Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004 (Cth)
Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination
Instrument 2004 No. R23 as varied
made under the
Veterans' Entitlements Act 1986
Compilation start date: 23 December 2014
Includes amendments up to: LI No. R114, 2014
About this compilation
This compilation
This is a compilation of the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination as in force on 23 December 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 5 January 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of any uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Part 1 Introduction
1.1Name of Determination
Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004.
1.2Commencement
Gazettal.
[Note: this Determination was gazetted on 22 December 2004]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 1/2000 (paragraph 2(b)) or in Statement of Principles 2/2000 (paragraph 2(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 the Act.
depressive disorder is the disorder described as a depressive disorder in Statement of Principles 58/1998 (paragraph 2(b)) or in Statement of Principles 59/1998 (paragraph 2(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.
Determination 21/2000 means the Determination made by the Repatriation Commission under section 88A of the Act entitled Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination 21/2000.
Determination 6/2004 means the Determination made by the Repatriation Commission under section 88A of the Act entitled Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination 6/2004.
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.
suffers from an anxiety disorder means where a veteran suffers from 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.
suffers from a depressive disorder means where a veteran suffers from 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 specifed 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
(a) The purpose of this determination is to enable veterans who suffer from an anxiety disorder, or from a depressive disorder, or from 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.
(b) This Determination revokes Determination 21/2000 and Determination 6/2004. Under Determination 21/2000 Vietnam veterans were eligible for treatment of anxiety/depressive disorders. Determination 21/2000 was impliedly revoked by Determination 6/2004, nevertheless this Determination expressly revokes Determination 21/2000. Under Determination 6/2004 all veterans, including Vietnam veterans, were eligible for treatment of anxiety/depressive disorders.
1.5 Savings and Transitional
(a) A person who, at the commencement of this Determination, was eligible for treatment of an anxiety disorder or a depressive disorder or both such disorders, under Determination 21/2000 or Determination 6/2004, 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.
(b)Where, before the commencement of this Determination, a veteran, pursuant to Determination 21/2000 or Determination 6/2004, requested the Commission to determine if the veteran was eligible for treatment of an apparent anxiety disorder or an apparent depressive disorder or both such disorders, and at the commencement of this Determination the Commission had not made a decision, then the Commission is to make a decision in respect of the matter under this Determination as if the veteran had requested the Commission to determine eligibility for treatment of the apparent anxiety disorder or apparent depressive disorder or both such disorders, as the case may be, under this Determination.
(c) Where, before the commencement of this Determination, the Commission, pursuant to Determination 21/2000 or Determination 6/2004, commenced an inquiry to determine if a veteran was eligible for treatment of an apparent anxiety disorder or an apparent depressive disorder or both such disorders, being an inquiry made by the Commission on its own initiative and without a request from the veteran, and at the commencement of this Determination the Commission had not made a decision as to the veteran's eligibility for treatment, then the Commission is to make a decision in respect of the matter under this Determination as if its inquiry had been commenced under this Determination.
Part 2 Eligibility for Treatment
2.1 Specified Classes of Veteran Eligible for Treatment
2.2 A veteran who suffers from an anxiety disorder is eligible to be provided with treatment of a specifed kind for that disorder.
2.3 A veteran who suffers from a depressive disorder is eligible to be provided with treatment of a specifed kind for that disorder.
2.4 A veteran who suffers from an anxiety disorder and who suffers from 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)dental treatment;
(iii)pharmaceutical benefits treatment;
(iv)treatment generally from other health providers;
(v)treatment at hospitals and institutions;
(vi)residential care treatment;
(vii)treatment by rehabilitative appliance;
(viii)respite care and supplementary assistance treatment.
____________________________________________________
Repatriation Commission
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) |
Endnote 3—Legislation history
| Number and | FRLI registration | Commencement | Application, saving and |
| 2004 No. R23 | 13 April 2005 (see F2005B01073) | 22 December 2004 | 1.5 |
| 2014 No. R114 | 22 December 2014 (see F2014L01781) | 23 December 2014 |
Endnote 4—Amendment history
| Provision affected | How affected |
| 1.1 | am. 2014 No. R114 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
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