EXPLANATORY STATEMENT
Veterans' Entitlements Treatment (Residential and Respite Care) Determination 4/2001.
The purpose of the attached Determination is to enable veterans to receive in-home or nursing home respite care where the condition necessitating the care is, generally speaking, not war/defence caused.
Veterans who are eligible for treatment fall into three categories
1. veterans with war/defence-caused conditions (white card
holders)
2. veterans with malignant neoplasia, pulmonary tuberculosis, or
post traumatic stress disorder, war/defence-caused or not (white
card holders)
3. veterans with any conditions, war/defence-caused or not
(gold card holders)
The only way that veterans in categories 1 and 2 can receive treatment (in the present case, respite care) for conditions other than war-caused etc conditions is if the Repatriation Commission determines under section 88A of the Veterans' Entitlements Act 1986 (Act) that they should be eligible for treatment of their non-war caused etc conditions.
The Repatriation Commission recognised that in practice it was virtually impossible to confine the application of respite care only to certain conditions. Respite care by its nature is "whole-of-person treatment".
Accordingly the Commission decided that where a veteran was eligible for respite care, whether in-home care under the Veterans' Home Care Program or nursing home care under the provisions of the Treatment Principles, in respect of a war-caused etc condition, then the veteran should also be eligible for respite care in respect of any other condition, war-caused etc or not. The attached Determination implements this decision.
The Determination has different commencement dates. It applies to "nursing home respite care" on and from 30 March 2000 ("nursing home date"), to 28 day nursing home respite care on the day Part 2 of Instrument No.3/2001 varying the Treatment Principles commences (Instrument date) and to "in-home care" on and from 1 January 2001 ("in-home date").
The "nursing home date" was chosen because this was the date on which an identical Determination was made in respect of nursing-home care that was not respite care ie. it was simply nursing home residential care.
In practice, due to the ageing of the veteran population it is virtually impossible to confine the application of respite care to war-caused etc conditions. A combination of conditions can lead to infirmity and frailty and the resultant need for care. The situation is now regularised by the attached Determination.
The "Instrument date" was chosen because this was the date that the Treatment Principles were varied to provide a new treatment of residential care (28 day respite) under the Veterans' Home Care Program and because that treatment is, by virtue of the attached Determination, able to be applied to non-war caused etc conditions, it is appropriate the attached Determination as it relates to residential care (28 day respite), commences at the same time as the treatment of residential care (28 day respite) becomes available.
The "in-home date" was chosen because this was the date on which the Veterans' Home Care Program commenced ("VHC").
It was always the intention underlying the VHC that its treatment-services would apply to any condition of a veteran, war-caused etc or not.
There are 4 (category A) treatment services provided under VHC, including Respite Care. Unfortunately the determination made under section 88A of the Act to enable all VHC treatment services to be applied to the non-war caused etc conditions of a veteran inadvertently did not encompass the VHC treatment service of Respite Care. The attached Determination rectifies the omission with effect from 1 January 2001 in the case of VHC Respite Care other than residential care (28 day respite).
The fact that the Determination would take effect before gazettal does not cause the Determination to be ineffective by virtue of subsection 48(2) of the Acts Interpretation Act 1901 because the rights of a person at gazettal would not be affected so as to disadvantage the person nor will a liability be imposed on any person in respect of anything done or omitted to be done before gazettal. The Determination is beneficial legislation.
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Repatriation Commission
Overview
The Veterans' Entitlements Treatment (Residential and Respite Care) Determination 4/2001 was enacted to address the gap in the provision of respite care for veterans, ensuring they can receive in-home or nursing home respite care for conditions not necessarily related to their war or defence service. This determination was made under the authority of the Veterans' Entitlements Act 1986, with the Repatriation Commission recognising the impracticality of limiting respite care to war/defence-caused conditions due to the holistic nature of such care. The policy objective is to provide comprehensive support to veterans, regardless of the origin of their conditions, by enabling them to access necessary respite care services. The Determination was enacted by the Repatriation Commission and has specific commencement dates for different types of respite care, aligning with the introduction of relevant programs and treatments.
Scope and Application
The Veterans' Entitlements Treatment (Residential and Respite Care) Determination 4/2001 applies to veterans who fall into three specific categories: those with war/defence-caused conditions (white card holders), those with malignant neoplasia, pulmonary tuberculosis, or post-traumatic stress disorder regardless of the cause (also white card holders), and those with any conditions, regardless of cause (gold card holders). This Determination facilitates access to in-home or nursing home respite care for veterans, even if the condition necessitating the care is not war/defence-caused. The Determination came into effect on different dates for various types of care: 30 March 2000 for nursing home respite care, a specific date for 28-day nursing home respite care as set by the instrument that varied the Treatment Principles, and 1 January 2001 for in-home care. The Repatriation Commission has recognised that due to the nature of respite care as "whole-of-person treatment," it is practically impossible to restrict its application to only war/defence-caused conditions. Therefore, the Determination ensures that if a veteran is eligible for respite care for a war-caused condition, they should also be eligible for respite care for any other condition. The Determination extends its application through subordinate instruments, which modify the Treatment Principles to include non-war-caused conditions in the eligibility for respite care.
Key Provisions
The Veterans' Entitlements Treatment (Residential and Respite Care) Determination 4/2001 primarily addresses the provision of in-home and nursing home respite care to veterans, regardless of whether the condition necessitating the care is war-related or not. The Determination is structured to ensure that eligible veterans, categorised under specific conditions, can receive care for any ailment they may have. This is particularly significant as it broadens the scope of care to include conditions that are not directly linked to their service. The Determination identifies three categories of eligible veterans: those with war/defence-caused conditions (white card holders), those with malignant neoplasia, pulmonary tuberculosis, or post-traumatic stress disorder regardless of the cause (also white card holders), and those with any conditions, whether war/defence-related or not (gold card holders). The overarching principle is that if a veteran is eligible for respite care due to a war-related condition, they should also be eligible for care for any other condition.
The Act imposes specific obligations on the Repatriation Commission and the veterans themselves. The Repatriation Commission must determine the eligibility of veterans for respite care under the provisions of section 88A of the Veterans' Entitlements Act 1986. This determination is crucial as it allows veterans in categories 1 and 2 to receive treatment for non-war-related conditions. The Commission's recognition of the practical difficulties in restricting respite care to only war-related conditions is pivotal, as it acknowledges the holistic nature of respite care. Veterans, on their part, must ensure that they meet the eligibility criteria under the specified categories and follow the prescribed processes for accessing care services.
Breaches of the provisions set out in the Determination can lead to various consequences. While the Determination does not explicitly outline specific offences, breaches of the Veterans' Entitlements Act 1986, which governs the overall framework, could result in penalties. For instance, under the Act, providing false or misleading information to the Repatriation Commission could be considered an offence. The penalties for such offences can vary, with potential fines or imprisonment depending on the severity of the breach. It is essential for both the Commission and the veterans to adhere strictly to the guidelines to avoid any legal repercussions.