EXPLANATORY STATEMENT
Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Miscellaneous Amendments) Instrument 2013
EMPOWERING PROVISION
Subsection 16(7) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006, (the Act).
PURPOSE
The attached instrument (2013 No. R8) amends the Treatment Principles (Australian Participants in British Nuclear Tests) 2006 (Nuclear Treatment Principles).
The Nuclear Treatment Principles is a legislative instrument made under subsection 16(7) of the Act and sets out the circumstances in which the Repatriation Commission (the Commission) may accept financial liability for treatment provided to entitled persons for malignant neoplasia. Entitled persons are Australian participants in British nuclear tests as described in the Act.
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 Nuclear 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 Nuclear 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 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 Nuclear 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 Nuclear Treatment Principles by the attached instrument.
Minor & Technical Amendments
Drafting type amendments were 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.
No.
For the Making Minor & Technical Amendments Proposal there was no consultation with interested parties because the measure is minor and technical and has no policy 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 are incorporated into the Nuclear 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. ...
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. ...
24. Rehabilitation Appliances Program (RAP) National Guidelines (paragraph 11.2A.1);
25. RAP National Schedule of Equipment (paragraph 11.2A.1);
At the time the attached instrument was made, all the documents
were available on the DVA Web Page:
http://www.dva.gov.au/
At the time the attached instrument was made, all the documents 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.
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).
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
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.
- Part 2 of the Schedule (Rehabilitation and Appliance Program Amendments) is taken to have commenced on 14 January 2013.
[3] 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 Nuclear Treatment Principles in force immediately before the commencement of Part 1 and are not covered by the Nuclear 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 Nuclear 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 Nuclear 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 Repatriation 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 Repatriation 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 Nuclear 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 Nuclear 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 Repatriation 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 Nuclear Treatment Principles must be satisfied. Paragraph 3.2.1(s) sets out the circumstances when the prior approval of the Repatriation Commission is required before an optical product may be supplied to an entitled person.
4. has the effect that in order for the Repatriation Commission to accept financial responsibility under 3.5.1(1)(k) of the Nuclear 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 Nuclear Treatment Principles.
5. removes the requirement imposed on the Repatriation Commission by 7.4.2(c) of the Nuclear 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 Repatriation Commission, for the purposes of 7.4.2(c) of the Nuclear 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 Nuclear Treatment Principles.
6. as with section 5, this amendment removes the requirement imposed on the Repatriation Commission (by 11.4.1(c) of the Nuclear 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 Repatriation Commission, for the purposes of 11.4.1(c) of the Nuclear 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 Nuclear Treatment Principles.
Part 2 Rehabilitation and Appliance Program Amendments
7. substitutes Schedule 1 of the Nuclear 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 Nuclear Treatment Principles. The amendment would also incorporate other documents into the Nuclear Treatment Principles. These documents were previously incorporated into the Nuclear Treatment Principles but may have changed and this amendment makes them part of the Nuclear Treatment Principles in their revised state.
A document in the Schedule is incorporated into the Nuclear Treatment Principles as it existed on 14 January 2013.
Part 3 Miscellaneous Amendment
8. omits a redundant definition.