EXPLANATORY STATEMENT
Veterans’ Entitlements (Treatment Principles – Mental Health Disorders - Diagnostic Protocols) Amendment Instrument 2014
EMPOWERING PROVISIONS
The Veterans’ Entitlements Act 1986 (the VEA) – subsection 90(5).
PURPOSE
The attached instrument (2014 No.R113) varies provisions in the Treatment Principles under the VEA. The Treatment Principles is a legislative instrument that sets out the circumstances in which treatment may be provided under the VEA to persons eligible for treatment (entitled persons) and the circumstances in which the Repatriation Commission (Commission) may accept financial responsibility for treatment provided to entitled persons.
The provisions being varied (mainly in Treatment Principle 2.4) relate to treatment for, among other conditions, mental health conditions. Previously only the mental health condition of Post-Traumatic Stress Disorder (PTSD) was covered. Under the variations, other mental health conditions will be covered by Treatment Principle 2.4, namely alcohol use disorder and substance use disorder.
Further, the variations will provide that the diagnosis of PTSD, alcohol use disorder or substance use disorder (the relevant conditions) may be made by:
- a psychiatrist; or
- a clinical psychologist; or
- a general practitioner (as defined in subsection 3(1) of the Health Insurance Act 1973).
Previously only a psychiatrist could diagnose PTSD.
Under the VEA treatment of the relevant conditions is known as “non-liability health care”. This means that a veteran diagnosed with one of the relevant conditions does not need to establish a link between the condition and service in order for DVA to pay for treatment of the condition.
Treatment of mental health conditions of service and ex service personnel is a high Government priority. By enabling general practitioners and clinical psychologists to also diagnose the relevant conditions under the Treatment Principles the potential for treatment of these conditions is significantly increased.
CONSULTATION
No. The measures are required as a matter of urgency. Increased access to treatment is in issue. It is noted that under paragraph 18(2)(b) of the Legislative Instruments Act 2003 an example of a situation where consultation may be inappropriate in relation to a legislative instrument is where the instrument is required as a matter of urgency.
In any event, the measures are beneficial and interested parties could reasonably be expected to agree to them.
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 engages and promotes the Right to Health contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights.
The changes made by the attached instrument are intended to advance the health of an entitled person.
Firstly, if the person suffers from PTSD, he or she will no longer need to have the condition diagnosed by a psychiatrist in order for the condition to be treated under the Treatment Principles, the diagnosis of a general practitioner or clinical psychologist will suffice.
Secondly, if a person suffers from alcohol use disorder or substance use disorder, the person will now be eligible for treatment under the Treatment Principles without needing to establish a link between the relevant condition and service.
It is considered the attached instrument is compatible with Human Rights.
Michael Ronaldson
Minister for Veterans’ Affairs
Rule-Maker
FURTHER EXPLANATION OF NEW PROVISIONS
See: Attachment A
Attachment A
Section [1]
This section sets out the name of the instrument - Veterans’ Entitlements (Treatment Principles – Mental Health Disorders - Diagnostic Protocols) Amendment Instrument 2014.
Section [2]
This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Schedule 1
This Schedule varies the Treatment Principles under the Veterans’ Entitlements Act 1986.
Item 1
This is a definitions item.
Item 1A
This item inserts a definition of “general practitioner”. The term “general practitioner” has the same meaning it has in subsection 3(1) of the Health Insurance Act 1973.
Item 2
This item includes the new mental health conditions of alcohol use disorder and substance use disorder in the heading to Treatment Principle 2.4.
Item 3
This item is the same in substance as the provision it replaced except that it also includes the new mental health conditions of alcohol use disorder and substance use disorder. This item enables the Department of Veterans’ Affairs (DVA) to pay for treatment of the new conditions, in addition to treatment of the other conditions, on and from a day 3 months before the date an application for treatment is received by DVA .
Item 4
This item is the same in substance as the provision it replaced except that it also includes the new mental health conditions of alcohol use disorder and substance use disorder. The item enables DVA to pay for the treatment of a veteran with one of the relevant conditions upon the diagnosis of a psychiatrist, a clinical psychologist or a general practitioner. Previously PTSD could only be diagnosed by a psychiatrist.
Item 5
This item is the same in substance as the provision it replaced except that it also includes the new mental health conditions of alcohol use disorder and substance use disorder. The item enables DVA to require a veteran to be examined for one of the relevant conditions by a psychiatrist before it will pay for treatment of the condition. The examination will be at DVA’s expense.
This provision covers cases where DVA decides a diagnosis of one of the relevant conditions by a general practitioner or clinical psychologist is insufficient or there is some other relevant reason for seeking a diagnosis from a psychiatrist.
Item 6
This item is the same in substance as the provision it replaced except that it also includes the new mental health conditions of alcohol use disorder and substance use disorder. The item enables DVA to stop paying for treatment of a relevant condition if the Repatriation Commission is satisfied the veteran being treated no longer suffers from the condition.
Item 7
This item is the same in substance as the provision it replaced except that it also includes the new mental health conditions of alcohol use disorder and substance use disorder. The item enables DVA to pay for treatment of a condition, even if it is not war-caused, where treatment of the condition is a necessary part of, or directly associated with, treatment of a relevant condition.