Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015

Administered by Department of Veterans' Affairs

Legislation au F2015L01264 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015

 

EMPOWERING PROVISIONS

 

Paragraph 88A(1)(a), (b) and (d) of the Veterans’ Entitlements Act 1986 (the VEA).

 

PURPOSE

 

The attached instrument (2015 No.R20) determines eligibility for a kind of treatment under the Veterans’ Entitlements Act 1986 known as TRCP treatment.  This treatment is provided under the Treatment Principles.

 

The Treatment Principles is a legislative instrument made under section 90 of the Act and sets out the circumstances in which treatment may be provided under Part V of the Act to veterans or their dependants (entitled persons) and the circumstances in which the Repatriation Commission may accept financial responsibility for treatment provided to entitled persons.

 

However paragraph 88A(1)(d) of the VEA enables the Repatriation Commission (the Commission) to grant eligibility for treatment under Part V of the VEA to “a person” i.e. a person not necessarily a veteran or dependant of a veteran.

 

The Commission has exercised its power under paragraph 88A(1)(d) to make the attached instrument that, among other things, grants eligibility for TRCP treatment ( a treatment under Part V of the VEA) to members of the Australian Defence Force (ADF) and their dependants and to former members of the ADF and their dependants, where such members, former members and dependants are eligible for treatment under the Military Rehabilitation and Compensation Act 2004.

 

Accordingly, for the purposes of the provision of TRCP treatment, members, former members, and their dependants are to be taken to be entitled persons under the Treatment Principles under the VEA.

 

Although some veterans and their dependants would be eligible for TRCP treatment without the need for the attached determination, because they are eligible for treatment under the VEA proper, nevertheless they have been granted eligibility under the attached determination because the determination enables treatment (TRCP treatment) to be applied to non-service-related conditions, in the case of veterans, and applied “whole-of-person”, in the case of both veterans and dependants i.e. without the person needing to have an injury or disease.  Thus TRCP treatment can be applied to, for example, the effects of old age (frailty).

 

TRCP treatment is research-type treatment aimed at improving the health care of members of the Australian Defence Force which in turn could benefit the health care of members of the Defence and Veteran Community.

 

TRCP is an acronym for Training, Researching, Communication-improvement and Policy-development in relation to health care for members of the Australian Defence Force.

 

It should be noted that under subsection 80(1) of the VEA the definition of treatment is very broad and is not confined to treatment in its normal sense.  Among other things treatment can be “action taken with a view to maintaining a person in physical or mental health”.  TRCP treatment is an example of such treatment.

Further details of the attached instrument are set out in Attachment A.

 

CONSULTATION

 

No.  The reason for not consulting is that the amendments are beneficial in nature and interested parties could be expected to agree to them, thereby making consultation unnecessary.

 

RETROSPECTIVITY

 

Yes.  The attached instrument is taken to have commenced when the Treatment Principles were amended to establish the treatment of TRCP treatment namely

22 May 2015.  The amendment to the Treatment Principles was made by the Veterans’ Affairs (Treatment Principles – TRCP Treatment and Updating of RAP Schedules) Amendment Instrument 2015.  The attached instrument had been intended to have been made at the same time as the Treatment Principles were amended but inadvertently this did not occur.

 

The commencement of the attached instrument before registration would not infringe subsection 12(2) of the Legislative Instruments Act 2003 [a legislative instrument is of no effect if it takes effect before registration and disadvantages a person or imposes liabilities on a person other than the Commonwealth] because the retrospective operation of the instrument would not disadvantage any person or impose a liability on a person other than the Commonwealth. 

 

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 does engage an applicable right or freedom.  It relates to the Right to Health contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.

The Right to Health is the right to the enjoyment of the highest attainable standard of physical and mental health.  The UN Committee on Economic Social and Cultural Rights has stated that health is a fundamental human right indispensable for the exercise of other human rights.  Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.

The attached legislative instrument engages with, and promotes, the Right to Health by enabling a type of treatment to be provided to a section of the Community (TRCP treatment).  Such treatment could help maintain and improve the health of members of the Defence and Veteran Community.

 

Apart from eligibility criteria there are no limitations imposed on the provision of the treatment.

