MRCA Treatment Principles (Miscellaneous Amendments) Instrument 2013 (No. MRCC 7/2013)

Administered by Department of Veterans' Affairs

Legislation au F2013L01060 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

MRCA Treatment Principles (Miscellaneous Amendments) Instrument 2013

 

EMPOWERING PROVISION

 

Subsection 286(3) of the Military Rehabilitation and Compensation Act 2004 (the Act or MRCA).

 

PURPOSE

 

The attached instrument (2013 No. MRCC 7 amends the MRCA Treatment Principles.  The MRCA Treatment Principles is a legislative instrument made under subsection 286(3) of the Act and sets out the circumstances in which the Military Rehabilitation and Compensation Commission (the Commission) may accept financial liability for treatment provided to entitled persons (members of the Defence Force (including former members) or their dependants).

 

The purpose of the attached instrument is to implement the following measures:

 

Statutory Registration for Optical Dispensers 

 

This would mean that the terms normally contained in the individual contracts the Department of Veterans’ Affairs (DVA) has with Optical Dispensers would be set out in the MRCA Treatment Principles thereby reducing the red tape/administrative burden on Optical Dispensers and DVA involved in contract renewal/contract management. 

 

Further Optical Dispensers are now required to have a provider number allocated by the Chief Executive Medicare as a condition of providing visual aids to entitled persons.  A provider number is used to identify the practitioner and the places where the practitioner practices.

 

The combination of replacing contractual terms with legislative requirements (in the MRCA Treatment Principles) and requiring Optical Dispensers to have a provider number constitutes “statutory registration” with DVA.

 

Statutory Registration will only apply to “new” Optical Dispensers i.e. providers who do business with DVA after the attached instruments are made.  Optical Dispensers who were already contracted to DVA will not be covered by Statutory Registration (less upheaval) and will continue to provide services to DVA under their existing contracts albeit the contracts will no longer have an end date of 30 June 2013 and will be extended indefinitely.

Removing the prohibition on payment for overseas vaccinations.

 

The MRCA Treatment Principles prohibited the Military Rehabilitation and Compensation Commission from accepting financial responsibility for vaccinations for Gold Card holders intending to travel overseas (i.e. clients eligible for treatment of any injury or disease).

 

However a vaccination could be a cost-effective preventive health care measure.  In 2010 the Repatriation Commission agreed to a similar proposal for Gold Card holders under the Veterans’ Entitlements Act 1986 but the proposal was not extended to MRCA Gold Card holders because of the legal difficulty in implementing the measure (as special assistance under MRCA). 

 

A vaccination cannot be provided as treatment under the MRCA Treatment Principles because it is not applied to any injury or disease.  Accordingly DVA can only pay for vaccinations for MRCA Gold Card holders as “special assistance.

 

The MRCA is in the process of being amended to enable DVA to pay for vaccinations for MRCA Gold Card holders more easily (as special assistance) and the removal of the prohibition in the MRCA Treatment Principles on payment for vaccinations for MRCA clients travelling overseas is a precursor to enabling the payment to be made as special assistance under the MRCA.

 

Removing the need for prior financial authorisation for certain Rehabilitation items

 

Rehabilitation items may be supplied by relevant providers to DVA clients.  Some items may only be supplied if DVA’s prior approval is obtained.  This requirement is in a document entitled the “RAP National Schedule of Equipment” which is incorporated-by-reference into the MRCA Treatment Principles.  The requirement has been removed from the RAP National Schedule of Equipment in respect of certain items and the revised version of the document has been incorporated into the MRCA Treatment Principles by the attached instrument.

 

Removing parallel household/attendant service for MRCA clients under MRCA HomeCare Proposal.

 

A recommendation of the MRCA Review (Report of the Review of Military Compensation Arrangements) accepted by the Government is that where a client is eligible to be both compensated for household services under section 214 of the Military Rehabilitation and Compensation Act 2004 and receive domestic assistance and home and garden maintenance under the [MRCA] Treatment Principles, the person should only receive the compensation payable under section 214; and where a client is eligible to be both compensated for attendant care under section 217 of the MRCA and receive personal care under the [MRCA] Treatment Principles, the person should only receive the compensation payable under section 217.

 

The attached “MRCA instrument” implements this recommendation.

