EXPLANATORY STATEMENT
Veterans’ Entitlements (Treatment Principles – Veteran Suicide Prevention Pilot) Amendment Instrument 2018 (Instrument 2018 No. R72)
EMPOWERING PROVISION
Section 90 of the Veterans’ Entitlements Act 1986 (the Act).
PURPOSE
The attached instrument (2018 No. R72) varies the Treatment Principles. The Treatment Principles is a legislative instrument made under section 90 of the Act and sets out the circumstances in which treatment may be provided to clients of the Department of Veterans’ Affairs (DVA).
The purpose of these variations to the Treatment Principles is to add a reference to section 88B of the Act to those provisions of the Treatment Principles where it is required. Schedule 2 of the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018 inserted new section 88B into the Act to establish the legislative framework for the provision of services under the program established by the Commonwealth and known as the Veteran Suicide Prevention Pilot (the Pilot). Section 88B provides for the Repatriation Commission (the Commission), by legislative instrument, to determine a class of persons who will be entitled to services under the Pilot.
The variations to the Treatment Principles to include a reference to section 88B of the Act are consequential changes to ensure that the Treatment Principles are up to date. The variations mean that the circumstances in which treatment may be provided under the Treatment Principles to clients of the DVA are consistent with the latest changes to the Act.
A reference to section 88B of the Act has been included in the following provisions of the Treatment Principles:
- Paragraph 1.4 (Interpretation) definition of “determined condition”
- Paragraph 1.4 (Interpretation) paragraph (b) of the definition of “entitled veteran”
- Paragraph 1.4 (Interpretation) definition of “White Card”
- Paragraph 2.5.1
- Paragraph 2.8.1(a)
A new Note 3 that refers to section 88B of the Act has been added to paragraph (b) of the definition of “entitled veteran” in Paragraph 1.4 (Interpretation).
These variations complement the existing references to section 88A of the Act in the above provisions of the Treatment Principles. Under section 88A of the Act, the Commission is empowered to determine that a veteran within a class of veterans is eligible to be provided with treatment of a specified kind.
CONSULTATION
Section 17 of the Legislation Act 2003 requires a rule-maker to be satisfied, before making a legislative instrument that any consultation the rule-maker considered appropriate and reasonably practicable, has been undertaken.
The attached instrument makes consequential technical changes to the Treatment Principles in response to the Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018 (the Determination). Consultation has been undertaken for the Determination with national and state based stakeholders such as Queensland Health, beyondblue, Phoenix Australia, Ex-Service Organisations, medical and health provider organisations and the Department of Defence.
In these circumstances, it is considered the requirements of section 17 of the Legislation Act 2003 have been fulfilled.
RETROSPECTIVITY
None.
DOCUMENTS INCORPORATED BY REFERENCE
None.
REGULATORY IMPACT
None.
HUMAN RIGHTS STATEMENT
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The attached instrument makes consequential technical changes to the Treatment Principles in response to the Determination. The Determination promotes the Right to Health by providing additional support to veterans at risk of suicide to improve their mental health and reduce their risk of suicide.
Right to health
Article 12 of the International Covenant on Economic, Cultural and Social Rights refers to the “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.
Conclusion
Accordingly, the attached instrument is considered to be human rights compatible.
Gayle Anderson
Acting Chief Operating Officer
Delegate for the Minister for Veterans’ Affairs
Rule-Maker
FURTHER EXPLANATION OF PROVISIONS
See Attachment A.
Attachment A
FURTHER EXPLANATION OF PROVISIONS
Section 1
This section sets out the name of the instrument – the Veterans’ Entitlements (Treatment Principles–Veteran Suicide Prevention Pilot) Amendment Instrument 2018.
Section 2
This section provides that the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3
This section sets out the legislative authority for the making of the variations to the Treatment Principles, namely section 90 of the Veterans’ Entitlements Act 1986.
Section 4
Section 4 provides that the variations to the Treatment Principles, as outlined in the Schedule to the amending instrument, have effect.
Schedule – (Variations to the Treatment Principles)
Item 1
Paragraph 1.4 (Interpretation) definition of “determined condition”
After “88A”, insert “or 88B”
Item 2
[2] Paragraph 1.4 (Interpretation) paragraph (b) of the definition of “entitled veteran”
After “88A” (twice occurring), insert “or 88B”
Item 3
[3] Paragraph 1.4 (Interpretation) paragraph (b) of the definition of “entitled veteran”–new Note
After Note 2, insert
“Note 3: section 88B of the Act enables the Commission to determine a class of persons to be eligible for treatment, being treatment that is the provision of services under the program established by the Commonwealth and known as the Veteran Suicide Prevention pilot.”
Item 4
[4] Paragraph 1.4 (Interpretation) definition of “White Card”
After “88A” (twice occurring), insert “or 88B”
Item 5
[5] Paragraph 2.5.1
After “88A”, insert “or 88B”
Item 6
[6] Paragraph 2.8.1(a)
Omit “or 88A”, substitute “, 88A or 88B”