 

Conclusion

 

The attached legislative instrument is considered to be compatible with the human right to health because it grants eligibility for a type of treatment to a section of the Community.

 

Repatriation Commission

Rule-Maker


FURTHER EXPLANATION OF INSTRUMENT

 

Section 1

This section sets out the name of the instrument – the Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015.

 

Section 2

This section provides that the instrument commences on the day the Veterans’ Affairs (Treatment Principles – TRCP Treatment and Updating of RAP Schedules) Amendment Instrument 2015 commenced, namely 22 May 2015.

 

Section 3

This section is a definitions section.

 

Section 4

This section specifies the class of person eligible for a kind of treatment and specifies TRCP treatment as the kind of treatment a person within a specified class is eligible to receive under Part V of the VEA, namely TRCP treatment.

 

Overview

The Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015 was enacted to address a specific gap in the provision of health care for members of the Australian Defence Force (ADF) and their dependants. This determination was introduced under the authority of the Veterans’ Entitlements Act 1986 (VEA) and was made by the Repatriation Commission, which operates under the oversight of the relevant legislature. The primary objective of this determination is to extend eligibility for a particular type of treatment, known as TRCP treatment, to members and former members of the ADF and their dependants, ensuring that these individuals receive appropriate health care support. The determination also aligns with the broader policy objective of improving the health care for members of the Defence and Veteran Community, thereby enhancing their quality of life and enabling them to maintain physical and mental health.

Scope and Application

The Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015 applies to the provision of TRCP treatment under the Veterans’ Entitlements Act 1986, with its scope extending to members and former members of the Australian Defence Force, as well as their dependants, provided they are eligible for treatment under the Military Rehabilitation and Compensation Act 2004. This determination grants eligibility for TRCP treatment, which is aimed at improving health care for members of the Defence Force, to a broader range of individuals than might otherwise be eligible under the VEA alone. The legislation applies nationally across Australia and is enacted under the authority of the Repatriation Commission, which has the power to grant eligibility for treatment under the VEA to persons not necessarily classified as veterans or dependants of veterans. The eligibility granted by this determination enables TRCP treatment to be applied to non-service-related conditions and "whole-of-person," without requiring the presence of an injury or disease. The instrument has retrospective effect, commencing on 22 May 2015, and no consultation was deemed necessary as the amendments are beneficial in nature. The legislation aligns with and promotes the Right to Health as stipulated in the International Covenant on Economic, Social and Cultural Rights, by facilitating the provision of a type of treatment that could help maintain and improve the health of members of the Defence and Veteran Community.

Key Provisions

The Veterans’ Affairs (TRCP Treatment – Eligibility) Determination 2015 (sections 2 and 4) outlines the eligibility criteria for TRCP treatment under the Veterans’ Entitlements Act 1986 (VEA). This treatment is available to members and former members of the Australian Defence Force (ADF) and their dependants who are eligible for treatment under the Military Rehabilitation and Compensation Act 2004. The determination ensures these individuals are recognised as entitled persons under the Treatment Principles, enabling them to receive TRCP treatment, which focuses on research and improving health care for members of the ADF. This treatment is distinct as it is not limited to specific injuries or diseases, thus it can be applied to non-service-related conditions and can address the effects of old age, such as frailty. The Determination imposes several obligations on the parties involved. Firstly, it requires that members and former members of the ADF, along with their dependants who meet the eligibility criteria under the Military Rehabilitation and Compensation Act 2004, are recognised as entitled persons for the purpose of receiving TRCP treatment. This includes ensuring that the treatment provided is aligned with the broad definition of treatment under the VEA, which encompasses actions taken to maintain physical or mental health. Additionally, the Determination mandates that the Repatriation Commission, as the governing body, must facilitate the provision of TRCP treatment in accordance with the outlined eligibility criteria, ensuring that the treatment is available to those who qualify. The Determination also outlines potential consequences for non-compliance. While the explanatory statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach, it does imply that failure to adhere to the eligibility criteria or to provide TRCP treatment as determined could result in legal repercussions. Given that the Treatment Principles and the VEA form the legislative backbone, breaches could potentially lead to actions under these Acts, which might include fines, legal proceedings, or other penalties as prescribed by the relevant legislation. The exact penalties would be determined in accordance with the provisions of the VEA and any related regulations.

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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.