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

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

Instrument 2014 No. R18

made under subsection 88A(2) of the

Veterans' Entitlements Act 1986

Compilation No.3

Compilation date:  21 April 2016

Includes amendments up to: F2016L00551

Prepared by the Department of Veterans’ Affairs, Canberra

About this compilation

This compilation

This is a compilation of the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 that shows the text of the law as amended and in force on 21 April 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

REPATRIATION COMMISSION

Veterans’ Entitlements Act 1986

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

Instrument 2014 No. R18

The Repatriation Commission, pursuant to paragraph 88A(1)(d) of the Veterans’ Entitlements Act 1986 (the Act or the VEA), hereby determines that a person:

(a) who is not covered by paragraph (a), (b) or (c) of subsection 88A(1) of the Act; and

(b) who is in the class of person specified in Part 2 of this Determination;

is eligible to be provided with treatment of the kind specified in Part 3 of this Determination from and including the date that is 3 months before the date on which the application to be provided with that treatment is lodged at an office of the Department in Australia in accordance with section 5T of the Act.

Dated this 30th  day of   June  2014

The Seal of the   )

Repatriation Commission   )

was affixed hereto in the   ) SEAL

presence of:   )

Simon Lewis                           Jennifer Collins                          Major General Mark Kelly

………………………………………………......................……………………………………….

SIMON LEWIS              JENNIFER COLLINS             Major General Mark Kelly

                                                                                                                 AO DSC

    PRESIDENT      ACTING DEPUTY PRESIDENT              COMMISSIONER

Repatriation Commission

 _____________________________________________________

Part 1 Introduction

1.1             Name of Instrument

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

1.2             Commencement

This Instrument commences, or is taken to have commenced, when Schedule 1 to the Veterans’ Affairs Legislation Amendment (Mental Health and Other Measures) Act 2014 commences.

[Note: Schedule 1 to the Veterans’ Affairs Legislation Amendment (Mental Health and Other Measures) Act 2014 commenced on 1 July 2014]

1.3             Definitions

In this Instrument:

Act means the Veterans’ Entitlements Act 1986.

alcohol use disorder is the disorder described as alcohol use disorder in clause 3. of the Statement of Principles concerning alcohol use disorder No. 1 of 2009 in force from time to time.

Note: only the meaning of alcohol use disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because alcohol use disorder need not be service-related for treatment under this instrument.

anxiety disorder is the disorder described as an anxiety disorder in clause 3.(b) of the Statement of Principles concerning anxiety disorder No. 101 of 2007 in force from time to time.

Note: only the meaning of anxiety disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because anxiety disorder need not be service-related for treatment under this instrument.

appropriately qualified person means;

(a) a general practitioner; or

(b) a clinical psychologist; or

(c) a psychiatrist.

clinical psychologist has the meaning given by paragraph 1.4.1 of the Treatment Principles.

depressive disorder is the disorder described as a depressive disorder in Statement of Principles concerning depressive disorder No.27 of 2008 (clause 3.(b)) in force from time to time.

Note: only the meaning of depressive disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because depressive disorder need not be service-related for treatment under this instrument.

general practitioner has the meaning given by paragraph 1.4.1 of the Treatment Principles.

posttraumatic stress disorder is the disorder described as a posttraumatic stress disorder in Statement of Principles concerning posttraumatic stress disorder No.5 of 2008 (clause 3.(b)) in force from time to time.

Note: only the meaning of posttraumatic stress disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because posttraumatic stress disorder need not be service-related for treatment under this instrument.

Statement of Principles means a "Statement of Principles" determined by the Repatriation Medical Authority under subsection 196B(2) of the Act.

Statement of Principles concerning alcohol use disorder No. 1 of 2009 means the Statement of Principles called Statement of Principles concerning alcohol use disorder No. 1 of 2009.

Statement of Principles concerning anxiety disorder No. 101 of 2007 means the Statement of Principles called Statement of Principles concerning anxiety disorder No. 101 of 2007.

Statement of Principles concerning depressive disorder No.27 of 2008 means the Statement of Principles called Statement of Principles concerning depressive disorder No.27 of 2008.

Statement of Principles concerning posttraumatic stress disorder No.5 of 2008 means the Statement of Principles called Statement of Principles concerning posttraumatic stress disorder No.5 of 2008.

Statement of Principles concerning substance use disorder No. 3 of 2009 means the Statement of Principles called Statement of Principles concerning substance use disorder No. 3 of 2009.

substance use disorder is the disorder described as a substance use disorder in the Statement of Principles concerning substance use disorder No. 3 of 2009 (clause 3.) in force from time to time.

Note: only the meaning of substance use disorder in the Statement of Principles is relevant, not the factors establishing a connection with service because substance use disorder need not be service-related for treatment under this instrument.

Repatriation Pharmaceutical Benefits Scheme means the scheme for the provision of pharmaceutical benefits prepared by the Repatriation Commission under section 91 of the Act.

Repatriation Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act which set out the circumstances in which treatment is to be provided to eligible persons as private patients.

Repatriation Commission means the body corporate continued in existence by section 179 of the Act.

Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.

The following terms are defined in the Act:

• continuous full-time service (s.5C(1))
• Defence Force (s.5C(1))
• effective full-time service (s.68(1))
• member of the Defence Force (s.5C(1); s.5C(2))

Part 2 Specified Class of Person

alcohol use disorder

The following class of person is specified:

A person who:

(a) is or was a member of the Defence Force; and

(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:

(i) rendered at least three years effective full-time service in the Defence Force; or

(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than three years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and

(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:

(i) before the person had completed 12 months’ effective full-time service; and

(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:

(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and

(B) had not been aggravated, or materially aggravated, by that service; and

Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.

Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.

(d) is not eligible for treatment of an alcohol use disorder under:

(i) subsection 85(2) of the Veterans’ Entitlements Act 1986; or

(ii) the Safety, Rehabilitation and Compensation Act 1988; or

(iii) the Military Rehabilitation and Compensation Act 2004; and

(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from an alcohol use disorder; and

(f) lodges an application to be provided with treatment for alcohol use disorder at an office of the Department in Australia in accordance with section 5T of the Act.

Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.

substance use disorder

The following class of person is specified:

A person who:

(a) is or was a member of the Defence Force; and

(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:

(i) rendered at least three years effective full-time service in the Defence Force; or

(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than three years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and

(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:

(i) before the person had completed 12 months’ effective full-time service; and

(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:

(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and

(B) had not been aggravated, or materially aggravated, by that service; and

Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.

Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.

(d) is not eligible for treatment of a substance use disorder or a substance use disorder, under:

(i) subsection 85(2) of the Veterans’ Entitlements Act 1986; or

(ii) the Safety, Rehabilitation and Compensation Act 1988; or

(iii) the Military Rehabilitation and Compensation Act 2004; and

(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from a substance use disorder; and

(f) lodges an application to be provided with treatment for substance use disorder

at an office of the Department in Australia in accordance with section 5T of the Act.

Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.

anxiety disorder

The following class of person is specified:

A person who:

(a) is or was a member of the Defence Force; and

(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:

(i) rendered at least three years effective full-time service in the Defence Force ; or

(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than 3 years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and

(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:

(i) before the person had completed 12 months’ effective full-time service; and

(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:

(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and

(B) had not been aggravated, or materially aggravated, by that service; and

Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.

Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.

(d) is not eligible for treatment of a anxiety disorder under:

(i) Part V of the Veterans’ Entitlements Act 1986 (other than under paragraph 88A(1)(d) or subparagraph 92(1)(a)(iii)); or

(ii) the Safety, Rehabilitation and Compensation Act 1988; or

(iii) the Military Rehabilitation and Compensation Act 2004; and

(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

(f) lodges an application to be provided with treatment for anxiety disorder

at an office of the Department in Australia in accordance with section 5T of the Act.

Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.

depressive disorder

The following class of person is specified:

A person who:

(a) is or was a member of the Defence Force; and

(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:

(i) rendered at least three years effective full-time service in the Defence Force; or

(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than 3 years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and

(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:

(i) before the person had completed 12 months’ effective full-time service; and

(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:

(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and

(B) had not been aggravated, or materially aggravated, by that service; and

Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.

Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.

(d) is not eligible for treatment of a depressive disorder under:

(i) Part V of the Veterans’ Entitlements Act 1986 (other than under paragraph 88A(1)(d) or subparagraph 92(1)(a)(iii)); or

(ii) the Safety, Rehabilitation and Compensation Act 1988; or

(iii) the Military Rehabilitation and Compensation Act 2004; and

(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from a depressive disorder; and

(f) lodges an application to be provided with treatment for depressive disorder

at an office of the Department in Australia in accordance with section 5T of the Act.

Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.

posttraumatic stress disorder

The following class of person is specified:

A person who:

(a) is or was a member of the Defence Force; and

(b) has, on or after 7 April 1994 or before and on or after 7 April 1994:

(i) rendered at least three years effective full-time service in the Defence Force; or

(ii) under an engagement to serve in the Defence Force for a period of continuous full‑time service of not less than 3 years — rendered less than three years effective full-time service, but who was discharged, or had their appointment terminated, on the grounds of invalidity or physical or mental incapacity to perform duties; and

(c) if a person in (b)(ii), is not a person whose service as a member of the Defence Force was terminated by reason of the person’s discharge, or the termination of the person’s appointment:

(i) before the person had completed 12 months’ effective full-time service; and

(ii) on the ground of invalidity or physical or mental incapacity to perform duties, being invalidity or incapacity caused, or substantially contributed to, by a physical or mental health condition that:

(A) existed at the time the person commenced continuous full-time service as a member of the Defence Force; and

(B) had not been aggravated, or materially aggravated, by that service; and

Note (1): 7 April 1994 is the commencement date of the Military Compensation Act 1994.

Note (2): “continuous full-time service” and “effective full-time service” are defined, respectively, in section 5C(1) and section 68(1) of the Act.

(d) is not eligible for treatment of a posttraumatic stress disorder under:

(i) subsection 85(2) of the Veterans’ Entitlements Act 1986; or

(ii) the Safety, Rehabilitation and Compensation Act 1988; or

(iii) the Military Rehabilitation and Compensation Act 2004; and

(e) holds a certificate or other document signed and issued by an appropriately qualified person that states that the person suffers from a posttraumatic stress disorder; and

(f) lodges an application to be provided with treatment for posttraumatic stress disorder

at an office of the Department in Australia in accordance with section 5T of the Act.

Note: if only one Minister administers paragraph (e) above then s.19A(3(d) of the Acts Interpretation Act 1901 provides that “the Department” means the Department of State of the Commonwealth that: (i) deals with the matters to which the provision relates; and (ii) is administered by the Minister administering the provision.

Part 3 Specified Treatment

The following kind of treatment is specified:

Treatment that can be applied to an alcohol use disorder, substance use disorder, anxiety disorder, depressive disorder or posttraumatic stress disorder as the case may be, under, and subject to:

• the Treatment Principles; or
• the Repatriation Pharmaceutical Benefits Scheme; or
• the Repatriation Private Patient Principles; or
• an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history