Australian Government
Veterans’ Entitlements Act 1986
 
Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015
Instrument 2015 No.R20
 
The Repatriation Commission makes this determination under paragraphs 88A(1)(a), (b) and (d) of the Veterans’ Entitlements Act 1986.
 
Dated this  6th                          day of August                                  2015
 
The Seal of the                                                                )
Repatriation Commission                                                )
was affixed hereto in the                                                  )  SEAL
presence of:                                                                      )
 
 
 
 
 
                            Simon Lewis                                                                                    Craig Orme
........................................................................................................................................................
                        SIMON LEWIS                                                                               CRAIG ORME              
                                                                                                                                        AM CSC                                      
                          PRESIDENT                                                                           DEPUTY PRESIDENT                        
 
 
 
 
 
                                                                                                               
 
1         Name
This instrument is the Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015.
 
2        Commencement
 
             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
 
Commencement information
 
Column 1
Column 2
Column 3
 
  Provisions
Commencement
Date/Details

1.  The whole of this instrument
The day the Veterans’ Affairs (Treatment Principles – TRCP Treatment and Updating of RAP Schedules) Amendment Instrument 2015 commenced.
22 May 2015
 

                
3       Authority
            This instrument is made under section 88A of the Veterans’ Entitlements Act 1986.
 
 
 
4    Definitions:
 
(1) In this Instrument:
 
Act means the Veterans’ Entitlements Act 1986.
 
dependant, in relation to a member, means a partner of a member or of a former member or a child or stepchild of a member or of a former member.
 
entitled person has the meaning it has in the Treatment Principles.
 
former member has the meaning it has in section 5 of the MRCA.
 
member has the meaning it has in section 5 of the MRCA.
 
MRCA Treatment Principles means the legislative instrument of that name made by the Military Rehabilitation and Compensation Commission under paragraph 286(1)(a) of the MRCA.
 
Treatment Principles means the document prepared by the Repatriation Commission under subsection 90(1) of the Act.
 
veteran has the meaning it has in paragraph (a) of the definition of “veteran” in subsection 5C(1) of the Act and includes the extended meaning of “veteran” in subsection 81(2) of the Act (i.e. member of the Forces; member of a Peacekeeping Force).
 
Note: veteran is defined in the Act as including a deceased veteran
 
White Card has the meaning it has in the Treatment Principles or the MRCA Treatment Principles as the case requires.
 
The following terms are defined in the Act:
 
·            child – s.5F(1)
·            dependant – s.11
·            MRCA – s.5Q(1)
·            partner – s.5E(1)
 
5   Eligibility for TRCP treatment
 
(1) A person in a class in Part A is eligible for the treatment in Part B as an entitled person under the Treatment Principles or as if the person is an entitled person under the Treatment Principles:
 
PART A
 
A veteran eligible for treatment under Part V of the Act.
 
A dependant of a veteran – being a dependant eligible for treatment under Part V of the Act.
 
A member eligible for treatment under Chapter 6 of the MRCA.
 
A dependant of a member or of a former member – being a dependant eligible for treatment under Chapter 6 of the MRCA.
 
 
PART B
 
TRCP treatment
 
Notes:
 
·         TRCP treatment may be applied to a non-service-related condition of a veteran, member or former member e.g. an otherwise “ineligible condition” of the holder of a White Card;
·         Because paragraph 88A(1)(d) of the Act enables eligibility for treatment to be determined for “a person”, the person need not be a veteran or dependant of a veteran (persons normally covered by the Act) and may be a person covered by the MRCA.  Accordingly the MRCA Treatment Principles do not need a corresponding part dealing with TRCP Treatment.
·         Veterans and dependants of veterans are included in this instrument, albeit some veterans and dependants could be eligible for TRCP treatment without needing to be included in this instrument, so that TRCP treatment may be applied to any “ineligible condition” of a veteran i.e. a condition that is not service-related, and in relation to both veterans and dependants, so that TRCP treatment may be applied “whole-of-person” i.e. the person need not have any injury or disease.  Thus TRCP treatment may be applied to the effects of frailty caused by the ageing process.