EXPLANATORY STATEMENT

 Veterans' Entitlements Treatment (Centre for Military and Veterans’ Health) Determination 6/2003

The purpose of the attached Determination is to state that a veteran in a specified class is eligible to be provided with treatment of a specified kind under Part V of the Veterans’ Entitlements Act 1986 (VEA).

The specified class of veteran is comprised of veterans in the Defence Force eg former peacekeepers.  The specified kind of treatment is comprised of the services provided by the Centre for Military and Veterans’ Health which include: training medical personnel; conducting research into injuries or diseases suffered by members of the Defence Force; improving communication on health-care in the Defence Force and conducting health-care policy research.

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 Centre for Military and Veterans’ Health as part of its functions will be action taken (ie treatment) with a view to keeping veterans in the Defence Force in good 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 VEA.

The VEA 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.

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 “CMVH treatment”.

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

Part 2  specifies the class of veteran in respect of which a person in that class is eligible for CMVH treatment.  A veteran who is a member of the Defence Force is eligible for the treatment.

Part 3  specifies the kind of treatment a veteran in the specified class of veteran is eligible to be provided with, namely CMVH treatment.

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 Repatriation Commission