Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination (Cth)

Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination

Veterans' Entitlements Act 1986
Instrument 2015 No. R13
________________________________________________________________________________________

The REPATRIATION COMMISSION makes this instrument under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986.

Dated this      6th                  day of             August   2015

Seal

Simon Lewis   Craig Orme
……………………………………………………………………………

SIMON LEWIS    CRAIG ORME   

                 AM CSC
   PRESIDENT                DEPUTY PRESIDENT

Part 1        Introduction

1.1Name of Determination

This determination is the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination.

1.2Commencement

This instrument commences on the day after registration.

1.2A  Revocation

The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004 is revoked.

1.3Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

anxiety disorder is the disorder described as an anxiety disorder in Statement of Principles No.102/2014 (paragraph 3.(b)) or in Statement of Principles No. 103/2014 (paragraph 3.(b)), in force from time to time; or as described as an anxiety disorder in any subsequent Statement of Principles in force from time to time.

appropriately qualified person means:

(a) a general practitioner; or

(b) a clinical psychologist; or

(c) a psychiatrist.

Commission means the Repatriation Commission.

clinical psychologist has the meaning given by paragraph 1.4.1 of the Treatment Principles.

Department has the meaning it has in subsection 19A(3) of the Acts Interpretation Act 1901 in force from time to time.

depressive disorder is the disorder described as a depressive disorder in Statement of Principles No.27/2008 (paragraph 3.(b)) or in Statement of Principles No.28/2008 (paragraph 3.(b)), in force from time to time; or as described as a depressive disorder in any subsequent Statement of Principles in force from time to time.

former determination means the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004 (as varied).

general practitioner has the meaning given by paragraph 1.4.1 of the Treatment Principles.

request includes a written communication and a request may be in electronic form.

Repatriation Commission is the body corporate defined in section 179 of the Act.

Repatriation Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act, in force from time to time, that set out the circumstances in which treatment provided by the Commission to veterans or their dependants is to be provided to them as private patients.
Note: “private patient” is referred to in subsection 90A(8) of the Act.

service-related condition means a “war-caused injury” or a “war-caused disease” or a “defence-caused injury” or a “defence-caused disease”, as the case may be, as those terms are defined in the Act.
Note: for definitions of the terms see subsection 5D(2), section 9 and section 70 of the Act.

Statement of Principles means a "Statement of Principles" determined by the Repatriation Medical Authority under subsection 196B(2) of the Act.

has an anxiety disorder means where a veteran has a disorder that, in the opinion of the Commission (which opinion is to be formed only after considering the diagnosis of the veteran by an appropriately qualified person), is an anxiety disorder.

has a depressive disorder means where a veteran has a disorder that, in the opinion of the Commission (which opinion is to be formed only after considering the diagnosis of the veteran by an appropriately qualified person), is a depressive disorder.

treatment of a specified kind means the treatment described in Part 3 of this Determination.

Treatment Principles means the document, in force from time to time, prepared by the Repatriation Commission under section 90 of the Act, that sets out the circumstances in which, and the conditions subject to which, treatment may be provided to veterans or their dependants.

veteran means:

(a) a person described in paragraph (a) of the definition of “veteran” in subsection 5C(1) of the Act; or

(b) a person who is a “member of the Forces” as defined in subsection 68(1) of the Act; or

(c) a person who is a “member of a Peacekeeping Force” as defined in subsection 68(1) of the Act.

Note: veteran does not include a Commonwealth veteran, an allied veteran or an allied mariner.

1.4     Purpose

The purpose of this determination is to enable veterans who have an anxiety disorder, or a depressive disorder, or both disorders, to receive treatment for those disorders under Part V of the Act irrespective of whether the anxiety disorder or depressive disorder is a service-related condition.

1.5     Transitional

If, immediately before the commencement of this Determination, a person was eligible for treatment of an anxiety disorder or a depressive disorder or both such disorders under the former determination, then upon the commencement of this Determination, the person is taken to be eligible for treatment of any such disorder or disorders under this Determination as if eligibility for treatment arose from this Determination.

Part 2        Eligibility for Treatment

2.1       Specified Classes of Veteran Eligible for Treatment

2.2        A veteran who has an anxiety disorder is eligible to be provided with treatment of a specified kind for that disorder.

2.3        A veteran who has a depressive disorder is eligible to be provided with treatment of a specified kind for that disorder.

2.4        A veteran who has an anxiety disorder and who has a depressive disorder is eligible to be provided with treatment of a specified kind for both disorders.

2.5       The potential eligibility of a veteran for treatment of a specified kind pursuant to this Determination may be considered by the Commission as a result of a request to the Department from the veteran or as a result of the Commission's own inquiry.

2.6      As soon as practicable after receiving a request, or completing an inquiry, as mentioned in section 2.5, the Commission is to decide if the veteran who may be eligible for treatment of a specified kind pursuant to this Determination is or is not eligible for that treatment.

2.7Upon making its decision under section 2.6, then in the case where the Commission received a request from the veteran, as mentioned in section 2.5, the Commission is to notify the veteran of its decision as soon as practicable after it is made.  In the case where the Commission conducts an inquiry, as mentioned in section 2.5, and decides under section 2.6 that a veteran is eligible for treatment of a specified kind, then the Commission is to notify the veteran of that decision as soon as practicable after it is made.

2.8      Where, pursuant to a request from a veteran under section 2.5, the Commission decides the veteran is eligible for treatment of a specified kind pursuant to this Determination, eligibility is effective from and including the date that is 3 months before the date on which the request from the veteran was received at an office of the Department in Australia.

2.9      Where, pursuant to an inquiry commenced by the Commission under section 2.5 in respect of a veteran, the Commission decides the veteran is eligible for treatment of a specified kind pursuant to this Determination, eligibility is effective from and including the date that is 3 months before the date on which the Commission commenced its inquiry.

Note: although a veteran may be eligible for treatment of a specified kind pursuant to this Determination, entitlement to the treatment is subject to the conditions set out in the Treatment Principles, the Repatriation Private Patient Principles and in any arrangements entered into by the Commission under Part V of the Act.

Part 3        Treatment of a Specified Kind

3.1Kind of treatment veteran within specified classes is eligible to receive

3.2For the purposes of this Determination treatment of a specified kind is treatment available under, and subject to:

(1)the Treatment Principles;

(2)the Repatriation Private Patient Principles; and

(3) arrangements between the Repatriation Commission and health care providers pursuant to Part V of the Act;

being treatment that includes the following:

(i)medical treatment;

(ii)pharmaceutical benefits treatment;

(iii)treatment from mental health professionals;

(iv)treatment at hospitals and institutions;

(v)residential care treatment;

(vi)respite care and supplementary assistance treatment.