Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L00906

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REPATRIATION COMMISSION
 
Veterans’ Entitlements Act 1986
 
Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014
 
Instrument 2014 No. R18
 
The Repatriation Commission, pursuant to paragraph 88A(1)(d) of the Veterans’ Entitlements Act 1986 (the Act or the VEA), hereby determines that a person:
 
(a) who is not covered by paragraph (a), (b) or (c) of subsection 88A(1) of the Act; and
(b) who is in the class of person specified in Part 2 of this Determination;
 
is eligible to be provided with treatment of the kind specified in Part 3 of this Determination from and including the date that is 3 months before the date on which the application to be provided with that treatment is lodged at an office of the Department in Australia in accordance with section 5T of the Act.
 
Dated  this      30th                 day of                          June                 2014
 
The Seal of the                                                                     )
Repatriation Commission                                                  )
was affixed hereto in the                                                   ) SEAL
presence of:                                                                          )
Simon Lewis                           Jennifer Collins                          Major General Mark Kelly
………………………………………………......................……………………………………….
SIMON LEWIS              JENNIFER COLLINS             Major General Mark Kelly
                                                                                                                 AO DSC
    PRESIDENT      ACTING DEPUTY PRESIDENT              COMMISSIONER
 
 
 
Repatriation Commission
                  _____________________________________________________
Part 1         Introduction
 
1.1            Name of Instrument
 
This Instrument is the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014.
 
1.2            Commencement
 
This Instrument commences, or is taken to have commenced, when Schedule 1 to the Veterans’ Affairs Legislation Amendment (Mental Health and Other Measures) Act 2014 commences.
 
1.3            Definitions
 
In this Instrument:
 
Act means the Veterans’ Entitlements Act 1986.
 
alcohol use disorder is the disorder described as alcohol use disorder in clause 3. of the Statement of Principles concerning alcohol use disorder No. 1 of 2009 in force from time to time.
 
Note: only the meaning of alcohol use disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because alcohol use disorder need not be service-related for treatment under this instrument.
anxiety disorder is the disorder described as an anxiety disorder in clause 3.(b) of the Statement of Principles concerning anxiety disorder No. 101 of 2007 in force from time to time.
 
Note: only the meaning of anxiety disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because anxiety disorder need not be service-related for treatment under this instrument.
 
appropriately qualified person means a medical practitioner who is registered under a law of a State or Territory as a specialist in Psychiatry or a medical practitioner who, in the opinion of the Repatriation Commission, is qualified in the area of alcohol use disorder, anxiety disorder, depressive disorder or posttraumatic stress disorder, as the case requires.
depressive disorder is the disorder described as a depressive disorder in Statement of Principles concerning depressive disorder No.27 of 2008 (clause 3.(b)) in force from time to time.
 
Note: only the meaning of depressive disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because depressive disorder need not be service-related for treatment under this instrument.
 
 
 
posttraumatic stress disorder is the disorder described as a posttraumatic stress disorder in Statement of Principles concerning posttraumatic stress disorder No.5 of 2008 (clause 3.(b)) in force from time to time.
Note: only the meaning of posttraumatic stress disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because posttraumatic stress disorder need not be service-related for treatment under this instrument.
 
Statement of Principles means a "Statement of Principles" determined by the Repatriation Medical Authority under subsection 196B(2) of the Act.
Statement of Principles concerning alcohol use disorder No. 1 of 2009 means the Statement of Principles called Statement of Principles concerning alcohol use disorder No. 1 of 2009.
Statement of Principles concerning anxiety disorder No. 101 of 2007 means the Statement of Principles called Statement of Principles concerning anxiety disorder No. 101 of 2007.
Statement of Principles concerning depressive disorder No.27 of 2008 means the Statement of Principles called Statement of Principles concerning depressive disorder No.27 of 2008.
Statement of Principles concerning posttraumatic stress disorder No.5 of 2008 means the Statement of Principles called Statement of Principles concerning posttraumatic stress disorder No.5 of 2008.
Statement of Principles concerning substance use disorder No. 3 of 2009 means the Statement of Principles called Statement of Principles concerning substance use disorder No. 3 of 2009.
substance use disorder is the disorder described as a substance use disorder in the Statement of Principles concerning substance use disorder No. 3 of 2009 (clause 3.) in force from time to time.
 
Note: only the meaning of substance use disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because substance use disorder need not be service-related for treatment under this instrument.
 
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.
 
Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.
 
The following terms are defined in the Act:
·         continuous full-time service (s.5C(1))
·         Defence Force (s.5C(1))
·         effective full-time service (s.68(1))
·         member of the Defence Force (s.5C(1); s.5C(2))
 
Part 2        Specified Class of Person
 
alcohol use disorder
 
The following class of person is specified:
 
A person who:
 
(a) is or was a member of the Defence Force; and
 
(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:
 
(i) rendered at least three years effective full-time service in the Defence Force; or
(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than three years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and
(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:
(i) before the person had completed 12 months’ effective full-time service; and
(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:
(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and
(B) had not been aggravated, or materially aggravated, by that service; and
 
Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.
Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.
 
