EXPLANATORY STATEMENT

 Veterans’ Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007

The attached Determination (No.R32/2007) has two purposes.  Firstly it specifies a class of veteran (specified class).  A veteran within that class is eligible to be provided with treatment of a specified kind under Part V of the Veterans’ Entitlements Act 1986 (VEA).  The second purpose is to specify the kind of treatment a veteran within the specified class would be eligible to receive.

The specified class of veteran is a person (including a deceased person):

(i) who is, because of section 7 of the Veterans’ Entitlements Act 1986 (the Act), taken to have rendered eligible war service; or

(ii) in respect of whom a pension is, or pensions are, payable under subsection 13(6) of the Act.

The specified kind of treatment is the services provided by, or under the auspices of, the Australian Centre for Posttraumatic Mental Health Incorporated which include:

• training Defence Force personnel in the mental health care disciplines;
• conducting research into mental injuries or diseases suffered by members of the Defence Force, and into the mental state of Defence Force members generally, with the resulting knowledge being applied to the benefit of the health of an eligible veteran;
• improving communication on mental injury or disease health care matters in the Defence Force; and
• conducting mental injury or disease health care policy research with the outcomes of that research being applied to the benefit of the health of an eligible veteran.

The definition of treatment in subsection 80(1) of the VEA is very broad and includes action taken with a view to maintaining a person in physical or mental health. 

The action taken by the Australian Centre for Posttraumatic Mental Health Incorporated as part of its functions will be action taken (ie treatment) with a view to keeping veterans in good mental health which will benefit them and reduce the financial liability of the Commonwealth in respect of payments for disability pensions and treatment.

The attached determination is made under paragraph 88A(1)(a) of the Act.

The Act specifies no conditions that need to be met before the power to make the Determination is exercised.

The Determination does not affect the rights of any person so as to disadvantage that person nor does it impose liabilities on any person other than on the Repatriation Commission.

Consultation

The Australian Centre for Posttraumatic Mental Health Incorporated was consulted by the Department of Veterans’ Affairs (DVA) in relation to the treatment covered by the attached Determination.  DVA clients were not consulted because the relevant treatment is beneficial and, further, is of an indirect nature (strategic mental health measures) and in these circumstances the Rule-Maker (Repatriation Commission) decided that consultation was not appropriate.

Further details of the Determination are contained in the attachment.

Attachment

Sections 1.1-1.2  are formal provisions.

Section 1.3 contains definitions.  In particular it defines the type of treatment the relevant veterans will be eligible to receive as “ACPMH treatment”.

Section 1.4 sets out the purpose of the Determination which is to make certain veterans eligible for certain treatment (ACPMH treatment) thereby enabling the Repatriation Commission to accept financial liability for that treatment.

Part 2  specifies a class of veteran.  A veteran in that class is eligible for ACPMH treatment.  The class of veteran is that of a veteran defined in paragraph 80(2)(c) of the Act.

Part 3  specifies the kind of treatment a veteran in the specified class of veteran is eligible to receive, namely ACPMH treatment.

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 Repatriation Commission