Veterans’ Entitlements (Treatment Principles–Veteran Suicide Prevention Pilot) Amendment Instrument 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L01015 Not in force Legislative Instrument

Legislation content

 

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”

 

Overview

The Veterans’ Entitlements (Treatment Principles – Veteran Suicide Prevention Pilot) Amendment Instrument 2018 was enacted to align the Treatment Principles, a legislative instrument under the Veterans’ Entitlements Act 1986, with the recent legislative changes introduced by the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018. This amendment specifically addresses the establishment of the Veteran Suicide Prevention Pilot, establishing a framework for the provision of services to veterans at risk of suicide. The purpose of these changes is to ensure that the Treatment Principles, which dictate the circumstances under which treatment may be provided to Department of Veterans’ Affairs clients, are updated to reflect the new legislative environment. By including references to section 88B of the Act, the amendment ensures that the Treatment Principles are consistent with the latest changes, thereby facilitating the implementation of the Pilot program. The enactment of this instrument was overseen by the Parliament of Australia, with the intent to provide a structured approach to addressing the significant issue of veteran suicide. The policy objective aligns with the broader goal of promoting the right to health, as articulated in Article 12 of the International Covenant on Economic, Cultural and Social Rights, by providing additional mental health support to veterans. The changes made by the instrument are technical in nature and were developed in consultation with various stakeholders, including health organisations and ex-service groups, to ensure comprehensive and effective implementation of the Pilot.

Scope and Application

The Veterans’ Entitlements (Treatment Principles – Veteran Suicide Prevention Pilot) Amendment Instrument 2018, made under section 90 of the Veterans’ Entitlements Act 1986, modifies the Treatment Principles to align with the legislative framework established by the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No. 2) Act 2018. These changes are designed to incorporate the new provisions under section 88B of the Act, which establishes the Veteran Suicide Prevention Pilot program, ensuring that the conditions for treatment provision are consistent with the latest legislative requirements. The amendments specifically update the definitions and references within the Treatment Principles to include section 88B, thereby ensuring that the eligibility and conditions for treatment under the Pilot are clearly reflected in the overarching legislative framework. The amendments apply to the Department of Veterans’ Affairs and the Repatriation Commission, affecting the provision of treatment services to veterans who may be at risk of suicide. Geographically, the Act operates at the Commonwealth level, applying to entities and individuals engaged in the provision of treatment services for veterans across Australia. No specific exclusions or exemptions are noted in the explanatory statement, but the changes are intended to be technical and consequential, ensuring coherence with the new legislative provisions. Subordinate instruments may further extend or detail the application of these provisions as necessary.

Key Provisions

The Veterans’ Entitlements (Treatment Principles – Veteran Suicide Prevention Pilot) Amendment Instrument 2018 (Instrument 2018 No. R72) amends the Treatment Principles under section 90 of the Veterans’ Entitlements Act 1986 (the Act). These variations are designed to ensure that the Treatment Principles align with the recent legislative changes introduced by the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018, particularly the establishment of the Veteran Suicide Prevention Pilot (the Pilot) under section 88B of the Act. This amendment integrates section 88B into the Treatment Principles to reflect the latest legislative framework governing the provision of services aimed at preventing veteran suicide. The obligations and requirements imposed by this instrument focus on ensuring that the Treatment Principles are consistent with the newly established legislative framework under section 88B of the Act. This includes making specific references to section 88B in the definitions and provisions that pertain to the eligibility and treatment of veterans, particularly those at risk of suicide. The changes necessitate that definitions such as "determined condition," "entitled veteran," and "White Card" include references to section 88B, ensuring that treatment provisions are in line with the latest legislative changes. Furthermore, a new note has been added to the definition of "entitled veteran" to clarify the role of section 88B in determining eligibility for treatment under the Pilot. There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breaches of the Treatment Principles as amended by this instrument. However, it is implied that non-compliance with the updated Treatment Principles could result in veterans not receiving the intended benefits of the Veteran Suicide Prevention Pilot. Such non-compliance could potentially lead to administrative or procedural consequences, as the Treatment Principles are integral to the governance and delivery of services under the Act. Ensuring adherence to these principles is critical for the effective implementation of the Pilot and the protection of veterans' rights to health and well-being.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.