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Veterans' Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007 R32/2007

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REPATRIATION COMMISSION
 
Veterans’ Entitlements Act 1986
 
 
Veterans’ Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007
 
Instrument No. R32/2007
 
 
The Repatriation Commission makes this Determination under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986.
 
 
 
 
 
Dated                    7 January 2008                                                       2007
 
 
 
 
 
 
 
Mark Sullivan……………………Ed Killesteyn………….……………....W Rolfe
MARK SULLIVAN                ED KILLESTEYN                           W ROLFE
PRESIDENT                          DEPUTY PRESIDENT                   COMMISSIONER
 
 
 
 
 
 
Part 1         Introduction
 
1.1             Name of Determination
 
This Determination is the Veterans’ Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007.
 
1.2             Commencement
 
This Determination commences on the date it is registered on the Federal Register of Legislative Instruments.
 
1.3             Definitions
 
In this Determination:
 
ACPMH means the Australian Centre for Posttraumatic Mental Health Incorporated.
 
Act means the Veterans’ Entitlements Act 1986.
 
Australian Centre for Posttraumatic Mental Health means the Australian Centre for Posttraumatic Mental Health Incorporated.
 
ACPMH treatment means action taken pursuant to the Treatment Principles with a view to maintaining an eligible veteran in mental health and includes:
(a)        training members of the Defence Force or staff made available under section 196 of the Act, or both, in the mental health care disciplines that could benefit the mental health of an eligible veteran; and
(b)       conducting research into mental injuries or diseases suffered by members of the Defence Force or into the mental state generally of such members with the resulting knowledge being applied to the benefit of the health of an eligible veteran; and
(c)        improving communication on mental injury or disease health care matters between:
(i)                  members of the Defence Force who are staff-managers; and
(ii)                staff made available under section 196 of the Act; and
(iii)               an eligible veteran; and
(d)       conducting mental injury or disease health care policy research with the outcomes of that research being applied to the benefit of the health of an eligible veteran.
Note (1): under subsection 80(1) of the Act treatment can be action taken with a view to maintaining a person in physical or mental health.
Note (2): the terms “member”, “Defence Force”, “member of the Defence Force”, are defined in the Act.
 
disease has the same meaning as in subsection 5D(1) of the Act.
 
eligible veteran means a veteran who is eligible for ACPMH treatment by virtue of this Determination.
 
injury has the same meaning as in subsection 5D(1) of the Act.
 
Repatriation Commission means the body described in section 179 of the Act.
 
specified treatment means treatment described in Part 3.
 
Treatment Principles means the legislative instrument made by the Repatriation Commission under section 90 of the Act.
 
veteran means a person who is a veteran under Part V of the Act.
 
Note: "veteran" under Part V of the Act includes a member of the Forces and a member of a Peacekeeping Force.
 
1.4   Purpose
 
The purpose of this Determination is to make a veteran eligible for ACPMH treatment without the veteran needing to satisfy the established grounds for eligibility for treatment e.g. that the veteran has a war-caused condition.  Further, this determination enables ACPMH treatment to be provided to an eligible veteran without the treatment needing to be applied to any particular injury or disease of the veteran.  The aim of ACPMH treatment is to maintain eligible veterans in physical and mental health.  ACPMH treatment may be provided under the auspices of the Australian Centre for Posttraumatic Mental Health.
 
Part 2         Eligibility for Treatment - Specified Class of Veterans Eligible for Specified Treatment 
 
2.1       For the purposes of paragraph 88A(1)(a) of the Act, the specified class of veteran is:
 
·        a veteran as defined in paragraph 80(2)(c) of the Act.
 
Note (1): the effect of this provision is that a veteran is eligible for ACPMH treatment without needing to suffer from a war-caused or defence-caused injury or disease and without needing to suffer from any injury or disease at all.
 
Note (2):"treatment" under subsection 80(1) of the Act is very broad and
includes action taken with a view to maintaining a person in physical or mental health.
 
                     Part 3       Specified Treatment - Kind of Treatment Veteran Within Specified Class is Eligible to Receive
 
3.1              For the purposes of paragraph 88A(1)(a) of the Act and this Determination  "treatment of a specified kind" is:
 
·        ACPMH treatment