EXPLANATORY STATEMENT
Veterans’ Entitlements Treatment (Anxiety and Depressive Disorders) Amendment Determination 2014
EMPOWERING PROVISIONS
The Veterans’ Entitlements Act 1986 (the Act or VEA) – subsection 88A(2).
PURPOSE
The attached instrument (2014 No.R114) varies provisions in the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004 (the Principal Instrument).
The Principal Instrument is a legislative instrument that sets out the circumstances in which a veteran (entitled person) is eligible for treatment under Department of Veterans’ Affairs (DVA) arrangements for an anxiety disorder or a depressive disorder or both.
The treatment of the relevant conditions is known as “non-liability health care”. This means that a veteran diagnosed with a relevant condition does not need to establish a link between the condition and service in order for DVA to pay for treatment of the condition.
The purpose of the variations to the Principal Instrument is to enable an anxiety disorder or a depressive disorder to be diagnosed by a general practitioner (a medical practitioner who is a general practitioner) or by a clinical psychologist, in addition to being diagnosed by a psychiatrist (which is the current position).
The terms “general practitioner” and “clinical psychologist” are defined in the attached instrument by reference to the Treatment Principles. Under the Treatment Principles “general practitioner” is further defined by reference to subsection 3(1) of the Health Insurance Act 1973.
It was found that limiting the health care providers who could diagnose the relevant conditions to a psychiatrist proved too restrictive and inhibiting on enabling entitled persons to seek treatment for their conditions.
Accordingly the Principal Instrument has been varied to enable DVA to be able to pay for treatment of a relevant condition if the condition has been diagnosed by a general practitioner or a clinical psychologist. A psychiatrist is still able to diagnose one of the relevant conditions.
Treatment of mental health conditions of service and ex service personnel is a high Government priority. By enabling general practitioners and clinical psychologists to diagnose the relevant conditions the potential for treatment of these conditions is significantly increased.
CONSULTATION
No. The measures are required as a matter of urgency. Increased access to treatment is in issue. It is noted that under paragraph 18(2)(b) of the Legislative Instruments Act 2003 an example of a situation where consultation may be inappropriate in relation to a legislative instrument is where the instrument is required as a matter of urgency.
In any event, the measures are beneficial and interested parties could reasonably be expected to agree to them.
RETROSPECTIVITY
None.
DOCUMENTS INCORPORATED-BY-REFERENCE
No.
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 contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.
The changes made by the attached instrument are intended to advance the health of an entitled person in that if the person suffers from one of the relevant conditions he or she will no longer need to have the condition diagnosed by a psychiatrist in order for the condition to be treated under the Principal Instrument, the diagnosis of a general practitioner or clinical psychologist will suffice.
It is considered that the attached legislative instrument is compatible with Human Rights.
Michael Ronaldson
Minister for Veterans’ Affairs
Rule-Maker
FURTHER EXPLANATION OF NEW PROVISIONS
See: Attachment A
Attachment A
Section [1]
This section sets out the name of the instrument - Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Amendment Determination 2014.
Section [2]
This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Schedule
This Schedule varies the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004.
Items 1 and 2
These are definitions sections and are the provisions that have the effect of enabling, in conjunction with other provisions, the diagnosing of the relevant conditions by a general practitioner or a clinical psychologist (or a psychiatrist).