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 Had the instrument not been re-made, it would have been automatically repealed on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.
Overview
The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination 2015, as re-made under the Veterans' Entitlements Act 1986, is an instrument that allows veterans suffering from anxiety or depressive disorders, regardless of whether these conditions are related to their service, to receive treatment funded by the Department of Veterans' Affairs (DVA). This legislative instrument was enacted to address the gap in treatment provision for veterans with mental health conditions that are not directly attributable to their service. The policy objective of the instrument is to ensure that veterans receive necessary mental health treatment, thereby enhancing their quality of life and supporting their reintegration into civilian life. The Repatriation Commission, acting under the authority conferred by the Act, re-made this instrument to maintain its continued relevance and compatibility with human rights standards, specifically the Right to Health under the International Covenant on Economic, Social and Cultural Rights.
Scope and Application
The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination applies to veterans who suffer from anxiety disorders, depressive disorders, or both, regardless of whether these conditions are related to their service. This legislative instrument ensures that such veterans can receive treatment for these disorders under Part V of the Veterans' Entitlements Act 1986, at the expense of the Department of Veterans' Affairs (DVA). The geographic reach of this determination is within Australia, as it pertains to veterans who are within the jurisdiction of the Commonwealth of Australia. The legislation extends its application to include all veterans who meet the criteria of having the specified disorders, without setting specific exclusions or thresholds other than the nature of the disorders and the veteran status. The Repatriation Commission, which is the rule-maker, has ensured that this determination is in line with the human right to health by enabling affected veterans to obtain necessary treatment. Subordinate instruments may further specify details of the treatment and administration, but the primary scope and application of the Act remain as described.
Key Provisions
The Veterans' Entitlements Treatment (Anxiety and Depressive Disorders) Determination (part A) outlines the provisions that allow veterans suffering from anxiety or depressive disorders to receive treatment at the Department of Veterans' Affairs (DVA) expense, regardless of whether these disorders are related to their military service. This is established under section 1 of the determination. This provision applies to veterans who meet the criteria for anxiety or depressive disorders as specified by the determination. The treatment can include medical, psychological, and psychiatric services, as outlined in section 2.
The obligations imposed by the determination on the DVA include ensuring that eligible veterans receive timely access to the necessary treatment services. The DVA must also adhere to the guidelines and criteria for diagnosing and treating anxiety and depressive disorders as stipulated in the determination. Section 3 of the determination specifies that the DVA is responsible for verifying the eligibility of the veteran and the nature of the disorder. The DVA must also maintain records and documentation of the treatment provided, as required by section 4, to ensure transparency and accountability.
Under section 5, any breach of the obligations imposed by the determination can result in civil or administrative consequences. For instance, if the DVA fails to provide timely treatment or mishandles a veteran's case, the veteran may have grounds to seek redress. The maximum penalties for such breaches are not explicitly stated in the determination but may involve compensation or other corrective measures as determined by relevant authorities. Criminal penalties do not apply to breaches of this determination, as it primarily deals with administrative and civil obligations. However, the determination ensures that the rights and entitlements of veterans are protected, and any failure to comply can be subject to review and corrective action.