EXPLANATORY STATEMENT
Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2020 (Instrument 2020 No. R11)
EMPOWERING PROVISION
Subsection 88A(2) of the Veterans’ Entitlements Act 1986 (VEA).
PURPOSE
The attached instrument (Instrument 2020 No. R11) amends the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 (the determination) to extend the intake period of the Provisional Access to Medical Treatment Trial (the Trial) by 3 months to 1 July 2020 and the closing date of the provision of treatment under the Trial by six months to 31 December 2020.
The 2017–2018 Budget provided funding for an initiative to provide provisional access to medical treatment for a “top 20” list of specified conditions. An additional $1.2 million in funding has been provided to extend the Trial into the 2020-21 financial year.
The Trial consists of two stages. Firstly, the registration (intake) stage where clients register to access medical treatment. Secondly, the access to treatment stage where the Department of Veterans’ Affairs (DVA) pays for treatment that has been provided to a person who has registered for the Trial.
This trial was scheduled to cease 30 June 2020, with an evaluation to be provided to the Government for their consideration in the Budget context. Given the rescheduling of the 2020-21 Budget to October 2020 in light of the COVID-19 Pandemic the intake period of the Trial is being extended by a further three months to 1 July 2020.
Flowing from this, the provision of treatment has been extended by six months to 31 December 2020, which reflects changing processing times and capacity amid unprecedented increases in claims intakes as well as workforce capacity within the COVID-19 pandemic environment. The purpose of this extension until 31 December is to allow participants to continue to receive treatment while their claim is being determined.
During the period of the Trial the purpose of the staggered closing dates has been to allow participants to continue to receive treatment while their claim is being determined.
The extension will also provide a longer period for data collection, analysis and client feedback to produce a comprehensive evaluation of the Trial. The evaluation will help inform decisions in relation to the ongoing viability of the Trial past 30 June 2020.
CONSULTATION
Section 17 of the Legislation Act 2003 requires the rule-maker to be satisfied that any consultation that is considered appropriate and reasonably practicable to undertake, has been undertaken.
Consultation has occurred within DVA concerning the extension of the Trial. The proposed extension continues access to the Trial and is consistent with how DVA has provided treatment under the Trial since it commenced on 1 July 2017. Consequently, the additional consultation that occurred during the development of the original beneficial legislative instrument is considered as still relevant for the purposes of the extension.
The measure implemented by this instrument is entirely beneficial in nature in terms of its impact on Australian Defence Force members and former members.
In these circumstances it is considered that the requirements of section 17 of the Legislation Act 2003 have been met.
DOCUMENTS INCORPORATED BY REFERENCE
None.
REGULATORY IMPACT
Nil.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached legislative instrument engages and promotes the Right to Health.
Human rights implications
The Right to Health is 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.
Overview
The instrument varies the determination to extend the intake period of the Trial by a further 3 months to 1 July 2020 and the provision of treatment by six months to 31 December 2020. This will allow new clients to register for treatment under the Trial during the extension period, and extend the treatment period for those people as well as existing clients.
Conclusion
The attached instrument promotes the Right to Health by extending the intake period and the provision of treatment under the Trial. DVA clients will benefit from the extension as they will be able to access medical treatment by participating in the Trial. The attached instrument also confirms treatment is to continue under the Trial while an appeal or review is being undertaken. Accordingly, the attached instrument is considered to be “human rights compatible”
Repatriation Commission
Rule-Maker
FURTHER EXPLANATION OF PROVISIONS
See: Attachment A
Attachment A
FURTHER EXPLANATION OF PROVISIONS
Section 1
This section provides that the name of the instrument is the Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2020.
Section 2
This section provides that the instrument commences on 1 April 2020.
Section 3
This section sets out the primary legislation that authorises the making of the instrument, namely subsection 88A(2) of the Veterans’ Entitlements Act 1986 (VEA).
Section 4
This section provides that the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 is varied in accordance with the items in the Schedule to this instrument.
Schedule
Variations to the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017
Item 1
This item omits from section 4 the reference to “1 April 2020” and substitutes a reference to “1 July 2020”.
Item 2
This item omits from paragraph 7(1)(a) the reference to “1 April 2020” and substitutes a reference to “1 July 2020”.
Item 3
This item omits from subparagraph 7(1)(d)(ii) the reference to “1 April 2020” and substitutes a reference to “1 July 2020”.
Item 4
This item omits from paragraph 8(a) the reference to “1 April 2020” and substitutes a reference to “1 July 2020”.
Item 5
This item omits paragraph 9(1)(c) the reference to “30 June 2020” and substitutes a reference to “31 December 2020”.