Veterans' Affairs Pharmaceutical Benefits Schemes Amendment Determination 2021

Overview

The Veterans’ Affairs Pharmaceutical Benefits Schemes Amendment Determination 2021 was enacted to address a minor but longstanding error in the Military Rehabilitation and Compensation Act 2004 (MRCA) and the Veterans’ Entitlements Act 1986 (VEA). The amendment corrects an incorrect reference within the MRCA Pharmaceutical Benefits Scheme (MRCA PBS) and the Repatriation Pharmaceutical Benefits Scheme (RPBS), which were established to provide subsidised access to medicines for veterans and their dependants. Specifically, the amendment rectifies an error in section 40A of the Schemes, where an incorrect reference to section 98C of the National Health Act 1953 was made instead of the correct reference to section 98AC. This error occurred during the initial insertion of section 40A into the Schemes in 2012. The determination was made under the authority provided by subsection 286(5) of the MRCA and subsection 91(4) of the VEA, and it aims to ensure the correct legal framework is applied to the data collection requirements concerning unsubsidised pharmaceutical supplies.

Scope and Application

The Veterans’ Affairs Pharmaceutical Benefits Schemes Amendment Determination 2021 is an instrument made under the authority of the Military Rehabilitation and Compensation Act 2004 and the Veterans’ Entitlements Act 1986. This determination applies to the Military Rehabilitation and Compensation Commission (MRCC) Pharmaceutical Benefits Scheme (MRCA PBS) and the Repatriation Pharmaceutical Benefits Scheme (RPBS), both of which provide subsidised access to medicines for veterans and their dependants. The determination seeks to correct an error in these schemes concerning the reference to section 98AC of the National Health Act 1953. The error, identified as a typographical mistake where "section 98AC" should have been referenced instead of "section 98C", pertains to the conditions under which pharmacists must disclose information to the Department of Health about unsubsidised supplies of pharmaceuticals. This amendment ensures that the disclosure requirements align correctly with the provisions of the National Health Act 1953. The correction applies nationally, as the schemes cover all veterans and their dependants across Australia. The amendment does not require consultation with external parties as it does not impact pharmacists or eligible recipients of pharmaceutical benefits under the schemes. The instrument will come into effect the day after its registration, and it does not extend or restrict the application of any other legislation beyond the specified correction.

Key Provisions

The Veterans' Affairs Pharmaceutical Benefits Schemes Amendment Determination 2021 (the Determination) amends the Repatriation Pharmaceutical Benefits Scheme (RPBS) and the Military Rehabilitation and Compensation Act Pharmaceutical Benefits Scheme (MRCA PBS) (collectively, the Schemes). This amendment corrects a longstanding error in section 40A of the Schemes which incorrectly referenced section 98C of the National Health Act 1953 instead of the correct section 98AC. The amendment ensures that the correct section is cited, which affects the conditions under which pharmacists can disclose information to the Department of Health about unsubsidised pharmaceutical supplies. The Determination imposes obligations on the Military Rehabilitation and Compensation Commission and the Repatriation Commission to ensure that the Schemes are updated to reflect the correct legislative reference. These entities must amend the Schemes as set out in the Determination, ensuring that pharmacists and other relevant parties are informed of the correct legal framework governing the disclosure of pharmaceutical data. The Schemes are designed to facilitate access to subsidised medicines for eligible veterans and their dependants, and these amendments are necessary to maintain the integrity and accuracy of the legislative framework governing these benefits. There are no specific offences or penalties outlined in the Determination for failing to comply with the amendments. However, non-compliance with the Schemes could potentially lead to legal challenges regarding the validity of pharmaceutical data disclosures, which could have implications for the administration of benefits under the Schemes. The focus of the Determination is on correcting an error rather than imposing new sanctions, but ensuring compliance with the updated provisions is critical to the proper functioning of the Schemes. The Determination is made under the authority of section 286 of the Military Rehabilitation and Compensation Act 2004 and section 91 of the Veterans’ Entitlements Act 1986. It will commence on the day after it is registered, and it includes a statement of compatibility with human rights, confirming that it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The Determination ensures that the Schemes accurately reflect the legislative requirements, thereby maintaining the integrity of the pharmaceutical benefits provided to eligible veterans and their dependants.