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
Overview
The Veterans’ Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007, enacted under paragraph 88A(1)(a) of the Veterans’ Entitlements Act 1986 (VEA), aims to address the mental health needs of certain veterans by specifying a class of eligible veterans and the type of treatment they can receive. This determination was created to ensure that eligible veterans can access specialised mental health services provided by the Australian Centre for Posttraumatic Mental Health Incorporated. The Repatriation Commission, responsible for the administration of veterans' entitlements, made this determination without imposing any additional conditions beyond those already stipulated in the VEA. The policy objective is to improve the mental health of veterans, thereby potentially reducing the financial burden on the Commonwealth related to disability pensions and treatment costs.
The Determination defines a specific class of veterans who are eligible for treatment, including those who have rendered eligible war service or for whom pensions are payable under the VEA. The treatment specified, termed "ACPMH treatment," encompasses a range of services provided by the Australian Centre for Posttraumatic Mental Health, such as training Defence Force personnel in mental health care, conducting relevant research, and enhancing communication on mental health care matters. The Department of Veterans’ Affairs consulted with the Australian Centre for Posttraumatic Mental Health Incorporated, considering the strategic nature of the treatment, and determined that direct consultation with DVA clients was unnecessary. This Determination ensures that eligible veterans receive the necessary mental health services without disadvantaging any person or imposing liabilities beyond those on the Repatriation Commission.
Scope and Application
The Veterans' Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007 outlines specific provisions within the Veterans’ Entitlements Act 1986, identifying a class of veterans eligible for certain mental health treatments. These veterans include individuals who have been recognised as having rendered eligible war service under section 7 of the Act or those for whom pensions are payable under subsection 13(6) of the Act. The treatment in question, referred to as "ACPMH treatment," encompasses services provided by or under the auspices of the Australian Centre for Posttraumatic Mental Health Incorporated, including training Defence Force personnel in mental health care, conducting research into mental injuries or diseases suffered by Defence Force members, improving communication on mental health care matters within the Defence Force, and conducting policy research on mental health care with outcomes benefiting eligible veterans. This broad definition of treatment under the Act ensures that actions aimed at maintaining or improving mental health qualify as treatment, thereby extending the scope of eligible services for these veterans. The determination does not disadvantage any person or impose liabilities beyond those on the Repatriation Commission. The application of this legislation is nationally regulated under Commonwealth law.
Key Provisions
The Veterans’ Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007 (No. R32/2007) outlines specific eligibility criteria for certain veterans to receive mental health treatment. This treatment is provided by or under the auspices of the Australian Centre for Posttraumatic Mental Health Incorporated. The primary sections of this Determination (sections 1.1 to 1.4) set the stage for defining the class of veterans eligible for this treatment and the specific type of treatment they can receive. The specified class of veteran includes those who are deemed to have rendered eligible war service under section 7 of the Veterans’ Entitlements Act 1986 (VEA) or those in respect of whom a pension is payable under subsection 13(6) of the VEA (section 1.3). The type of treatment eligible veterans can receive includes services such as training Defence Force personnel in mental health care disciplines, conducting research into mental injuries or diseases suffered by Defence Force members, improving communication on mental injury or disease health care matters, and conducting policy research with outcomes applied to the benefit of eligible veterans (section 1.4).
This Determination imposes obligations on the Repatriation Commission to accept financial liability for the specified treatment, ensuring that eligible veterans have access to mental health care services provided by the Australian Centre for Posttraumatic Mental Health Incorporated. The Repatriation Commission is tasked with ensuring that the treatment provided falls within the defined scope and that the financial liability for this treatment is appropriately managed. The Department of Veterans’ Affairs (DVA) was responsible for consulting with the Australian Centre for Posttraumatic Mental Health Incorporated, but direct consultation with DVA clients was deemed unnecessary due to the strategic and indirect nature of the treatment.
There are no specific offences or penalties outlined in this Determination for non-compliance with the provisions. However, any breach of the conditions or misuse of the treatment services could potentially lead to civil or criminal consequences under the broader framework of the Veterans’ Entitlements Act 1986. The maximum penalties for breaches of the VEA would apply, which can include fines and imprisonment, depending on the severity of the offence. The Determination does not disadvantage any existing rights of veterans nor does it impose additional liabilities on veterans or any other parties except for the Repatriation Commission, which is responsible for the financial liability of the specified treatment.