EXPLANATORY STATEMENT
Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination (made under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986)
PURPOSE
The attached instrument is a legislative instrument that has been re-made. Had the instrument not been re-made, it would have been automatically repealed on
1 October 2015.
Subsection 26(1B) of the Legislative Instruments Act 2003 provides that the requirement for an explanatory statement to explain the purpose and operation of an instrument may be met by an explanation that the instrument replaces a specified earlier legislative instrument or a specified provision of an earlier legislative instrument and is the same in substance as the specified instrument or provision.
The Department of Veterans’ Affairs (DVA) has reviewed the instrument and found it is still required. Accordingly, the instrument has been re-made and is essentially the same in substance as the instrument it replaced albeit with updating as required.
The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination enables an anxiety or depressive disorder of a veteran to be treated at DVA expense even though the disorder is not service-related.
Further Explanation
Part A explains the Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination.
CONSULTATION
There has been no consultation in respect of the instrument because it is being re-made in essentially the same form and benefits are not being affected. Accordingly consultation was considered unnecessary.
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 does engage an applicable right or freedom. It relates to the Right to Health contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.
The instrument is compatible with the Right to Health in it enables veterans with certain disorders to obtain free treatment for those conditions.
Conclusion
The attached legislative instrument is considered to be compatible with the human right to health because it increases the availability of treatment for a section of the community.
Rule-Maker
The Repatriation Commission
PART A
Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination
This instrument enables veterans who have an anxiety disorder, or a depressive disorder, or both disorders, to receive treatment for those disorders under Part V of the Veterans’ Entitlements Act 1986 irrespective of whether the anxiety disorder or depressive disorder is service-related.