Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Amendment Determination (No. 2) 2018

 

Instrument 2018 No. R60

 

 

 

 

 

The Repatriation Commission under subsection 88A(2) of the Veterans’ Entitlements Act 1986 (the Act) makes the following instrument.

 

 

Dated this        7th            day of     June       2018

 

 

The Seal of the                                                               )   

Repatriation Commission                                              ) 

was affixed hereto in the                                                ) SEAL

presence of:                                                                    ) 

                                                                                       

 

 

 

 

Elizabeth Cosson

 

ELIZABETH COSSON

 

John Fely

 

JOHN FELY

AM CSC

 

 

PRESIDENT

 

ACTING DEPUTY PRESIDENT

 

 

 

 

 

 

1 Name

 

This instrument is the Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Amendment Determination (No. 2) 2018.

 

 

2 Commencement

 

This instrument commences on 1 July 2018.

 

 

3 Authority

 

This instrument is made under subsection 88A(2) of the Veterans’ Entitlements Act 1986.

 

 

4 Variation of Instrument

 

The Veterans’ Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 (Instrument 2017 No.R24) (FRLI reference number F2018C00272) is varied as set out in the items in the Schedule to this instrument.

 

 

 

 


Schedule

 

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

 

 

[1] Section 7 (Definitions)

 

Insert the following definitions:

 

 

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.

 

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.

 

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.

 

 

[2] Section 10A (Transitioning members of the Defence Force)

 

After the section, insert:

 

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. 

 

[3] Subsection 11(1)

 

Omit “section 9 or 10”, substitute “section 9, 10 or 10B(1)”