 

Minor & Technical Amendments

 

In November 2012 the MRCA Treatment Principles were amended to remove the prohibition on an otherwise eligible person receiving Coordinated Veterans Care if the person was also receiving a community aged care package.  Unfortunately the Notes for Coordinated Veterans’ Care ( a document incorporated-by-reference into the MRCA Treatment Principles) also referred to the prohibition and were not amended at the time of the amendments to the MRCA Treatment Principles.  This anomaly is rectified by the attached instrument.  It incorporates a revised version of the Notes (with the prohibition omitted) into the MRCA Treatment Principles.

 

Drafting type amendments were also made by the attached instrument.

 

CONSULTATION

 

Yes.

 

For the Statutory Registration for Optical Dispensers Proposal DVA consulted the Optometrists Association of Australia; Australian Dispensing Opticians Association; Luxottica Retail; and Royal Australian and New Zealand College of Ophthalmologists via their representation on the DVA Optical Advisory Committee.

 

For the Removing the need for prior financial authorisation for certain RAP Items Proposal DVA consulted representatives of key industry bodies (medical, occupational therapy, physiotherapy, nursing) through their membership of the DVA RAP Reference Committee. 

 

For the Removing parallel household/attendant service for MRCA clients under MRCA HomeCare Proposal; in the course of the MRCA Review (which generated the proposal) there was general consultation with the Veteran and Defence Community via Australian Defence Force base public meetings, a dedicated WebPage, Ex Service Organisation working party meetings and correspondence.

 

No.

 

For the Removing the prohibition on payment for overseas vaccinations Proposal there was no consultation with interested parties because the measure is benevolent and interested parties could be expected to agree with it.

 

For the Making Minor & Technical Amendments Proposal there was no consultation with interested parties because the measure is minor and technical and has no impact on providers or clients.

 

RETROSPECTIVITY

 

Parts of the attached instrument could commence before registration.  If that occurs subsection 12(2) of the Legislative Instruments Act 2003 (legislative instrument of no effect if it takes effect before registration and disadvantages a person or imposes liabilities on a person) would not be contravened because the instrument does not disadvantage any person or impose a liability on any person (except the Commonwealth).

 

DOCUMENTS INCORPORATED-BY-REFERENCE

 

Yes.

 

The following non-legislative documents in force on 14 January 2013, or 1 June 2013, as the case requires, are incorporated into the MRCA Treatment Principles:

 

 1. Notes for Local Medical Officers (paragraph 1.4.1);

 

2. Department of Veterans’ Affairs Fee Schedules for Medical Services (paragraph 3.5.1);

 

3. Notes for Allied Health Providers (paragraphs 3.5.1 and 7.1A.1);

 

4. Optometrist Fees for Consultation (paragraph 3.5.1);

 

5. DVA Schedule of Fees Orthoptists (paragraph 3.5.1);

 

6. Pricing Schedule for visual aids (paragraph 3.5.1);

 

7. The fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (commonly known as DSM-IV) (paragraph 2.4.2A);

 

8. Fee Schedule of Dental Services for Dentists and Dental Specialists (paragraph 3.5.1);

 

9. Fee Schedule of Dental Services for Dental Prosthetists (paragraph 3.5.1);

 

 10. Chiropractors Schedule of Fees (paragraph 3.5.1);

 

11. Diabetes Educators Schedule of Fees (paragraph 3.5.1);

 

12. Dietitians Schedule of Fees (paragraph 3.5.1);

 

13. Exercise Physiologists Schedule of Fees (paragraph 3.5.1);

 

14. Occupational Therapists Schedule of Fees (paragraph 3.5.1);

 

15. Osteopaths Schedule of Fees (paragraph 3.5.1);

 

16. Physiotherapists Schedule of Fees (paragraph 3.5.1);

 

17. Psychologists Schedule of Fees (paragraph 3.5.1);

 

18. Podiatrists Schedule of Fees (paragraph 3.5.1);

 

19. Social Workers Schedule of Fees (paragraph 3.5.1);

 

20. Clinical Counsellors Schedule of Fees (paragraph 3.5.1);

 

21. Speech Pathologists Schedule of Fees (paragraph 3.5.1);

 

22. Australian Government Department of Veterans’ Affairs Classification System and Schedule of Item Numbers and Fees — Community Nursing Services (paragraph 6A.4.2(b));

