EXPLANATORY STATEMENT
Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2015
EMPOWERING PROVISION
Subsection 88A(2) of the Veterans’ Entitlements Act 1986 (the Act or the VEA).
PURPOSE
The attached instrument (2015 No.R48) 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 of 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 attached instrument varies the NLHC instrument to clarify the intention of a provision and correct a drafting error.
It is not the intention underlying the various paragraphs (e) in Part 2 of the NLHC instrument that a medical certificate/document must contain a statement that no more than 12 months has passed since the certificate/document was signed. Quite apart from the fact that such a statement would not make sense, any such situation is to be ascertained objectively. Accordingly to dispel any impression that a medical certificate/document is to contain the statement in question a semi-colon now appears after “disorder” in the relevant paragraphs as highlighted in the example below:
“(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from an anxiety disorder [;] and not more than 12 months has passed since the date the certificate or other document was signed; and”
Paragraph (e) as it relates to “anxiety disorder” in Part 2 of the NLHC instrument contains a drafting error, namely the surplus words crossed out in the example below. The attached instrument removed these words to make it clear that under the NHLC instrument an anxiety disorder could be diagnosed by a general practitioner, a clinical psychologist or a psychiatrist. In other words, under the NHLC instrument a medical practitioner is not the only person who may diagnose an anxiety disorder.
“(e) holds a certificate or other document signed and issued by an appropriately qualified person a medical practitioner that states that the person suffers from an anxiety disorder; and not more than 12 months has passed since the date the certificate or other document was signed; and”
CONSULTATION
No. The measures are minor and technical and have no negative impact. Accordingly 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.
By making it clear that under the NLHC instrument a medical practitioner is not the only person who may diagnose an anxiety disorder and that such a disorder may also be diagnosed by a clinical psychologist (a psychiatrist may also diagnose the condition) the attached instrument advances the health of a person in question in that it makes it easier for the person to be able to access treatment under Department of Veterans’ Affairs arrangements because the diagnosis of an anxiety disorder may be made not only by a medical practitioner but by a clinical psychologist as well.
Accordingly it is considered that the attached instrument is compatible with Human Rights.
Repatriation Commission
Rule-Maker
Overview
The Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2015 was enacted to amend the Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014. This legislative instrument, issued under the authority of subsection 88A(2) of the Veterans’ Entitlements Act 1986 (VEA), aims to correct a drafting error and clarify the intent of certain provisions in the original instrument. The overarching purpose is to ensure that the Department of Veterans' Affairs can continue to provide necessary mental health care services to eligible members and former members of the Defence Force without unnecessary bureaucratic hurdles.
This amendment was introduced without negative impacts, and no consultation was deemed necessary as the changes are minor and technical. The instrument is not retrospective and does not incorporate any documents by reference. It is also compatible with human rights, particularly the right to health, by broadening the scope of professionals who can diagnose anxiety disorders, thus facilitating easier access to health care services for veterans.
Scope and Application
The Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2015 amends the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014, impacting the scope of non-liability health care provided by the Department of Veterans’ Affairs (DVA) to eligible members and former members of the Defence Force. The primary aim of the amendment is to correct a drafting error and clarify the scope of diagnosis for certain mental health conditions, particularly anxiety disorders. This amendment extends to clarifying that a medical certificate or document must not include a statement that no more than 12 months has passed since the certificate or document was signed, as this statement does not make logical sense and the timeframe is to be ascertained objectively. Additionally, the amendment removes surplus words to explicitly state that an anxiety disorder may be diagnosed by a clinical psychologist or a psychiatrist, not just a medical practitioner. This change enhances access to treatment by broadening the eligibility of professionals who can diagnose the condition. The legislative instrument applies to the Commonwealth of Australia and is intended to benefit the health of eligible veterans by ensuring they can access necessary mental health care without unnecessary restrictions.
Key Provisions
The Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2015 (2015 No. R48) amends the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 (Instrument 2014 No. R18) (NLHC instrument). It makes specific changes to clarify the intention of a provision and correct a drafting error. The changes are detailed in the explanatory statement and aim to ensure that the provisions are interpreted correctly and that eligible veterans can access the health care they need without unnecessary barriers.
The key provisions of this amendment instrument involve modifying Part 2 of the NLHC instrument, particularly the paragraphs (e) that relate to the diagnosis of anxiety disorders. Previously, there was a requirement that a medical certificate/document must state that no more than 12 months had passed since the document was signed. This requirement has been removed to correct a drafting error and clarify that the time limit is to be ascertained objectively, not by a statement in the document. Additionally, the amendment removes surplus words that incorrectly limited the diagnosis of anxiety disorders to medical practitioners alone, thus allowing clinical psychologists and psychiatrists to also diagnose such disorders.
The obligations imposed by this amendment are primarily on the Department of Veterans' Affairs (DVA) to ensure that the changes are implemented correctly and that the provisions of the NLHC instrument are interpreted and applied in line with the amendments. The DVA must also ensure that medical certificates/documents are assessed correctly to determine eligibility for non-liability health care, taking into account the corrected provisions.
There are no specific offences, penalties, or civil/criminal consequences outlined in the amendment instrument itself. However, any breaches of the Veterans’ Entitlements Act 1986 (VEA) or the regulations made under it could result in penalties as prescribed by the VEA or other relevant legislation. For instance, fraudulent claims or misrepresentation of facts to obtain non-liability health care could lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach.
In summary, the Veterans' Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Amendment Instrument 2015 makes technical amendments to the NLHC instrument to clarify the requirements for diagnosing anxiety disorders and to remove an unnecessary time limit on medical certificates/documents. These changes aim to facilitate easier access to health care for eligible veterans, ensuring that the provisions of the VEA are applied correctly and fairly.