EXPLANATORY STATEMENT
Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026
EMPOWERING PROVISION
The Repatriation Commission makes this instrument under subsection 88A(2) of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
This instrument amends the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 (the Principal Instrument).
OVERVIEW
The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026 (the Instrument) amends the Principal Instrument to extend the intake period of the Provisional Access to Medical Treatment Program (the Program) by twelve months to 30 June 2027 and the closing date of the provision of treatment under the Program by twelve months to 31 December 2027.
The 2017-18 Budget provided for an initiative to provide veterans with provisional access to medical treatment for a “top 20” list of specified conditions. It enables certain veterans to receive treatment (provisional treatment) for a specified condition during the period from the time the person has made a claim for liability for the condition and before liability for that claim has been determined.
The Program consists of two stages. Firstly, the registration (intake) stage where clients register to access provisional medical treatment and 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 their claim is being determined.
In Budget 2026-27 the intake period of the Program is being extended by twelve months to 30 June 2027.
Flowing from the extended intake period, the provision of treatment has also been extended by twelve months to 31 December 2027.
The extension will provide time to evaluate the effect that veterans’ legislative reform has on the claim processing times for the conditions covered by the Program. 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 30 June 2026.
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 provision used in instruments that amend or repeal other instruments. It gives effect to Schedule 1.
Schedule 1 – Amendments
Item 1 omits from section 4 of the Principal Instrument the reference to “1 July 2026” and substitutes a reference to “1 July 2027”.
Item 2 inserts to section 5 of the Principal Instrument “or, for determinations made from 30 June 2026, section 370CC of the MRCA” after “Statement of Principles means a determination made by the Repatriation Medical Authority, for the purposes of the Act and the MRCA, under subsection 196B(3) of the Act”. This is a technical amendment required due to the establishment provisions regarding the Repatriation Medical Authority moving from the Act to the Military Rehabilitation and Compensation Act 2004, or MRCA, on 1 July 2026.
Item 2 omits from paragraph 7(1)(a) of the Principal Instrument the reference to “1 July 2026” and substitutes a reference to “1 July 2027”.
Item 3 omits from subparagraph 7(1)(d)(ii) of the Principal Instrument the reference to “1 July 2026” and substitutes a reference to “1 July 2027”.
Item 4 omits from paragraph 8(a) of the Principal Instrument the reference to “1 July 2026” and substitutes a reference to “1 July 2027”.
Item 5 omits from paragraph 9(1)(c) of the Principal Instrument the reference to “31 December 2026” and substitutes a reference to “31 December 2027”.
Consultation
The introduction of the program followed consultations with the veteran community during veteran-centric reform activities undertaken in 2016-17. The Royal Commission into Defence and Veteran Suicide recommended (Recommendation 96) that provisional access to medical treatment be made available on an ongoing basis. The extension ensures continued access to the Program while further analysis of the impacts of legislative reform is undertaken. The program is beneficial in nature and the consultation that occurred during the development of the original beneficial legislative instrument is considered still relevant for the purposes of the extension.
Documents incorporated by reference
There are no documents incorporated by reference.
Human rights implications
This instrument 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 Repatriation Commission.
Approved by
Repatriation Commission
Rule-maker
Attachment A
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 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 (Provisional Access to Medical Treatment) Amendment Determination 2026 (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 twelve months to 30 June 2027 and the closing date of the provision of treatment under the Program by twelve months to 31 December 2027.
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.
The Instrument engages with this Right by providing health care to veterans with a medical condition while their liability claim in relation to the condition is being assessed by the Department of Veterans’ Affairs. This ensures costs of treatment are provided in the period before liability for treatment costs is accepted. This assist veterans in achieving early access to treatment and consequently the best possible health outcomes.
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.
Repatriation Commission
Rule-Maker