Veterans’ Entitlements (Annual General Practitioner Health Assessment for First Five Years Post-Discharge) Determination 2019 (Cth)

Case

Repatriation Commission

Veterans’ Entitlements (Annual General Practitioner Health Assessment for First Five Years Post-Discharge) Determination 2019

Instrument 2018 No. R93

The Repatriation Commission, under paragraphs 88A (1)(a) and (d) of the Veterans’ Entitlements Act 1986, makes the following instrument.

Dated this        11th           of      April               2019

The Seal of the   )

Repatriation Commission                  )

was affixed hereto in the                   ) SEAL

presence of:     )

     )

……Elizabeth Cosson…… …………C Orme……………
ELIZABETH COSSON CRAIG ORME
AM CSC DSC AM CSC
PRESIDENT DEPUTY PRESIDENT
…………M A Kelly……………… ………D Spinks…………
MAJOR GENERAL MARK KELLY DONALD SPINKS
AO DSC AM

COMMISSIONER

COMMISSIONER

1 Name

This instrument is the Veterans’ Entitlements (Annual General Practitioner Health Assessment for First Five Years Post-Discharge) Determination 2019.

2 Commencement

This instrument commences on 1 July 2019.

3 Authority

This instrument is made under paragraphs 88A (1)(a) and (d) of the Veterans’ Entitlements Act 1986.

4 Purpose

The purpose of this instrument is to enable persons within a class specified in section 6 to receive treatment consisting of one comprehensive health assessment by a general practitioner during each 12 month period of the person’s five year health assessment period.

Note 1: A person’s comprehensive health assessment by a general practitioner during each 12 month period of the person’s five year health assessment period is in addition to any other health assessment available to the person as a client of the Department of Veterans’ Affairs.

Note 2: Health assessment period is defined in section 5.

5 Definitions

In this instrument:

Act means the Veterans’ Entitlements Act 1986.

health assessment period for a person means the period of five years starting on the day on which the person ceases to be a member of the Permanent Forces or the Reserves.

Note: A person over time may have more than one health assessment period.

Permanent Forces has the same meaning as in the Defence Act 1903.

Reserves has the same meaning as in the Defence Act 1903.

Note: The term ‘continuous full-time service’ is defined in section 5C(1) of the Act.

6 Specified class

For paragraphs 88A(1)(a) and (d) of the Act, the specified class is a person who:

(a)   has rendered at least one day of continuous full-time service; and

(b)   on or after 1 July 2019, ceases to be a member of the Permanent Forces or the Reserves.

7 Specified kind of treatment

A person who is in the specified class in section 6 is eligible to be provided with treatment under Part V of the Act consisting of one comprehensive health assessment by a general practitioner during each 12 month period of the person’s health assessment period.

Note: The Treatment Principles under section 90 of the Act, the Repatriation Private Patient Principles under section 90A of the Actand the Repatriation Pharmaceutical Benefits Scheme under section 91 of the Actapply to any treatment provided.

Example: Emily has rendered 21 days of continuous full-time service during her two years as a member of the Reserves. She ceases to be a member of the Reserves on 1 July 2019. Emily is eligible to be provided with one comprehensive health assessment by a general practitioner in each of the twelve month periods during her five year health assessment period.

On 1 January 2026, Emily joins the Permanent Forces. However, she is subject to disciplinary action and leaves the Permanent Forces on 1 July 2028. Emily is eligible to be provided with one comprehensive health assessment by a general practitioner during each twelve month period of her second five year health assessment period.

8 Eligibility for specified treatment ceases in certain circumstances

  1. If a person who has been a member of the Permanent Forces re-joins the Permanent Forces or joins the Reserves during his or her health assessment period, the person, upon re-joining the Permanent Forces or joining the Reserves, ceases to be eligible for treatment under this instrument for the remainder of his or her health assessment period.

  1. If a person who has been a member of the Reserves re-joins the Reserves or joins the Permanent Forces during his or her health assessment period, the person, upon re-joining the Reserves or joining the Permanent Forces, ceases to be eligible for treatment under this instrument for the remainder of his or her health assessment period.

  1. However, a person’s eligibility for treatment under this instrument is not affected if he or she is automatically transferred to the Reserves upon ceasing to be a member of the Permanent Forces.

Example: Peter ceases to be a member of the Permanent Forces on 1 September 2019 and is automatically transferred to the Reserves for a minimum of five years. He is eligible to be provided with one comprehensive health assessment by a general practitioner in each of the twelve month periods during his five year health assessment period.

After 18 months Peter has used two of his health assessments and he re-joins the Permanent Forces. On re-joining the Permanent Forces, he ceases to be eligible for the three remaining comprehensive health assessments during his health assessment period.

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