Veterans’ Affairs (Treatment Principles – Private Accommodation in Hospital Surcharge) Instrument 2014

Link to law: https://www.comlaw.gov.au/Details/F2014L01348

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Australian Government
Veterans’ Entitlements Act 1986
Military Rehabilitation and Compensation Act 2004
Australian Participants in British Nuclear Tests (Treatment) Act 2006
 
Veterans’ Affairs (Treatment Principles – Private Accommodation in Hospital Surcharge) Amendment Instrument 2014
Instrument 2014 No.R78/MRCC78
 
 
I, Michael Ronaldson, Minister for Veterans’ Affairs, as required by the Veterans’ Entitlements Act 1986 (VEA), the Military Rehabilitation and Compensation Act 2004 (MRCA) and the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (APBNT(T)A), approve:
 
(a) under the VEA — the making by the Repatriation Commission of the legislative instrument in Schedule 1.
(b) under the MRCA — the making by the Military Rehabilitation and Compensation Commission of the legislative instrument in Schedule 2.
(c) under the APBNT(T)A — the making by the Repatriation Commission of the legislative instrument in Schedule 3.
 
Dated this 25th                        day of September                            2014
Michael Ronaldson.....................................
MICHAEL RONALDSON
 
The Repatriation Commission (RC) makes the legislative instrument in Schedule 1 under the Veterans’ Entitlements Act 1986 (VEA) and makes the legislative instrument in Schedule 3 under the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (APBNT(T)A).
The Military Rehabilitation and Compensation Commission (MRCC) makes the legislative instrument in Schedule 2 under the Military Rehabilitation and Compensation Act 2004 (MRCA).
 
 
 
Dated this                          4th  day of September                            2014
The Seals of the                                                              )
Repatriation Commission and                                        )
Military Rehabilitation and Compensation Commission) SEAL
were affixed hereto in the                                                )
presence of:                                                                      )
 
 
 
SEAL                                                             SEAL
 
 
 
 
    Simon Lewis                                                                                John Geary  
    SIMON LEWIS                                                                                                  JOHN GEARY
                        RC PRESIDENT/MRCC CHAIR                                  A/RC DEPUTY PRESIDENT/MRCC MEMBER
 
 Major General Mark Kelly                                          Rear Admiral Robyn Walker
Major General Mark Kelly                                     REAR ADMIRAL ROBYN WALKER
                 AO DSC                                                                                                AM RN
 RC COMMISSIONER/MRCC MEMBER                                                  MRCC MEMBER
 
                                                                                                               
 
Name
 
[1]  This instrument is the Veterans’ Affairs (Treatment Principles – Private Accommodation in Hospital Surcharge) Instrument 2014.
 
Commencement
 
[2]  This instrument commences on the day after it is registered.
 
Transitional
 
[3] If, before the commencement of this instrument, an entitled person, or an insurer of the person, requested the Repatriation Commission or Military Rehabilitation and Compensation Commission to accept financial responsibility for part of the cost of the entitled person being accommodated in private accommodation in a hospital, and on the commencement of this instrument the request had not been determined, the request is to be determined, as the case requires, by reference to:
 
(a) the Treatment Principles under the Veterans’ Entitlements Act 1986; or
(b) the MRCA Treatment Principles under the Military Rehabilitation and Compensation Act 2004; or
(c) the Treatment Principles under the Veterans’ Entitlements Act 1986 (VEA Treatment Principles), in their application under the Australian Participants in British Nuclear Tests (Treatment) Act 2006; and
(d) the Treatment Principles (Australian Participants in British Nuclear Tests) 2006, under the Australian Participants in British Nuclear Tests (Treatment) Act 2006;
 
as varied by this instrument.
 
Note: although the various sets of Treatment Principles could be relevant to a request, the request would be determined under one of the sets of Private Patient Principles e.g. Repatriation Private Patient Principles.
 
In this section:
 
·         entitled person has the meaning it has in the Treatment Principles, the MRCA Treatment Principles or the Treatment Principles (Australian Participants in British Nuclear Tests) 2006, as the case requires;
·         Military Rehabilitation and Compensation Commission is the body established under section 361 of the Military Rehabilitation and Compensation Act 2004;
·         MRCA Treatment Principles means the legislative instrument of that name made by the Military Rehabilitation and Compensation Commission under section 286(1)(a) of the Military Rehabilitation and Compensation Act 2004;
·         Treatment Principles means the legislative instrument of that name made by the Repatriation Commission under section 90(1) of the Veterans’ Entitlements Act 1986;
·         Treatment Principles (Australian Participants in British Nuclear Tests) 2006 means the legislative instrument of that name made by the Repatriation Commission and comprised of modifications to the Treatment Principles under the Veterans’ Entitlements Act 1986, under section 16 of the Australian Participants in British Nuclear Tests (Treatment) Act 2006;
·         Repatriation Commission is the body continued in existence by section 179 of the Veterans’ Entitlements Act 1986.
 
