Military Rehabilitation and Compensation Commission

Military Rehabilitation and Compensation (Coordinated Veterans’ Care Mental Health Pilot) Determination 2018

Instrument 2018 No. MRCC 41

1 Name

This instrument is the Military Rehabilitation and Compensation (Coordinated Veterans’ Care Mental Health Pilot) Determination 2018.

2 Commencement

This instrument commences immediately after the commencement of Schedule 3 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Bill 2018.

Note:  Section 2 of the Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017 provides for Schedule 3 to that Act to commence on the 28th day after the Act receives the Royal Assent.

3 Authority

This instrument is made under subsection 287A(2) of the Military Rehabilitation and Compensation Act 2004.

4 Purpose

The purpose of this instrument is to determine a class of persons who will be entitled (subject to further selection by the Commission) for services under the program established by the Commonwealth and known as the Coordinated Veterans’ Care Mental Health Pilot.

Note 1:  The Commission is empowered, under paragraph 287A(1)(b) of the Act to determine in writing that section 287A of the Act applies to a person who falls within the class determined by this instrument.  The effect of paragraph 287A(1)(b) of the Act is to enable the Commission, by determination in writing, to select persons from the class determined by this instrument to be provided with services under the Coordinated Veterans’ Care Mental Health Pilot.

Note 2: Details of the Coordinated Veterans’ Care Mental Health Pilot can be found at:

https://www.dva.gov.au/providers/provider-programs/coordinated-veterans-care/cvc-mental-health-pilot-information-providers

5 Definitions

In this instrument:

Act means the Military Rehabilitation and Compensation Act 2004.

anxiety disorder means the disorder described as an anxiety disorder in Statement of Principles No.102 of 2014 (paragraph 3 (b)) or in Statement of Principles No.103 of 2014 (paragraph 3(b)) in force from time to time; or described as an anxiety disorder in any subsequent Statement of Principles in force from time to time.

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

depressive disorder means the disorder described as a depressive disorder in Statement of Principles No. 83 of 2015 (subsection 7(2)) or in Statement of Principles No. 84 of 2015 (subsection 7(2)) in force from time to time; or described as a depressive disorder in any subsequent Statement of Principles in force from time to time.

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 treatment for:

(a)     a service injury or disease under the Act; or

(b)     a war-caused or defence-caused injury or disease, or a specified condition, under the Veterans’ Entitlements Act 1986; or

(c)     a mental health condition on a non-liability health care basis.

Note: The following terms used in this instrument are defined in the Act:

former member (s5(1))

Permanent Forces (s5(1))

Reserves (s5(1))

service injury or disease (s5(1))

6 Determined class of persons

For the purposes of paragraph 287A(1)(a) of the Act, the following class of persons is determined:

A person who:

(a)   is a former member or has separated from the Permanent Forces (for whatever reason) and is a member of the Reserves; and

(b)   is an Australian resident living in Australia; and

(c)   has:

(i)    a mild to moderate form of anxiety disorder or a mild to moderate form of depressive disorder; and

(ii)                a chronic physical condition accompanied by pain; and

(d)   is, in the opinion of the person’s general practitioner, likely to benefit from participation in the Coordinated Veterans’ Care Mental Health Pilot; and

(e)   has been issued with a White Card.