Veterans' Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Cth)

REPATRIATION COMMISSION

Veterans’ Entitlements Act 1986

Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010

Instrument 2010 No. R41

1.       The Repatriation Commission makes this Determination under paragraphs 88A(1)(a) and 88A(1)(b) of the Veterans’ Entitlements Act 1986 (Act).

2. For the purposes of paragraphs 88A(1)(a) and 88A(1)(b) of the Act the Repatriation Commission specifies the class of persons in Part 2 and the kind of treatment in Part 3.

Dated this              13th             day of                   October                          2010

Ian Campbell     Shane Carmody               Major General Mark Kelly AO

…………………………………………………………………………………………….

IAN CAMPBELL             SHANE CARMODY         MAJOR GENERAL MARK KELLY AO

PRESIDENT                   DEPUTY PRESIDENT              COMMISSIONER

Part 1         Introduction

1.1Name of Determination

This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010

1.2Commencement

This Determination commences, or is taken to have commenced, on 1 August 2010.

1.3Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

Commission means the Repatriation Commission.

dependant means a person described as a dependant in section 11 of the Actor in subsection 81(1) of the Act.

Gold Card has the meaning it has in the Treatment Principles.

Repatriation Commission means the body corporate continued in existence under section 179 of the Act.

Repatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.

specified class means the class of persons specified in Part 2 of this Determination.

specified treatment means treatment described in Part 3 of this Determination.

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.

veteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Actor means a person described in paragraph 81(2)(a) of the Act(as those provisions are in force from time to time).

1.4   Purpose

To specify, for the purposes of paragraphs 88A(1)(a) and 88A(1)(b) of the Actrespectively, a class of veterans and a class of veterans’ dependants and the kind of treatment a veteran and a veteran’s dependant within a relevant class is eligible to be provided under the Act.

Upon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.

Section 88A of the Actenables the Repatriation Commission to extend treatment-eligibility in the Act so that a person may be provided with treatment for any injury/disease, irrespective of whether it is service-related and may be provided with treatment where no injury/disease exists (e.g. frailty).  In the Act, eligibility for treatment is generally (but not always) dependent on whether a person’s injury/disease is service-related and is always dependent on the person suffering from an injury/disease.

Section 88A is used in the current situation to confer eligibility for treatment (vaccination) on people who are not suffering from an injury/disease that could be remedied by the treatment.  The treatment is preventive in nature.

Part 2         Specified Class of Person

1. A person who:

(a) is a veteran; and

(b) is in Australia at the time the specified treatment is provided to the veteran; and

(c) holds a Gold Card;

is eligible to be provided with the specified treatment.

2. A person who:

(a) is a dependant of a veteran; and

(b) is in Australia at the time the specified treatment is provided to the dependant; and

(c) holds a Gold Card;

is eligible to be provided with the specified treatment.

Part 3         Specified Kind of Treatment

The kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:

(a)a medical procedure or medical attendance under the Treatment Principles; and

(b)a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.