Veterans’ Entitlements (Coordinated Veterans’ Care Mental Health Pilot) Determination 2018 (Cth)

Repatriation Commission

Veterans' Entitlements (Coordinated Veterans’ Care Mental Health Pilot) Determination 2018

Instrument 2018 No. R14

The Repatriation Commission, under subsection 90AA(2) of the Veterans’ Entitlements Act 1986 makes the following instrument.

Dated this                 5^th   of              April      2018

The Seal of the   )  

Repatriation Commission              )  SEAL

was affixed hereto in the   )

presence of:   ) 

Simon Lewis   C Orme   MA Kelly

 …………………………………………………………………………………………………………………………..

 SIMON LEWIS       CRAIG ORME   MAJOR GENERAL MARK KELLY

          PSM       DSC AM CSC   AO DSC

    PRESIDENT                         DEPUTY PRESIDENT                    COMMISSIONER

1 Name

This instrument is the Veterans' Entitlements (Coordinated Veterans’ Care Mental Health Pilot) Determination 2018.

2 Commencement

This instrument commences immediately after the commencement of Schedule 3 to the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 1) Act 2018.

Note: Section 2 of the Veterans’ Affairs Legislation Amendment (Budget Measures) Act 2017 provides for Schedule 3 to that Act to commence on the 28th day after the Act receives the Royal Assent.

3 Authority

This instrument is made under subsection 90AA(2) of the Veterans’ Entitlements Act 1986.

4 Purpose

The purpose of this instrument is to determine a class of persons who will be entitled (subject to further selection by the Commission) for services under the program established by the Commonwealth and known as the Coordinated Veterans’ Care Mental Health Pilot.

Note 1:  The Commission is empowered, under paragraph 90AA(1)(b) of the Actto determine in writing that section 90AA of the Act applies to a person who falls within the class determined by this instrument. The effect of paragraph 90AA(1)(b) is to enable the Commission, by determination in writing, to select persons from the class determined by this instrument to be provided with services under the Coordinated Veterans’ Care Mental Health Pilot.

Note 2: Details of the Coordinated Veterans’ Care Mental Health Pilot can be found at:

Definitions

In this instrument:

Act means the Veterans’ Entitlements Act 1986.

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

depressive disorder means the disorder described as a depressive disorder in Statement of Principles No. 83 of 2015 (subsection 7(2)) or in Statement of Principles No. 84 of 2015 (subsection 7(2)) in force from time to time; or described as a depressive disorder in any subsequent Statement of Principles in force from time to time.

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

White Card means the Health Card known as the Repatriation Health Card – For Specific Conditions issued by the Department to indicate eligibility for funding of treatment for:

(a)   a war-caused injury or war-caused disease or a specified condition, under the Act; or

(b)     a service injury or disease under the Military Rehabilitation and Compensation Act 2004; or

(c)   a mental health condition on a non-liability health care basis.

Note: The following terms used in this instrument are defined in the Act:

Commission (s5A)

war-caused injury (s9)

defence-caused injury (s9)

6 Determined class of persons

For the purposes of paragraph 90AA(1)(a) of the Act, the following class of persons is determined:

A person who:

(a)    has ceased to be a member of the Permanent Forces; and

(b)   is an Australian resident living in Australia; and

(c)    has:

(i)a mild to moderate form of anxiety disorder or a mild to moderate form of depressive disorder; and

(ii)a chronic physical condition accompanied by pain; and

(d)   is, in the opinion of the person’s general practitioner, likely to benefit from participation in the Coordinated Veterans’ Care Mental Health Pilot; and

(e)    has been issued with a White Card.