 

23. Notes for Coordinated Veterans' Care Program Providers (Part 6A);

 

24. Rehabilitation Appliances Program (RAP) National Guidelines (paragraph 11.2A.1);

 

25. RAP National Schedule of Equipment (paragraph 11.2A.1);

 

26. Veterans and Veterans Families Counselling Services (VVCS) Outreach Program Counsellors (OPC) Provider Notes (paragraph 1.4.1 and 7.1A.1);

 

27. Veterans and Veterans Families Counselling Service (VVCS) Outreach Program Counsellors (OPC) Schedule of Fees (paragraph 3.5.1);

 

28. General information about VVCS – Veterans and Veterans  Families Counselling Service (paragraph 1.4.1);

 

29. Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative

 

http://www.health.gov.au/internet/mentalhealth/publishing.nsf/Content/better-access-through-mbs-1;

 

At the time the attached instrument was made, all the documents except:

 

  • the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders; and
  • the Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative;

 

were available on the DVA Web Page:

 

http://www.dva.gov.au/

 

At the time the attached instrument was made, all the documents except the “Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative” were available, or could be made available, at:

 

Department of Veterans’ Affairs (ACT Office), Lovett Tower, 13 Keltie St, Woden ACT 2606 / GPO Box 9998 Woden ACT 2606. 

Tel.no:(02) 6289 6243.

 

Any State or Territory Office of the Department of Veterans’ Affairs:

Tel.no: 133 254.

At the time the attached instrument was made the document “Better Access to Psychiatrists, Psychologists & General Practitioners through the Medical Benefits Schedule Initiative” was available on the Internet:

 

http://www.health.gov.au/internet/mentalhealth/publishing.nsf/Content/better-access-through-mbs-1

 

HUMAN RIGHTS STATEMENT

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

The attached legislative instrument does engage an applicable right or freedom.  It relates to the Right to Health contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.

The Right to Health is the right to the enjoyment of the highest attainable standard of physical and mental health.  The UN Committee on Economic Social and Cultural Rights has stated that health is a fundamental human right indispensable for the exercise of other human rights.  Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.

The attached legislative instrument engages with, and promotes, the Right to Health. 

 

The instrument could benefit the health of the relevant DVA clients by enabling the clients to be provided with certain rehabilitation items more quickly (by removing the need for suppliers to obtain DVA’s prior approval before supplying the items) and

 

The instrument does reduce the availability of a health service, namely household-type services and personal care type-services under the MRCA Treatment Principles where the person eligible for such services is also eligible for similar services under the MRCA.  The instrument provides that in this situation the person is only eligible for the services under the MRCA. 

 

The aim of the instrument in this regard is not to diminish a health service per se but remove the potential for double-servicing and thereby protect the public revenue (which would mean more money is available for the health needs of a greater number of people).

 

Conclusion

 

The attached legislative instrument is considered to be compatible with the human right to health because it could enable certain members of the community to receive treatment services more quickly.

 

Warren Snowdon

Minister for Veterans’ Affairs

Rule-Maker

 

 

FURTHER EXPLANATION

 

Attachment A.

 

 

 

 

 

 

 

 

 


Attachment A

 

Items    Explanation

 

[1] sets out the name of the instrument.

 

[2] provides that, generally, the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments but that, specifically:

 

  • Part 1 of the Schedule (Optical Dispenser Amendments) commences, or is taken to have commenced, on 1 July 2013.

 

  • Section [3] and Part 4 (both items are related to the MRCA Home Care Program Amendments) commence on 1 July 2013.

 

  • Part 5 of the Schedule (Rehabilitation and Appliance Program Amendments) is taken to have commenced on 14 January 2013.

 

  • Part 6 of the Schedule (Coordinated Veterans’ Care Program Amendments) commences, or is taken to have commenced, on the day after section [1] commences.

 

[3] expresses a “contrary intention” for the purposes of paragraph 7(2)(c) of the Acts Interpretation Act 1901 (accrued rights) by providing that if, immediately before 1 July 2013, a person was eligible for household services under the MRCA and Domestic Assistance or Home and Garden Maintenance under the MRCA Treatment Principles or was eligible for attendant care services under the MRCA and Personal Care under the MRCA Treatment Principles, then on and after 1 July 2013 the person is only eligible for household services under the MRCA or attendant care services under the MRCA, as the case may be, and is not eligible for Domestic Assistance or Home and Garden Maintenance or Personal Care, as the case may be.

