EXPLANATORY STATEMENT
Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006
EMPOWERING PROVISION
Subsection 17(6) of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 (the Act or the APBNT(T)A).
PURPOSE
The attached instrument (2015 No.R34) is essentially a re-made version of the former Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006.
The Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 modify the Repatriation Private Patient Principles, made under the Veterans’ Entitlements Act 1986, in their application under the APBNT(T)A.
The Repatriation Private Patient Principles (as modified by the attached instrument) set out the circumstances in which the Repatriation Commission will accept financial responsibility for treatment provided to Australian participants in British Nuclear Tests (entitled persons) as private patients. Under the APBNT(T)A a person is a private patient if they are provided with treatment as a private patient at a hospital or provided with treatment by a medical specialist other than at a hospital.
The former Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 was contained in an omnibus legislative instrument called the Veterans’ Affairs (Private Patient Principles Re-Making) Instrument 2014 (2014 No.R79/MRCC79) (Omnibus Instrument).
This latter instrument re-made, for sunsetting purposes, all three sets of “Private Patient Principles” under, respectively, the Veterans’ Entitlements Act 1986, the Military Rehabilitation and Compensation Act 2004 and the Australian Participants in British Nuclear Tests (Treatment) Act 2006.
The intention was that the three sets of Private Patients Principles in the Omnibus Instrument would, on the Omnibus Instrument being made, separate from it and stand alone. Unfortunately advice from the Office of Parliamentary Counsel said otherwise.
The current exercise, therefore, is merely about fixing a drafting format and involves revoking the Omnibus Instrument (carried out by a separate repeal instrument) and re-making the three sets of Private Patient Principles as separate instruments.
In the process the opportunity has been taken to make a policy change. This change was made to the Repatriation Private Patient Principles and automatically applies under the APBNT(T)A (because the change has not been modified). As the change was not modified it is not mentioned in the attached (modification) instrument which is virtually identical to the one it replaced.
The change in question is that on and after 1 July 2016 entitled persons will be entitled to private accommodation (if available) in a “contracted private hospital” i.e. a hospital that has entered into a contract with the Repatriation Commission. Private accommodation for entitled persons in hospitals generally, is not an automatic entitlement and various conditions apply.
It should be noted that subsection 26(1B) of the Legislative Instruments Act 2003 (as it was known on 1 May 2015) provides that the requirement for an explanatory statement to explain the purpose and operation of an instrument may be met by an explanation that the instrument replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument and is the same in substance as the specified instrument or provision.
The main purpose, therefore, of the attached instrument is to re-make the Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 in a more appropriate format and in that regard it is the same in substance as the Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 contained in the Veterans’ Affairs (Private Patient Principles Re-Making) Instrument 2014.
CONSULTATION
No – the reasons being that there was recent consultation (12 August 2014) in relation to the former version of the attached instrument.
The former consultation occurred via the forum known as ESORT (Ex Service Organisations Round Table). ESORT endorsed the former Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 at its meeting on 12 August 2014.
Nature of (former) Consultation
Noting that paragraph 26(1A)(d) of the Legislative Instruments Act 2003 requires an Explanatory Statement for a legislative instrument to contain a description of the nature of any consultation, the nature of the consultation was listing the matter as an agenda item for the ESORT meeting.
RETROSPECTIVITY
None.
DOCUMENTS INCORPORATED-BY-REFERENCE
No.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached legislative instrument engages and promotes the Right to Health contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.
The instrument re-makes a legislative instrument that modifies the circumstances in which the Repatriation Commission may accept financial responsibility for treatment provided to veterans and their dependants so that those circumstances also apply to Australian Participants in British Nuclear Tests suffering from malignant neoplasia.
The treatment in question is treatment provided to a person in hospital/or by a medical specialist outside of a hospital, as a private patient (choice of medical practitioner). Accordingly the instrument facilitates the provision of free and enhanced (choice of medical practitioner) treatment to the people in question and therefore promotes their right to health.
Conclusion
The attached legislative instrument is considered to be compatible with human rights, in particular the right to health.
Michael Ronaldson
Minister for Veterans’ Affairs
Rule-Maker
FURTHER EXPLANATION OF NEW PROVISIONS
See: Attachment A
Attachment A
Section 1
This section sets out the name of the instrument – the Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006.
Section 2
This section provides that the instrument commences when the Repatriation Private Patient Principles (Instrument 2015 No. R33) commence.
Section 3
This section contains the modifications to the Repatriation Private Patient Principles in their application under the Australian Participants in British Nuclear Tests (Treatment) Act 2006.