(d) is not eligible for treatment of an alcohol use disorder under:
 
(i) subsection 85(2) of the Veterans’ Entitlements Act 1986; or
(ii) the Safety, Rehabilitation and Compensation Act 1988; or
(iii) the Military Rehabilitation and Compensation Act 2004; and
 
(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from an alcohol use disorder and not more than 12 months has passed since the date the certificate or other document was signed; and
 
(f) lodges an application to be provided with treatment for alcohol use disorder at an office of the Department in Australia in accordance with section 5T of the Act.
 
Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.
 
substance use disorder
 
The following class of person is specified:
 
A person who:
 
(a) is or was a member of the Defence Force; and
 
(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:
 
(i) rendered at least three years effective full-time service in the Defence Force; or
(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than three years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and
 
(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:
(i) before the person had completed 12 months’ effective full-time service; and
(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:
(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and
(B) had not been aggravated, or materially aggravated, by that service; and
 
Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.
Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.
 
(d) is not eligible for treatment of a substance use disorder or a substance use disorder, under:
 
(i) subsection 85(2) of the Veterans’ Entitlements Act 1986; or
(ii) the Safety, Rehabilitation and Compensation Act 1988; or
(iii) the Military Rehabilitation and Compensation Act 2004; and
 
(e) holds a certificate or other document signed and issued by an appropriately qualified person  that states that the person suffers from a substance use disorder and not more than 12 months has passed since the date the certificate or other document was signed; and
 
(f) lodges an application to be provided with treatment for substance use disorder
at an office of the Department in Australia in accordance with section 5T of the Act.
 
Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.
 
anxiety disorder
 
The following class of person is specified:
 
A person who:
 
(a) is or was a member of the Defence Force; and
 
(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:
 
(i) rendered at least three years effective full-time service in the Defence Force ; or
(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than 3 years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and
 
(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:
(i) before the person had completed 12 months’ effective full-time service; and
(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:
(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and
(B) had not been aggravated, or materially aggravated, by that service; and
 
Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.
Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.
 
(d) is not eligible for treatment of a anxiety disorder under:
 
(i) Part V of the Veterans’ Entitlements Act 1986 (other than under paragraph 88A(1)(d) or subparagraph 92(1)(a)(iii)); or
(ii) the Safety, Rehabilitation and Compensation Act 1988; or
(iii) the Military Rehabilitation and Compensation Act 2004; and
 
(e) holds a certificate or other document signed and issued by an appropriately qualified person a medical practitioner that states that the person suffers from an anxiety disorder and not more than 12 months has passed since the date the certificate or other document was signed; and
 
(f) lodges an application to be provided with treatment for anxiety disorder
at an office of the Department in Australia in accordance with section 5T of the Act.
 
Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.
 
depressive disorder
 
The following class of person is specified:
 
A person who:
 
(a) is or was a member of the Defence Force; and
 
(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:
 
(i) rendered at least three years effective full-time service in the Defence Force; or
(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than 3 years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and
(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:
(i) before the person had completed 12 months’ effective full-time service; and
(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:
(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and
(B) had not been aggravated, or materially aggravated, by that service; and
 
Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.
Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.
 
(d) is not eligible for treatment of a depressive disorder under:
 
(i) Part V of the Veterans’ Entitlements Act 1986 (other than under paragraph 88A(1)(d) or subparagraph 92(1)(a)(iii)); or
(ii) the Safety, Rehabilitation and Compensation Act 1988; or
(iii) the Military Rehabilitation and Compensation Act 2004; and
 
(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from a depressive disorder and not more than 12 months has passed since the date the certificate or other document was signed; and
 
(f) lodges an application to be provided with treatment for depressive disorder
at an office of the Department in Australia in accordance with section 5T of the Act.
 
Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.
 
posttraumatic stress disorder
 
The following class of person is specified:
 
A person who:
 
(a) is or was a member of the Defence Force; and
 
(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:
 
(i) rendered at least three years effective full-time service in the Defence Force; or
(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than 3 years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and
 
(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:
(i) before the person had completed 12 months’ effective full-time service; and
(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:
(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and
(B) had not been aggravated, or materially aggravated, by that service; and
 
Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.
Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.
 
(d) is not eligible for treatment of a posttraumatic stress disorder under:
 
(i) subsection 85(2) of the Veterans’ Entitlements Act 1986; or
(ii) the Safety, Rehabilitation and Compensation Act 1988; or
(iii) the Military Rehabilitation and Compensation Act 2004; and
 
(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from a posttraumatic stress disorder and not more than 12 months has passed since the date the certificate or other document was signed; and
 
(f) lodges an application to be provided with treatment for posttraumatic stress disorder
at an office of the Department in Australia in accordance with section 5T of the Act.
 
Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.
 
Part 3        Specified Treatment
 
The following kind of treatment is specified:
 
Treatment that can be applied to an alcohol use disorder, substance use disorder, anxiety disorder, depressive disorder or posttraumatic stress disorder as the case may be, under, and subject to:
 
the Treatment Principles; or the Repatriation Pharmaceutical Benefits Scheme; or the Repatriation Private Patient Principles; or
an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.