EXPLANATORY STATEMENT
Veterans’ Entitlements (Eligibility for Treatment—Improved Access to Treatment for Tinnitus) Determination 2026
EMPOWERING PROVISION
The Repatriation Commission makes this instrument under subsection 88A of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
This instrument defines the specified class of persons that are eligible for the treatment under the Improved Access to Treatment for Tinnitus Pilot.
OVERVIEW
The Australian Government is prioritising a treatment first approach to veterans’ conditions to ensure improved recovery, reduced risk of long-term disability and lead to better health and wellbeing outcomes. At the 2025-26 MYEFO, the Government agreed to a measure to improve veteran access to treatment, which included a focus on the delivery of tinnitus assessment and treatment. The first deliverable of this work to improve treatment is a pilot to support the assessment and treatment of tinnitus.
Some veterans who are diagnosed with tinnitus may not achieve successful outcomes with conventional treatment. There are several proven treatment options available to help in the management of the condition including newer, more advanced tinnitus treatment therapies that could significantly reduce the symptoms and impacts of severe tinnitus.
Hearing Australia will conduct the pilot, called Improved Access to Treatment for Tinnitus, for current or former serving members who have a claim accepted for service-related tinnitus. Up to 12 months of advanced clinical treatment will be provided to improve the hearing and quality of life of the Pilot participants. Individuals will be referred for a diagnostic assessment of their tinnitus, after which they may be referred to one of two treatment programs based on the severity of their symptoms.
To support the implementation of this measure, the Veterans' Entitlements (Eligibility for Improved Access to Treatment for Tinnitus) Determination 2026 will define veterans and current serving members that are eligible for this tinnitus treatment.
EXPLANATION OF PROVISIONS
Section 1 states the name of the instrument.
Section 2 states the commencement date of the instrument to be 17 March 2026. This date is the date that the relevant arrangement, between DVA and Hearing Australia, was entered into. This arrangement provides for the specified kind of treatment that is defined in Section 6 of this instrument.
The commencement date is retrospective from the date the instrument was signed to correspond with the arrangement commencement date. The effect of the retrospective commencement is minor, noting that the first service under the arrangement will be provided to veterans after the instrument is signed. The retrospectivity will not disadvantage any person, nor have the impact of a liability being imposed on any person.
Section 3 sets out the authority for the Repatriation Commission making the instrument, namely section 88A of the Veterans’ Entitlements Act 1986 (VEA).
Section 4 is a standard provision that provides a list of definitions to clarify the operation of the instrument. This includes:
The definition of ‘Act” to refer to the Veterans’ Entitlements Act 1986, which provides the authority for which this instrument is made.
‘Commission’ to mean the Military Rehabilitation and Compensation Commission.
‘MRCA’ to mean the Military Rehabilitation and Compensation Act 2004.
‘Specified Condition’ refers specifically to tinnitus for the purposes of this measure, and is defined in a Statement of Principles.
‘Statement of Principles’ defines the determination made under the legislative authority of s196B(3) of the Veterans’ Entitlements Act 1986.
Section 5 – Specified Class of Persons
This item defines the specified class of persons that this instrument refers to and is applicable to and is made under the legislative authority of subsection 88A(1) of the Act. It includes veterans and currently serving members that have made an accepted a claim for tinnitus that is accepted by the Commission and where they have also made a related claim for compensation for that tinnitus that has yet to be determined by the Commission.
Section 6 – Specified Kind of Treatment
This item describes the kind of treatment that will apply to the specified classes of persons described in Section 5. The definition of the treatments available and the conditions under which they are provided is defined in the Improved Access to Treatment for Tinnitus arrangement between DVA and Hearing Australia.
Consultation
Consultation with the Department of Finance
The Department of Finance was consulted as part of the process to bring forward a submission for consideration at 2025-26 MYEFO. The instrument was brought forward following the announcement of the initiative at the 2025-26 MYEFO.
Consultation with Hearing Australia
DVA consulted extensively with Hearing Australia to co-design the 12-month IATT pilot for DVA referred clients. The IATT seeks to simplify and reduce the complexity of the current tinnitus referral and management pathway.
DVA identified the need to clarify the cohorts entitled to IATT treatment, as it included not only veterans with an existing DVA entitlement, but also current serving members where their entitlements for DVA-funded treatment were not clear. DVA concluded a determination under section 88A of the Veterans’ Entitlements Act 1986 could serve to clearly define the eligible cohorts in scope of the IATT.
Consultation with External Parties
DVA did not consult with the veteran/defence community on the drafting of the Determination. The intent of the Determination is to provide clarity by defining the IATT cohort, which provides a benefit to those identified as eligible. The Determination also provides clarity regarding current serving members’ entitlement to treatment when seeking a permanent impairment determination for tinnitus.
DVA did not consult with other external parties i.e., audiologists and peak bodies, as the IATT is a 12-month pilot. The IATT is piloting a formalised arrangement for the delivery of evidence-based tinnitus assessment and treatment services that were previously delivered through ad-hoc arrangements between DVA, Hearing Australia and other hearing providers. The IATT, when concluded, will inform DVA on future opportunities in the delivery of these services, for example future procurement options or program design.
Human rights implications
This instrument provides tinnitus assessment and treatment to eligible classes of people as defined under the Veterans’ Entitlements Act 1986. It is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Making the instrument
The instrument is made by the First Assistant Secretary of the Policy and Research Division, in their capacity as a delegate of the Repatriation Commission.
Attachment A
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans' Entitlements (Eligibility for Improved Access to Treatment for Tinnitus) Determination 2026
This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (the recognised rights).
Overview of the Disallowable Legislative Instrument
The Veterans' Entitlements (Eligibility for Improved Access to Treatment for Tinnitus) Determination 2026 (the Instrument) defines the specified class of persons that are eligible for the treatment and specifies the treatment they are eligible for under the Improved Access to Treatment for Tinnitus pilot.
Human rights implications
The Instrument engages and promotes the right to health (the right) contained in article 12 of the International Covenant on Economic Social and Cultural Rights (the ICESCR).
The right is to be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the individual to realise their highest attainable standard of health. This, in turn, means that payment for health care services, as well as services related to the underlying determinants of health, must be based on the principle that the services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups.
The United Nations Committee on Economic, Social and Cultural Rights has said that accessibility is an essential element of the right to health.[1] For health facilities to be accessible, they should be made available to all, without discrimination on any of the prohibited grounds.
This Instrument is made to promote the spirit of the right. It defines a section of the community to enable them access to specialised health services in recognition of their increased exposure to factors that can have an adverse affect on their hearing, This instrument enables the delivery of tailored and focused treatment to veterans and serving personnel to ensure early diagnosis, improved recovery, reduced risk of long-term disability and better health and wellbeing outcomes.
Conclusion
The Instrument is compatible with the recognised rights as it promotes the right to health and does not limit any recognised rights.
Repatriation Commission
Rule-Maker
[1] Committee on Economic, Social and Cultural Rights, General Comment No 14: The right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights, 22nd sess, UN Doc E/C.12/2000/4 (11 August 2000) 4–5 [12]–[13].