Veterans’ Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026

Administered by Department of Veterans' Affairs

Legislation au F2026L00714 In force Legislative Instrument

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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

Overview

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026 was enacted to address the need for continued provisional access to medical treatment for veterans while their claims for specific medical conditions are being assessed. The legislation amends the Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 to extend the intake period of the Provisional Access to Medical Treatment Program by twelve months to 30 June 2027, and the closing date for the provision of treatment under the program by twelve months to 31 December 2027. This extension was made to allow further analysis of the impacts of legislative reform on claim processing times and to ensure veterans can continue to receive necessary treatment during this period. The Repatriation Commission, established under the Veterans’ Entitlements Act 1986, made this determination under the authority granted by subsection 88A(2) of the Act. The policy objective of this amendment is to support veterans' health by providing provisional treatment during the assessment of their claims, thereby promoting the right to health as recognised under international human rights instruments.

Scope and Application

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026 applies to veterans who have made a claim for liability in relation to specified medical conditions and need provisional access to treatment while their claim is being determined. This instrument amends the existing Veterans' Entitlements (Provisional Access to Medical Treatment) Determination 2017 to extend the intake period and the closing date for the provision of treatment under the Provisional Access to Medical Treatment Program. The Amendment Determination extends the intake period by twelve months to 30 June 2027 and the closing date for the provision of treatment by twelve months to 31 December 2027. The Repatriation Commission, under subsection 88A(2) of the Veterans' Entitlements Act 1986, makes this instrument to ensure that veterans can continue to receive provisional medical treatment during the period while their claim is being assessed. This extension allows the Department of Veterans’ Affairs to further evaluate the impact of legislative reform on the claim processing times for the conditions covered by the Program. The geographic and jurisdictional reach of this instrument is consistent with the scope of the Veterans’ Entitlements Act 1986, applying across Australia, and affects all veterans eligible for provisional access to medical treatment under the Program. There are no specific exclusions, exemptions, or thresholds identified within the Amendment Determination, though the scope of eligibility for provisional treatment is inherently defined by the conditions listed in the Principal Instrument. Any further refinements to eligibility or operational aspects of the Program may be addressed through subordinate instruments or guidelines issued by the Department of Veterans’ Affairs.

Key Provisions

The Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026 primarily serves to extend the duration of the Provisional Access to Medical Treatment Program by twelve months. Specifically, section 2 of the Determination states that it commences on 30 June 2026. The intake period for registering with the Program is extended until 30 June 2027, and the period during which treatment can be provided under the Program is extended until 31 December 2027 (Schedule 1, Items 1, 2, 3, 4, and 5). This amendment follows consultations with the veteran community and aligns with recommendations from the Royal Commission into Defence and Veteran Suicide. The obligations imposed by the Determination primarily concern the Department of Veterans’ Affairs (DVA) and the Repatriation Commission. The DVA is required to continue providing provisional medical treatment to eligible veterans during the extended period. The Repatriation Commission, which oversees the Program, must ensure that the amendments are implemented correctly and that the Program operates within the extended timeframes. The Commission also needs to ensure that the Program remains aligned with any legislative reforms affecting veterans’ claims. Under the Determination, any breach of the requirements set forth could lead to legal consequences. While the Determination itself does not specify particular offences or penalties, breaches of related provisions in the Veterans’ Entitlements Act 1986 could result in civil or criminal penalties. For instance, fraudulent claims or misuse of entitlements could lead to fines or imprisonment. The specific penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework. In summary, the Veterans' Entitlements (Provisional Access to Medical Treatment) Amendment Determination 2026 extends the intake and treatment periods for the Program, aligning with human rights obligations by ensuring veterans have timely access to necessary medical treatment. The Determination places obligations on the DVA and the Repatriation Commission to manage the Program effectively within the new timeframes, and any breaches could result in legal consequences under the broader legislative framework.

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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.