before 1 July 2027, makes:

1.      a defence‑related claim within the meaning of section 141 of the SRCA, or, if the DRCA is in force, a defence‑related claim within the meaning of section 141 of the DRCA; or
2.    a claim under paragraph 319(1)(a) of the MRCA; and

1.     that claim relates to one or more specified conditions; and
2.     prior to making the claim, the person had rendered defence service within the meaning of paragraph 6(1)(d) of the MRCA; and
3.     at the time of making the claim, the person is either:

1.      a former member, part‑time Reservist, cadet or declared member; or
2.    a member of the Defence Force who, after the claim is made and before 1 July 2027, becomes a former member.

1.     A person specified in subparagraph (1)(d)(ii) is included in the class only from the time that person becomes a former member.

8   Current full‑time ADF members

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

  A person who:

 (a) on or after 1 July 2017 and before 1 July 2027 makes a claim under paragraph 319(1)(a) of the MRCA; and

 (b) that claim relates to one or more specified conditions; and

 (c) at the time of making the claim, the person is a member who is entitled to medical and dental treatment under section 49 of the Defence Regulation 2016; and

 (d) in respect of whom, the Commission has made a determination under paragraph 279(d) of the MRCA that it is more appropriate to provide treatment for the person’s injury or disease under Part 3 of Chapter 6 of the MRCA than to provide treatment under section 49 of the Defence Regulation 2016.

Part 3—Specified treatment

9   Treatment

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

 (1) Treatment that:

 (a)  can be applied to a specified condition, under, and subject to:

 i. the Treatment Principles; or

 ii. the Pharmaceutical Benefits Scheme; or

 iii. the Private Patient Principles; or

 iv. an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act; and

 (b) is appropriate having regard to the nature of the claim and the specified conditions involved in that claim; and

 (c) is provided within the period between 1 July 2017 and 31 December 2027.

 (2) Entitlement of a person to treatment for a specified condition under this instrument ceases on the making of a determination at primary level to accept liability in respect of the specified condition.

 (3) Subject to subsection (4), entitlement of a person to treatment for a specified condition under this instrument ceases on the making of a determination at primary level to refuse liability in respect of the specified condition.

 (4) Subsection (3) does not apply if an application for review or appeal is made in relation to the determination at primary level to refuse liability in respect of the specified condition.

 (5) However, entitlement to treatment for a specified condition under this instrument ceases on the making of a decision on review or appeal referred to in subsection (4) if the decision, or the effect of the decision, is to accept or refuse liability in respect of the specified condition.

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.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history