EXPLANATORY STATEMENT
Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2024
EMPOWERING PROVISION
Subsection 88A(2) of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2024 (the 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 2026 and the closing date of the provision of treatment under the Program by twenty four months to 31 December 2026.
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 $10.2 million in funding has been provided under the 2024-2025 Budget Measure Continuing Veterans’ Access to Health and Support to extend the Program into the 2024-2025 and 2025-2026 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 2024, the intake period of the Program is being extended by a further twenty four months to 1 July 2026.
Flowing from the extended intake period, the provision of treatment has also been extended by twenty four months to 31 December 2026. The extension will enable DVA to capitalise on additional resourcing provided to address unprecedented increases in claims and improve target claim processing times. The extension allows the Program participants to continue to receive treatment while their claim is being determined.
Explanation of Provisions
Section 1 states the name of the Instrument.
Section 2 provides that the Instrument commences on the day after registration.
Section 3 sets out the authority for the Repatriation Commission making the Instrument, namely subsection 88A(2) of the Veterans’ Entitlements Act 1986 (VEA).
Section 4 is a standard provisions used in instruments that amend or repeal other instruments. It gives effective to Schedule 1.
Schedule 1 - Amendments
Item 1 omits from section 4 of the Principal Instrument the reference to “1 July 2024” and substitutes a reference to “1 July 2026”.
Item 2 omits from paragraph 7 of the Principal Instrument the reference to “following class of person” and substitutes a reference to “following class of people”.
Item 3 omits from paragraph 7(1)(a) of the Principal Instrument the reference to “1 July 2024” and substitutes a reference to “1 July 2026”.
Item 4 omits from subparagraph 7(1)(d)(ii) of the Principal Instrument the reference to “1 July 2024” and substitutes a reference to “1 July 2026”.
Item 5 omits from paragraph 8(a) of the Principal Instrument the reference to “1 July 2024” and substitutes a reference to “1 July 2026”.
Item 6 omits from paragraph 9(1)(c) of the Principal Instrument the reference to “the trial period from 1 July 2017 to 31 December 2024” and substitutes a reference to “the period between 1 July 2017 and 31 December 2026”.
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.
Impact Analysis
The Office of Impact Analysis (OIA) within the Department of Prime Minister and Cabinet has been consulted about the proposed amendments. OIA assessed the proposal as no more than minor a Detailed Impact Analysis was not required.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2024
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.
Overview of the Disallowable Legislative Instrument
The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2024 (the 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 2026 and the closing date of the provision of treatment under the Program by twenty four months to 31 December 2026. This will allow new clients to register for treatment under the Program during the extension period, thereby extending the treatment period for new and existing clients.
Human rights implications
The Disallowable Legislative Instrument engages, and is compatible with, the Right to Health contained in article 12 of the International Covenant on Economic Social and Cultural Rights (ICESCR).
Article 12 of the ICESCR promotes the right of all individuals to enjoy the highest attainable standard of physical and mental health.
The United Nations Committee on Economic, Social and Cultural Rights has stated in General Comment 14 (2000) that health is a ‘fundamental human right indispensable for the exercise of other human rights’ and that the right to health is not to be understood as the right to be healthy, but rather entails a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.
Conclusion
The Disallowable Legislative Instrument is compatible with human rights because it 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.
Repatriation Commission
Rule-Maker