Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L01779 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2014

 

EMPOWERING PROVISION

 

Paragraph 88A(2) of the Veterans’ Entitlements Act 1986 (the Act or the VEA).

 

PURPOSE

 

The attached instrument (2014 No.R115) varies the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 (Instrument 2014 No. R18) (NLHC instrument). 

 

The NLHC instrument enables the Department of Veterans’ Affairs (DVA) to pay for treatment of various mental health conditions suffered by eligible members and former members of the Defence Force (entitled persons).

 

The treatment is known as “non liability health care” because it need not be linked to any service of the entitled person.

 

The issue with the NLHC instrument that the attached instrument addressed was that previously only a psychiatrist, or a medical practitioner who was qualified in the area of a relevant condition, could diagnose a relevant condition in order for DVA to be able to pay for treatment of the condition. 

 

Limiting the health care providers who could diagnose the relevant conditions to a psychiatrist or an especially qualified medical practitioner proved too restrictive and inhibiting on enabling entitled persons to seek treatment for their conditions. 

 

Further, the requirement that a medical practitioner be especially qualified to diagnose a relevant condition i.e. a medical practitioner “...who, in the opinion of the Repatriation Commission, is qualified in the area of [one of the relevant conditions]”, was difficult to administer.

 

Accordingly the attached instrument has made a number of variations to the NLHC instrument.  Firstly it has enabled DVA to be able to pay for treatment of a relevant condition if the condition has been diagnosed by a medical practitioner who is a general practitioner, rather than by a medical practitioner with special expertise in the relevant condition only. 

 

The term “general practitioner” is defined by the attached instrument with reference to the Treatment Principles where the term is further defined by reference to subsection 3(1) of the Health Insurance Act 1973.  The term “general practitioner” covers a narrower field of medical practitioners than does the term “medical practitioner”.

 

Secondly, it dispensed with the requirement that the medical practitioner (now a general practitioner) needed to be especially qualified in one of the relevant conditions and, thirdly, it introduced a new category of health care provider who may diagnose one of the relevant conditions, namely a clinical psychologist.  A psychiatrist is still able to diagnose one of the relevant conditions.

 

Treatment of mental health conditions of service and ex service personnel is a high Government priority.  By enabling general practitioners per se and clinical psychologists to diagnose the relevant conditions the potential for treatment of these conditions is significantly increased.

 

CONSULTATION

 

No.  The measures are required as a matter of urgency.  Increased access to treatment is in issue.  It is noted that under paragraph 18(2)(b) of the Legislative Instruments Act 2003 an example of a situation where consultation may be inappropriate in relation to a legislative instrument is where the instrument is required as a matter of urgency.

 

In any event, the measures are beneficial and interested parties could reasonably be expected to agree to them.

 

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 changes made by the attached instrument are intended to advance the health of an entitled person in that the changes will make it easier for a person who suffers from a relevant mental health condition to be able to access treatment under DVA arrangements because the diagnosis of the condition may now be made by any medical practitioner who is a general practitioner, rather than by a medical practitioner with special expertise in the relevant condition, and a diagnosis may now also be made by a clinical psychologist, which was not the case previously.

It is considered that the attached instrument is compatible with Human Rights.

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 (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2014.

 

Section 2

This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 

Schedule 1

 

This Schedule varies the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014.

 

Items 1 and 2

These items are definition sections and are the provisions that have the effect of enabling, in conjunction with other provisions, the diagnosing of the relevant conditions by a general practitioner or a clinical psychologist (or a psychiatrist).

 

Overview

The Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2014 was enacted to address the restrictive eligibility criteria for non-liability health care (NLHC) for members and former members of the Defence Force suffering from mental health conditions. This amendment to the Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014, introduced by the Department of Veterans' Affairs, sought to alleviate the barriers faced by entitled persons in accessing necessary mental health treatment by expanding the categories of health care providers who could diagnose relevant conditions. Previously, only a psychiatrist or a medical practitioner with special expertise could diagnose such conditions, which hindered timely access to treatment. The amendment allows for diagnoses by general practitioners and introduces clinical psychologists as eligible diagnosticians, thus broadening the scope of professionals who can facilitate access to mental health services for veterans. This legislative change reflects a policy objective to enhance the availability and accessibility of mental health care for veterans, aligning with the high priority the government places on the well-being of service personnel.

Scope and Application

The Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2014, made under the Veterans’ Entitlements Act 1986, aims to facilitate the treatment of mental health conditions for eligible members and former members of the Defence Force by amending the Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014. This legislative instrument addresses the restrictive nature of the original conditions, which limited diagnosis and treatment to psychiatrists or specially qualified medical practitioners. By broadening the scope of who can diagnose mental health conditions, it now includes general practitioners and clinical psychologists, thereby increasing the accessibility of treatment. The amendment applies to all entitled persons, that is, members and former members of the Defence Force suffering from relevant mental health conditions. It has a national reach, given its basis in Commonwealth legislation, and does not include any explicit exclusions, exemptions, or thresholds. The amendment reflects a priority of the Australian government to enhance mental health care for veterans and is considered compatible with human rights, particularly the Right to Health.

Key Provisions

The main operative sections of the Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2014 (Instrument 2014 No. R115) amend the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 (Instrument 2014 No. R18). These amendments, detailed in Schedule 1, Items 1 and 2, primarily broaden the scope of medical practitioners who can diagnose relevant mental health conditions for the purposes of accessing non-liability health care (NLHC). The amendments redefine the term "general practitioner" and allow clinical psychologists to diagnose these conditions, in addition to psychiatrists (Section 1, Item 1). The changes aim to ensure that eligible members and former members of the Defence Force can more readily access necessary treatment by removing the restriction on diagnosis by specially qualified medical practitioners only (Section 1, Item 2). The obligations and requirements imposed by this legislation primarily concern the Department of Veterans' Affairs (DVA) and the health care providers involved in the diagnosis and treatment of eligible persons. DVA is now required to accept diagnoses from general practitioners and clinical psychologists, in addition to those from psychiatrists, for the purpose of providing treatment under the NLHC scheme. This means that the DVA must have processes in place to verify the credentials of diagnosing practitioners and ensure they fall within the newly defined categories. Health care providers, including general practitioners and clinical psychologists, must adhere to the updated criteria for diagnosing mental health conditions in order to have the treatment costs covered by the DVA. Breach of the provisions outlined in this instrument could lead to administrative and legal consequences. While specific penalties are not detailed in the explanatory statement, breaches of legislative instruments generally can result in civil or criminal penalties depending on the severity and intent of the breach. For example, incorrect or fraudulent claims could be subject to fines or prosecution under related legislation, such as the Commonwealth Crimes Act 1914. Furthermore, health care providers found to be improperly diagnosing conditions for the purpose of accessing NLHC could face professional disciplinary actions from relevant medical boards. The overarching aim of these measures is to ensure that the NLHC scheme is administered fairly and effectively, safeguarding the rights and health of entitled persons.

Legal classification tags

Area of Law
Veterans' Affairs
Instrument
Regulation
Concepts
Definitions & Interpretation
Licensing & Registration
Regulatory Standards
Catchwords
Mental Health Conditions
Non-Liability Health 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.