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).
Overview
The Veterans’ Entitlements Treatment (Anxiety and Depressive Disorders) Amendment Determination 2014 amends the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004 to expand the types of health care providers who can diagnose anxiety and depressive disorders for the purposes of non-liability health care under the Veterans’ Entitlements Act 1986. Previously, only psychiatrists could diagnose these conditions to enable veterans to receive treatment without needing to establish a link to their service. This amendment allows general practitioners and clinical psychologists to also diagnose these conditions, thus facilitating greater access to treatment. The change responds to the finding that the previous restriction to psychiatrists was too limiting and was inhibiting veterans from seeking treatment. The amendment was enacted as a matter of urgency without consultation due to the pressing need to increase access to treatment for these conditions, which are a high priority for the government.
The policy objective of this amendment is to promote the right to health by ensuring that veterans suffering from anxiety and depressive disorders can access treatment without the need to establish a link to their service, thereby advancing their health. The changes align with article 12(1) of the International Covenant on Economic, Social and Cultural Rights, which recognises the right to the highest attainable standard of health. The amendment is considered compatible with human rights as it aims to enhance the health of entitled persons by broadening the scope of health care providers who can diagnose these conditions.
Scope and Application
The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Amendment Determination 2014 is a legislative instrument that modifies the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004, which sets out the eligibility criteria for veterans seeking treatment for anxiety or depressive disorders under the Department of Veterans' Affairs (DVA). The amendment expands the category of healthcare providers who can diagnose these conditions to include general practitioners and clinical psychologists, in addition to psychiatrists. This change is intended to facilitate more accessible treatment options for veterans, removing the requirement for a psychiatrist's diagnosis and thereby reducing barriers to receiving non-liability health care for these mental health conditions. The amendment applies to all veterans who are entitled persons under the Veterans' Entitlements Act 1986 and is intended to promote the right to health as enshrined in the International Covenant on Economic, Social and Cultural Rights.
Key Provisions
The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Amendment Determination 2014 (the Amendment Determination) primarily revises the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination R23/2004 (the Principal Instrument) to expand the scope of health care providers who can diagnose anxiety and depressive disorders in veterans, thereby facilitating their eligibility for non-liability health care under the Department of Veterans’ Affairs (DVA) (sections 1-2). Specifically, it now permits general practitioners and clinical psychologists, in addition to psychiatrists, to diagnose these conditions for treatment purposes (Schedule, Items 1-2).
The Amendment Determination imposes several obligations on the parties it governs. Primarily, it mandates that the DVA must recognise diagnoses made by general practitioners and clinical psychologists for the purposes of treatment eligibility, expanding the pool of professionals who can authorise treatment for anxiety and depressive disorders (Schedule, Items 1-2). This change is intended to ease the pathway for veterans to access necessary mental health care without the previously required link to military service, streamlining the process and potentially increasing the number of veterans who seek and receive treatment.
Breach of the provisions within the Amendment Determination may result in legal consequences, although specific offences and penalties are not detailed within the Explanatory Statement. However, given the context of the legislation and the nature of amendments to treatment eligibility criteria, non-compliance by health care providers or the DVA could lead to civil or administrative penalties. For instance, if the DVA fails to recognise valid diagnoses from authorised health care providers, it could face legal challenges or sanctions for not adhering to the amended eligibility criteria. Conversely, health care providers who do not adhere to the stipulated qualifications for diagnosing these conditions may also face repercussions, potentially including professional sanctions or civil liabilities for incorrect diagnoses.
The Amendment Determination is designed to promote the Right to Health, as outlined in Article 12(1) of the International Covenant on Economic, Social and Cultural Rights. By enabling more health care providers to diagnose and treat anxiety and depressive disorders in veterans, the legislation aims to enhance access to necessary mental health care, thereby advancing the health and well-being of entitled persons. This change is considered compatible with human rights, as it removes barriers to treatment and ensures that veterans can receive timely and appropriate care for their mental health conditions.