 

[4] ensures that optical dispensers who were contracted to DVA etc immediately before the amendments in Part 1 of the Schedule commenced are covered by the MRCA Treatment Principles in force immediately before the commencement of Part 1 and are not covered by the MRCA Treatment Principles as amended by Part 1.

 

This provision is necessary because “old” optical dispensers who did business with DVA will still have contracts with DVA and some provisions in the “old MRCA Treatment Principles” applied to contracted optical dispensers whereas no new contracts with optical dispensers will be entered into by DVA and instead “new” optical dispensers will be covered by “statutory registration” under the MRCA Treatment Principles which is not contract-based.

Schedule

 

Part 1 Optical Dispenser Amendments

 

1. is a definition section. 

The term “ABN (Australian Business Number)” is given the meaning it has in the A New Tax System (Australian Business Number) Act 1999.

 

The term “optical dispenser”, in the case of an individual, is defined to mean a person who:

 

  • interprets optical prescriptions and fits and services optical appliances such as spectacle frames and lenses; and

 

  • holds a qualification that, in the opinion of the Repatriation Commission, is appropriate for the skills needed to practise optical dispensing; and

 

  • is a member of a body established to supervise the occupation of optical dispenser; and

 

  • holds a provider number as an optometrist, ophthalmologist, orthoptist or optical dispenser.

 

A provider number is a number allocated by the Chief Executive Medicare that enables a practitioner to be identified and the places where the practitioner practises.

 

The term “optical dispenser”, in the case of a company, is defined to mean a company that:

 

  • holds an ABN (Australian Business Number);

 

  • carries on a business of optical dispensing;

 

  • employs or engages for the optical dispensing aspects of the business — an individual who is an optical dispenser.

 

The term “optical dispensing” is defined to mean interpreting optical prescriptions and fitting and servicing optical appliances such as spectacle frames and lenses.

 

2. substitutes a new 3.2.1(s).  The new provision does not contain the former requirement for optical product dispensers to seek the prior approval of the Military Rehabilitation and Compensation Commission if they propose to supply a visual aid to an entitled person and the supply of the aid is not permitted under the arrangement between DVA and the optical product dispenser.

 

Because “new” optical dispensers who do business with DVA will no longer be contracted to DVA, the mention of arrangement in 3.2.1(s) is no longer appropriate.

 

New paragraph 3.2.1(s) now has the effect that the prior approval of the Military Rehabilitation and Compensation Commission is required if an optometrist or an optical dispenser proposes to supply a visual aid to an entitled person and the visual aid:

 

  • is not available to the entitled person under the DVA document entitled “Pricing Schedule for Visual Aids”, in force on the date in Schedule 1 of the MRCA Treatment Principles; or

 

  • is available to the entitled person under the DVA document entitled “Pricing Schedule for Visual Aids”, in force on the date in Schedule 1 of the MRCA Treatment Principles but with the stipulation that prior approval is required.

 

3. substitutes a new 3.3.2(g).  Former paragraph 3.3.2(g) referred to an optometrist or optical dispenser not requiring the prior approval of the Military Rehabilitation and Compensation Commission for the dispensing of optical products where the products were dispensed in accordance with an arrangement with DVA. 

 

However as “new” optical dispensers who do business with DVA will no longer be contracted to DVA, the mention of arrangement in 3.3.2(g) is no longer appropriate.

 

New paragraph 3.3.2 (g) is essentially the same as the former paragraph but omits the reference to the dispensing of optical products under an arrangement with DVA and includes a requirement that if an optical product is dispensed, any requirement imposed by 3.2.1(s) of the MRCA Treatment Principles must be satisfied.  Paragraph 3.2.1(s) sets out the circumstances when the prior approval of the Military Rehabilitation and Compensation Commission is required before an optical product may be supplied to an entitled person.

 

4. has the effect that in order for the Military Rehabilitation and Compensation Commission to accept financial responsibility under 3.5.1(1)(k) of the MRCA Treatment Principles for the supply of a visual aid to an entitled person by an optical dispenser, the supply must have been in accordance with, among other documents, the DVA document entitled “Pricing Schedule for Visual Aids” in force on the date in Schedule 1 of the MRCA Treatment Principles.

