Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017 (Cth)
Repatriation Commission
Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017
Instrument 2017 No. R24
| The Repatriation Commission, under subsection 88A(2) and paragraphs (a) and (d) of subsection 88A(1) of the Veterans’ Entitlements Act 1986 (the Act) makes the following instrument. Dated this 8th day of June 2017 The Seal of the ) Repatriation Commission ) was affixed hereto in the ) SEAL presence of: ) Simon Lewis C Orme MA Kelly ………………………………………………………………………………………………………………………….. SIMON LEWIS CRAIG ORME MAJOR GENERAL MARK KELLY DSC AM CSC AO DSC PRESIDENT DEPUTY PRESIDENT COMMISSIONER |
Part 1-Introduction
1 Name
This instrument is the Veterans' Entitlements (Expanded Access to Non-Liability Health Care for Mental Health Treatment) Determination 2017.
2 Commencement
This instrument commences, or is taken to have commenced, on 1 July 2017.
3 Authority
This instrument is made under paragraphs 88A(1)(a) and (d) of the Act.
4 Revocation
The Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No.R34) is revoked.
5 Purpose
The purpose of this instrument is to enable persons within a class specified in Part 2 to receive treatment for a mental health condition irrespective of whether the mental health condition is linked to the person’s military service.
Note: The Repatriation Commission is to provide, arrange or accept financial responsibility for treatment for a mental health condition for a person in a class specified in Part 2 of this instrument in accordance with paragraph 2.5A of the Treatment Principles.
6 Transitional
An application or request for treatment for a specified mental health condition made under the revoked instrument that has not been finalised on commencement of this instrument may be completed under this instrument as if it were a request for treatment for a mental health condition made under this instrument.
7 Definitions
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
mental health condition – see section 8.
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.
revoked instrument means the Veterans’ Entitlements (Extension of Non-Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No.R34).
Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.
veteran has the same meaning as it has for the purposes of Part V of the Act as set out in sections 80 and 81 of the Act.
Note (1): In sections 80 and 81 of the Act, “veteran” means a person:
(a)who is, because of section 7 of the Act, taken to have rendered eligible war service; or
(b)in respect of whom a pension is, or pensions are, payable under subsection 13(6) of the Act, other than a person who is a veteran under paragraph (a) by reason only that the person rendered service as a member of the Forces of a Commonwealth country of a kind described in paragraphs 6(1)(f) or (g) of the Act and was not domiciled in Australia or an external Territory immediately before the person’s appointment or enlistment in those forces.
Section 81 of the Actprovides that “veteran” is also to be read as a reference to a “member of the Forces” or a “member of a Peacekeeping Force” as defined in subsection 68(1) of the Act.
Note (2): Other expressions used in this instrument are defined in the Act, including the following:
(a)continuous full-time service (s.5C(1))
(b)Defence Force (s.5C(1))
(c)member of the Defence Force (s.5C(1); s.5C(2))
8 Meaning of mental health condition
In this instrument:
mental health condition means a mental disorder that could be assessed and diagnosed by a mental health professional in accordance with recognised criteria for such assessment and diagnosis.
In this section:
mental health professional means a person who is:
(a) a medical practitioner (whether a general practitioner or a psychiatrist) who is registered with the Australian Health Practitioner Regulation Agency to practise as a medical practitioner; or
(b) a psychologist who is registered with the Australian Health Practitioner Regulation Agency to practise as a psychologist and who holds a post-graduate qualification in clinical psychology.
Note: Medical reference resources used by Australian mental health professionals in the assessment and diagnosis of mental disorders include DSM-5 (fifth edition of the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders) and Chapter V of ICD-10-AM (the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification).
Part 2-Specified classes of person
9 Veterans
For paragraph 88A(1)(a) of the Act, the following class of person is specified:
A veteran who makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.
10 Past and current members of the Defence Force
For paragraph 88A(1)(d) of the Act, the following class of person is specified:
A person (other than a person who is covered by paragraphs (a), (b) or (c) of section 88A of the Act) who:
(a) is, or has been, a member of the Defence Force rendering continuous full-time service; and
(b) makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.
11 Making a request for treatment
A request for treatment under this Part may be made in writing, in person or by phone call.
A request that is made in writing may be lodged electronically in a manner, and to an electronic address, that is approved for the electronic transmission of applications under subsection 85(2) of the Actby the Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016, as in force on 1 July 2017.
A request in writing that is lodged electronically in accordance with subsection (2) is taken to be received at an office of the Department in Australia on the day on which it is received at the approved electronic address.
Note: The Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016 approves the electronic lodgement of applications under subsection 85(2) of the Actvia fax, via internet, and via email to the approved email address: [email protected].
12 Backdating of treatment
A person who is within a class specified in Part 2 of this instrument is eligible to be provided with treatment of the 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 date is no earlier than 1 July 2017.
However, nothing in subsection (1) affects an entitlement of a person who is within a class specified in Part 2 of the revoked instrument to backdating of treatment for the full 3 months (even if that backdating is to a date that is earlier than 1 July 2017).
Part 3 - Specified treatment
13 Treatment
For each class of persons specified in Part 2 of this instrument, the following kind of treatment is specified:
Treatment that can be applied to a mental health condition as the case may be, under, and subject to:
(a)the Treatment Principles; or
(b)the Repatriation Pharmaceutical Benefits Scheme; or
(c)the Repatriation Private Patient Principles; or
(d)an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.
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