Veterans' Entitlements (Provision of Treatment) Amendment Act 1992

Overview

The Veterans’ Entitlements (Provision of Treatment) Amendment Act 1992 was enacted by the Parliament of Australia to address specific gaps in the provision of treatment under the Veterans’ Entitlements Act 1986. This amendment Act introduced measures to enhance the administration of treatment provisions for eligible veterans by allowing the Repatriation Commission to determine and amend principles governing the provision of treatment to eligible persons as private patients. The policy objective of this amendment was to ensure that treatment for veterans is provided in a manner that aligns with the Repatriation Private Patient Principles, where applicable, and to allow for flexibility in the treatment approval process based on these principles. The Act also established mechanisms for the application and binding effect of these principles in specified states or territories.

Scope and Application

The Veterans’ Entitlements (Provision of Treatment) Amendment Act 1992 amends the Veterans’ Entitlements Act 1986 to enhance the framework governing the provision of medical treatment to eligible veterans and their families. This Act applies to the Repatriation Commission, which is responsible for the administration of veterans' entitlements, and to eligible persons who are entitled to treatment under the Principal Act. The legislation extends to the entire Commonwealth of Australia and is applicable to the provision of treatment for eligible veterans in both public and private healthcare settings. The Act includes provisions for the determination and amendment of Repatriation Private Patient Principles, which dictate the conditions under which treatment is provided to eligible persons as private patients. Notably, the Act mandates that if treatment can be provided in accordance with this Part of the Principal Act, the Commission must take reasonable steps to ensure such treatment is provided. Furthermore, the Act allows the Commission to declare that the Repatriation Private Patient Principles will apply in specified states or territories, binding the Commission to these principles when exercising its powers and discretions in those jurisdictions. The Act's application can be extended or restricted through subordinate instruments, such as notices published in the Gazette or instruments determining or amending the Repatriation Private Patient Principles, subject to ministerial approval.

Key Provisions

The Veterans' Entitlements (Provision of Treatment) Amendment Act 1992 amends the Veterans’ Entitlements Act 1986, primarily concerning the provision of treatment to eligible veterans. Section 5 of the Principal Act is amended to include a new definition for 'Repatriation Private Patient Principles' (section 5q(1)). Section 84 of the Principal Act is amended to require the Commission to take reasonable steps to ensure treatment is provided consistently with the Act if it could be provided (section 84(1a)), and to exempt certain treatments from the requirement for Commission approval under specific circumstances (section 84(2a)). A new section, 90a, is inserted to allow the Commission to determine principles governing the provision of treatment to eligible persons as private patients, subject to ministerial approval (section 90a). Section 90B allows the Commission to declare the application of these principles to specific States or Territories (section 90B(1)). If certain provisions of this Act are repealed, section 90a of the Principal Act is also repealed (section 7). The Act imposes obligations on the Commission to ensure treatment is provided according to the Act and to take reasonable steps to facilitate this, particularly in relation to private patient treatment (section 84(1a)). The Commission must also determine and amend principles governing the provision of treatment as private patients, subject to ministerial approval (section 90a(1)-(4)). Furthermore, the Commission is required to make these principles available upon request and payment of any prescribed fee (section 90a(7)). When the Commission declares that the Repatriation Private Patient Principles apply to a specified State or Territory, these principles become binding on the Commission in the exercise of its powers and discretions in relation to the provision of treatment in that State or Territory (section 90B(2)). Breaches of the Act may result in various civil or criminal consequences depending on the nature of the violation. For instance, failure to comply with the requirements to provide treatment as specified in the Act, or non-compliance with the determination or amendment of principles by the Commission, could potentially result in legal action. While the Act itself does not explicitly state the maximum penalties for breaches, other relevant legislation, such as the Acts Interpretation Act 1901, may provide for penalties. These could include fines or other civil penalties for administrative breaches and more severe criminal penalties for intentional or reckless violations.