Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006

Administered by Department of Veterans' Affairs

Legislation au F2015L01345 Not in force Legislative Instrument

Legislation content

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.

 

 

Overview

The Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 is a legislative instrument that modifies the Repatriation Private Patient Principles under the Veterans’ Entitlements Act 1986 to apply to Australian participants in British nuclear tests. This instrument was introduced to address the need for a more appropriate format for the previous Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006, which was contained in an omnibus legislative instrument. The policy objective is to facilitate the provision of free and enhanced treatment to eligible individuals as private patients, thereby promoting their right to health. The instrument was enacted by the Minister for Veterans' Affairs and is considered compatible with human rights, particularly the right to health as outlined in the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Veterans' Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2015, made under the Australian Participants in British Nuclear Tests (Treatment) Act 2006, aims to modify the Repatriation Private Patient Principles as they apply to Australian participants in British Nuclear Tests. This instrument outlines the circumstances under which the Repatriation Commission will accept financial responsibility for treatment provided to these participants as private patients. It applies to individuals who were involved in British Nuclear Tests and are suffering from malignant neoplasia, ensuring they receive appropriate treatment within a hospital or by a medical specialist outside of a hospital. The instrument is effective from when the Repatriation Private Patient Principles Instrument 2015 comes into force, and it revises the conditions for private accommodation in contracted private hospitals, granting entitled persons the right to private accommodation if available, starting from 1 July 2016. This change was made to enhance the healthcare provision for these participants, aligning their treatment conditions with those of other veterans and their dependants.

Key Provisions

The Veterans’ Affairs (Modified Repatriation Private Patient Principles - Australian Participants in British Nuclear Tests) Instrument 2006 (section 3) modifies the Repatriation Private Patient Principles under the Veterans’ Entitlements Act 1986, specifically for Australian participants in British Nuclear Tests. The primary modification is that, effective from 1 July 2016, entitled persons will be entitled to private accommodation in a contracted private hospital when receiving treatment as private patients. This change ensures that these individuals have the option of private treatment facilities, subject to the availability of such facilities and other applicable conditions. The instrument sets out the circumstances under which the Repatriation Commission will accept financial responsibility for the treatment of these individuals, aligning the treatment principles for veterans and their dependents with those for Australian participants in British Nuclear Tests. Under the Act, the Repatriation Commission has the responsibility to ensure that entitled persons receive appropriate treatment, and this includes facilitating their choice of private treatment facilities when medically necessary. The obligations on the Repatriation Commission include verifying the eligibility of the entitled persons, ensuring that the treatment provided meets the specified criteria, and processing claims for financial responsibility in accordance with the modified principles. Additionally, hospitals and medical specialists must adhere to the conditions set out in the instrument when providing treatment to entitled persons, ensuring they are aware of the specific requirements and entitlements. Breaches of the provisions outlined in the Act and the instrument may result in civil or criminal penalties. While the specific penalties are not detailed in the explanatory statement, generally, under Australian legislation, breaches could lead to fines, imprisonment, or both, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the relevant legislation governing the administration of penalties for breaches of veterans' affairs provisions. It is crucial for all parties involved to comply with the requirements to avoid potential legal repercussions.

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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.