Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination No.2 2019 (Cth)

Repatriation Commission

Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination No.2 2019

Instrument 2019 No. R37

The Repatriation Commission, under subsection 88A(2) of the Veterans’ Entitlements Act 1986, makes the following instrument.

Dated this     11^th      of     July     2019

The Seal of the   )

Repatriation Commission   )

was affixed hereto in the   ) SEAL

presence of:   )

   )

……Elizabeth Cosson……	……Craig Orme……
ELIZABETH COSSON	CRAIG ORME
AM CSC	DSC AM CSC
PRESIDENT	DEPUTY PRESIDENT
……D Spinks……
DONALD SPINKS
AM
COMMISSIONER

1 Name

This instrument is the Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination No.2 2019.

2 Commencement

(1)   Subject to subsection (2), this instrument is taken to have commenced on 1 July 2019.

(2)   Item 6 of the Schedule is taken to have commenced on 1 July 2017 immediately after the commencement of the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017.

3 Authority

This instrument is made under subsection 88A(2) of the Veterans’ Entitlements Act 1986.

4 Variation of Instrument

The Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 is varied as set out in the items in the Schedule to this instrument.

Schedule

Variations to the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017

1 Section 4

Omit:

“Provisional treatment is available in respect of claims made on or after 1 July 2017 and before 1 July 2019 for a 2-year trial period from 1 July 2017 to 30 June 2019.

Entitlement to provisional treatment for a specified condition under this instrument will however cease on the making of a determination at primary level, or on application for review or appeal, to refuse liability for the claim in respect of the specified condition.”

Substitute:

“Provisional treatment is available in respect of claims made on or after 1 July 2017 and before 1 April 2020.

Entitlement to provisional treatment for a specified condition under this instrument will however cease in the circumstances set out in subsections 9(2),(3),(4) and (5).”.

2  Paragraph 7(1)(a)

Omit “1 July 2019”, substitute “1 April 2020”.

3  Subparagraph 7(1)(d)(ii)

Omit “1 July 2019”, substitute “1 April 2020”.

4  Paragraph 8(a)

Omit “1 July 2019”, substitute “1 April 2020”.

5  Paragraph 9(1)(c)

Omit the paragraph, substitute:

(c)        is provided within the trail period from 1 July 2017 to 30 June 2020.

6  Subsection 9(2)

Omit the subsection, substitute:

1. Entitlement of a person to treatment for a specified condition under this instrument ceases on the making of a determination at primary level to accept liability in respect of the specified condition.

1. Subject to subsection (4), entitlement of a person to treatment for a specified condition under this instrument ceases on the making of a determination at primary level to refuse liability in respect of the specified condition.

1. Subsection (3) does not apply if an application for review or appeal is made in relation to the determination at primary level to refuse liability in respect of the specified condition.

1. However, entitlement to treatment for a specified condition under this instrument ceases on the making of a decision on review or appeal referred to in subsection (4) if the decision, or the effect of the decision, is to accept or refuse liability in respect of the specified condition.