 

5. removes the requirement imposed on the Military Rehabilitation and Compensation Commission by 7.4.2(c) of the MRCA Treatment Principles that it may only accept financial responsibility for the supply of visual aids if, among other requirements, the aids were dispensed under an arrangement (contract) with DVA.  Because new optical dispensers will not have contracts with DVA, the former requirement is no longer applicable.

 

Section 5 also imposes a requirement on the Military Rehabilitation and Compensation Commission, for the purposes of 7.4.2(c) of the MRCA Treatment Principles, that in order for the Commission to accept financial responsibility for the supply of a visual aid to an entitled person by an optical dispenser, the supply must have been in accordance with, among other documents, the DVA document entitled “Pricing Schedule for Visual Aids” in force on the date in Schedule 1 of the MRCA Treatment Principles.

 

6. as with section 5, this amendment removes the requirement imposed on the Military Rehabilitation and Compensation Commission (by 11.4.1(c) of the MRCA Treatment Principles) that it may only accept financial responsibility for the supply of visual aids if, among other requirements, the aids were dispensed under an arrangement (contract) with DVA.  Because new optical dispensers will not have contracts with DVA, the former requirement is no longer applicable.

 

Section 6 also imposes a requirement on the Military Rehabilitation and Compensation Commission, for the purposes of 11.4.1(c) of the MRCA Treatment Principles, that in order for the Commission to accept financial responsibility for the supply of a visual aid to an entitled person by an optical dispenser, the supply must have been in accordance with, among other documents, the DVA document entitled “Pricing Schedule for Visual Aids” in force on the date in Schedule 1 of the MRCA Treatment Principles.

 

Part 2 Vaccination or Inoculation in Connection with Overseas Travel

 

7. omits the provision that prohibits the Military Rehabilitation and Compensation Commission from accepting financial responsibility for vaccinations or inoculations in connection with overseas travel.

Part 3 Telemonitoring Amendments

 

8. rectifies a drafting error by ensuring “Part 6B” appears in the heading “Telemonitoring Treatment Initiative”

 

Part 4 MRCA Home Care Program Amendments

 

9. has the effect that if a person is eligible for household services under section 214 of the MRCA then the person is not entitled to Domestic Assistance or Home and Garden Maintenance under the MRCA Treatment Principles; and if a person is eligible for attendant care services under section 217 of the MRCA then the person is not entitled to Personal Care under the MRCA Treatment Principles.

 

10. removes the heading “Transitional” from transitional provisions in the “MRCA Home Care part” of the MRCA Treatment Principles because the provisions are redundant.

 

11. removes transitional provisions in the “MRCA Home Care part” of the MRCA Treatment Principles because the provisions are redundant.

 

Part 5 Rehabilitation and Appliance Program Amendments

 

12. substitutes Schedule 1 of the MRCA Treatment Principles with a new Schedule 1.  The main purpose of this amendment is to incorporate the revised RAP National Schedule of Equipment into the MRCA Treatment Principles.  The amendment would also incorporate other documents into the MRCA Treatment Principles.  These documents were previously incorporated into the MRCA Treatment Principles but may have changed and this amendment makes them part of the MRCA Treatment Principles in their revised state.

 

A document in the Schedule is incorporated into the MRCA Treatment Principles as it existed on 14 January 2013.

 

Part 6 Coordinated Veterans’ Care Program Amendments

 

13. rectifies a drafting error by omitting a surplus word (Program).

 

14. substitutes Schedule 1 of the MRCA Treatment Principles with a new Schedule 1.  The main purpose of this amendment is to incorporate the revised Notes for Coordinated Veterans’ Care Program Providers into the MRCA Treatment Principles.  The amendment would also incorporate other documents into the MRCA Treatment Principles.  These documents were previously incorporated into the MRCA Treatment Principles but may have changed and this amendment makes them part of the MRCA Treatment Principles in their revised state.

 

A document in the Schedule is incorporated into the MRCA Treatment Principles as it existed on 1 June 2013.

 

Part 7 Miscellaneous Amendment

 

15. removes a redundant definition of “attendant care”.

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.