Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2022

Administered by Department of Veterans' Affairs

Legislation au F2022L00923 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2022 (Instrument 2022 No. R10)

 

EMPOWERING PROVISION

Subsection 88A(2) of the Veterans’ Entitlements Act 1986 (VEA).

PURPOSE

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2022 (Instrument 2022 No. R10) (the Amendment Instrument) amends the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 (the Principal Instrument) to extend the intake period of the Provisional Access to Medical Treatment Program (the Program) by twenty four months to 1 July 2024 and the closing date of the provision of treatment under the Program by twenty four months to 31 December 2024.

The 2017–2018 Budget provided the original funding for an initiative to provide provisional access to medical treatment for a “top 20” list of specified conditions.  It enables certain persons to receive treatment (provisional treatment) for a specified condition during the period from the time the person has made a claim for liability and before liability for that claim has been determined.

Following previous extensions an additional $33.6 million in funding has been provided under the 2022-2023 Budget Measure “Supporting veteran wellbeing through early access to medical treatment” to extend the Program into the 2022-23 and 2023-2024 financial years.

The Program 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 Program.  

While the current extension of the provision of treatment under the Program was scheduled to cease 31 December 2022, the intake period of the Program is being extended by a further twenty four months to 1 July 2024.

Flowing from the extended intake period, the provision of treatment has also been extended by twenty four months to 31 December 2024, which reflects 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 is to remove barriers and allow participants to continue to receive treatment while their claim is being determined.

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 Program.  The proposed extension continues access to the Program and is consistent with how DVA has provided treatment under the Program 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.

RETROSPECTIVITY

Not applicable.

DOCUMENTS INCORPORATED BY REFERENCE

None.

REGULATORY IMPACT

Nil as previously determined for the earlier extensions.

FURTHER EXPLANATION OF PROVISIONS

See: Attachment A

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 Program by a further twenty four months to 1 July 2024 and the provision of treatment by twenty four months to 31 December 2024. This will allow new clients to register for treatment under the Program 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 Program. DVA clients will benefit from the extension as they will be able to access medical treatment by participating in the Program.

Accordingly, the attached instrument is considered to be “human rights compatible”

 

Repatriation Commission

Rule-Maker

 

 


 

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 2022.

Section 2

This section provides that the instrument commences on 1 July 2022.

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 Schedule 1 to this instrument, and any other item in Schedule 1 to this instrument has effect according to its terms.

Schedule 1- Amendments

Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017

The following amendments to the Veterans’ Entitlement (Provisional Access to Medical Treatment) Determination 2017 (the Principal Instrument) relate to the extension of the provision of treatment under the Provisional Access to Medical Treatment Program (the Program).  The intake period of the Program is being extended by a further twenty four months to 1 July 2024 and the provision of treatment has also been extended by twenty four months to 31 December 2024.

Item 1

This item omits from section 4 of the Principal Instrument the reference to “1 July 2022” and substitutes a reference to “1 July 2024”.

Item 2

This item omits from paragraph 7(1)(a) of the Principal Instrument the reference to “1 July 2022” and substitutes a reference to “1 July 2024”.

Item 3

This item omits from subparagraph 7(1)(d)(ii) of the Principal Instrument the reference to “1 July 2022” and substitutes a reference to “1 July 2024”.

Item 4

This item omits from paragraph 8(a) of the Principal Instrument the reference to “1 July 2022” and substitutes a reference to “1 July 2024”.

Item 5

This item omits from paragraph 9(1)(c) of the Principal Instrument the reference to “31 December 2022” and substitutes a reference to “31 December 2024”.

Overview

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2022 was enacted to address the need for continued provisional access to medical treatment for Australian Defence Force members and former members while their claims for liability are being determined. This legislative instrument, issued under the authority of subsection 88A(2) of the Veterans’ Entitlements Act 1986, extends the intake period of the Provisional Access to Medical Treatment Program from the original 1 July 2022 to 1 July 2024, and the closing date for the provision of treatment from 31 December 2022 to 31 December 2024. The extension was prompted by the substantial increase in claims intakes and workforce capacity issues arising from the COVID-19 pandemic, ensuring that participants can continue to receive necessary treatment without interruption. The Department of Veterans’ Affairs has consulted internally regarding this extension, finding it consistent with the program's original design and implementation. This measure is entirely beneficial, promoting the Right to Health as outlined in the International Covenant on Economic, Social and Cultural Rights, thereby supporting the wellbeing of veterans during the critical period of claim determination.

Scope and Application

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2022, which is made under the authority of subsection 88A(2) of the Veterans’ Entitlements Act 1986 (VEA), amends the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017. The amendment extends the intake period for the Provisional Access to Medical Treatment Program (the Program) from 1 July 2022 to 1 July 2024 and the closing date for the provision of treatment under the Program from 31 December 2022 to 31 December 2024. This extension ensures that Australian Defence Force members and former members can continue to receive provisional treatment for specified conditions while their claims are being determined, thereby promoting the Right to Health as outlined in the International Covenant on Economic Social and Cultural Rights. The Program consists of two stages: the registration stage, where clients can register for the Program, and the treatment stage, where the Department of Veterans’ Affairs (DVA) pays for treatment provided to registered individuals. This extension reflects the processing times and capacity required due to increased claims intakes and the impact of the COVID-19 pandemic. The instrument does not apply retrospectively and has no regulatory impact, as previously determined for the earlier extensions.

Key Provisions

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2022 (Instrument 2022 No. R10) primarily extends the duration of the Provisional Access to Medical Treatment Program, governed under section 88A(2) of the Veterans’ Entitlements Act 1986 (VEA) (Section 3). The Amendment Instrument modifies the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 to extend the intake period for the Program by twenty four months to 1 July 2024 (Section 4, Item 1) and the closing date for treatment provision under the Program by twenty four months to 31 December 2024 (Section 4, Item 5). These amendments are intended to facilitate continued access to provisional medical treatment for eligible individuals during the extension period (Section 4, Item 2, Item 4). The changes outlined in Schedule 1 ensure that the Program remains operational and accessible until the specified dates. The Amendment Determination imposes specific obligations on the Department of Veterans’ Affairs (DVA) and eligible participants in the Program. For the DVA, these obligations include ensuring that the Program remains operational and accessible as per the extended dates (Section 4, Items 1, 4, 5). Eligible participants must adhere to the new timeframes for registration and treatment, ensuring that their claims and treatments fall within the extended period (Section 4, Items 1, 5). The DVA is also responsible for managing the intake and processing of claims within the extended timeframe, which includes updating relevant documentation and systems to reflect the new dates (Section 4, Items 2, 3). The legislation does not explicitly outline specific offences or penalties for breaches of the Amendment Determination. However, any non-compliance by the DVA or participants in adhering to the extended Program dates could potentially lead to administrative issues or delays in treatment. While the Amendment Determination itself does not prescribe penalties, general principles under the VEA may apply, which could involve administrative or legal consequences for non-compliance with the requirements set out in the determination.

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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.