 
Schedule 1
 
Veterans’ Entitlements Act 1986
Section 90(4)
 
The Treatment Principles (Instrument 2013 No. R52) is varied in accordance with Part A.
 
Note 1: s.90(4) is the variation section for the purposes of this Schedule.
Note 2: s.90(5) requires the Minister administering the Veterans’ Entitlements Act 1986 to approve a variation made to the Treatment Principles by the Repatriation Commission.
Note 3: the reference to “Part A” in Part A does not form part of the instrument in Part A.
 
 
Part A
 
Variations to the Treatment Principles
 
1.      Paragraph 1.4.1
 
insert:
 
“private health insurer” has the meaning it has in the Private Health Insurance Act 2007.
 
2.      Paragraph 3.5.3
 
omit:
 
The Commission
 
substitute:
 
Subject to paragraph 3.5.3A, the Commission
 
3.      Paragraph 3.5.3
 
after the paragraph, insert:
 
3.5.3A        Paragraph 3.5.3(a) does not apply to treatment that is private accommodation provided to an entitled person as a private patient in a hospital where a private health insurer of the person agrees to pay the difference between the cost of shared accommodation for the person at the hospital and the cost of the private accommodation for the person — the RPPPs covers such treatment.
 
Note 1: “private patient” is defined in s.90A(8) of the Act.
 
Note 2: this provision ensures paragraph 3.5.3(a) does not prohibit the Commission from accepting responsibility for part of the cost of private accommodation in a hospital where a private health insurer pays for the remainder of the cost.  
The Commission’s responsibility in this area is regulated by the RPPPs i.e. cost-sharing between the Commission and the entitled person or a private health insurer is worked out under the RPPPs.
 
 
Schedule 2
 
Military Rehabilitation and Compensation Act 2004
Section 286(2)
 
The MRCA Treatment Principles (Instrument 2013 No. MRCC53) is varied in accordance with Part A.
 
Note 1: s.286(2) is the variation section for the purposes of this Schedule.
Note 2: s.286(3) requires the Minister administering the Military Rehabilitation and Compensation Act 2004 (MRCA) to approve a variation made by the Military Rehabilitation and Compensation Commission to the MRCA Treatment Principles.
Note 3: the reference to “Part A” in Part A does not form part of the instrument in Part A.
 
Part A
 
Variations to the MCRA Treatment Principles
 
1.      Paragraph 1.4.1
 
insert:
 
“private health insurer” has the meaning it has in the Private Health Insurance Act 2007.
 
2.      Paragraph 3.5.3
 
omit:
 
The Commission
 
substitute:
 
Subject to paragraph 3.5.3A, the Commission
 
3.      Paragraph 3.5.3
 
after the paragraph, insert:
 
3.5.3A        Paragraph 3.5.3(a) does not apply to treatment that is private accommodation provided to an entitled person as a private patient in a hospital where a private health insurer of the person agrees to pay the difference between the cost of shared accommodation for the person at the hospital and the cost of the private accommodation for the person — the MPPPs covers such treatment.
 
Note 1: “private patient” is defined in s.286(7) of the Act.
 
Note 2: this provision ensures paragraph 3.5.3(a) does not prohibit the Commission from accepting responsibility for part of the cost of private accommodation in a hospital where a private health insurer pays for the remainder of the cost. 
The Commission’s responsibility in this area is regulated by the MPPPs i.e. cost-sharing between the Commission and the entitled person or a private health insurer is worked out under the MPPPs.
 
Schedule 3
 
Australian Participants in British Nuclear Tests (Treatment)Act 2006
Section 16(6)
 
The Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Instrument 2013 No. R54) is varied in accordance with Part A.
 
Note 1: s.16(2) enables the Repatriation Commission to modify the Treatment Principles made under the Veterans’ Entitlements Act 1986 in their application for the purposes of the Australian Participants in British Nuclear Tests (Treatment)Act 2006.
Note 2: s.16(6) enables the Repatriation Commission to vary or revoke modifications it has made to the Treatment Principles.
Note 3: s.16(7) of the Australian Participants in British Nuclear Tests (Treatment)Act 2006 (APBNT(T)A) requires the Minister administering the APBNT(T)A to approve a modification, variation and revocation of a modification made by the Repatriation Commission
Note 4: the reference to “Part A” in Part A does not form part of the instrument in Part A.
 
 
Part A
 
Variations to the Treatment Principles (Australian Participants in British Nuclear Tests) 2006
 
Schedule item 4 – substituted paragraph 1.4.1
 
insert:
 
“private health insurer” has the meaning it has in the Private Health Insurance Act 2007.