Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021

EXPLANATORY STATEMENT

Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9)

EMPOWERING PROVISIONS

Paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Veterans’ Entitlements Act 1986 (the Act).

PURPOSE

The attached legislative instrument made under section 88A of the Veterans’ Entitlements Act 1986 (VEA) revokes and remakes the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41).

Paragraphs 88A(1)(a), (b) (c) and (d) of the VEA allow the Repatriation Commission to determine, by legislative instrument, specific classes of veterans, specific classes of dependants of veterans and specific classes of other persons who are eligible to be provided with specific treatment under Part V of the VEA.

Eligibility for preventive treatments such as vaccinations can only be granted by a determination under section 88A of the VEA as vaccinations are not usually provided as treatment for an injury or disease on the basis that they are considered to be a preventive treatment.

The instrument being revoked was made for the purpose of providing overseas travel vaccinations for Gold Card holders under the VEA.  The purpose of that instrument was to make persons within one of the specified classes eligible for vaccinations under the then Treatment Principles (2004 No. R8) (as made under Part V of the VEA).

Under the current Treatment Principles (No.52/2013) (VEA Treatment Principles) paragraph 4.8.1 provides at paragraph (k) that the Repatriation Commission will not accept “financial responsibility for the cost of vaccination unless:

(i)                 the person is the holder of a Gold Card; and

(ii)               the person is in Australia at the time the vaccination is provided; and

(iii)            the vaccination is provided to the person under the Repatriation Pharmaceutical Benefits Scheme.”

At the time the instrument being revoked was made separate measures were intended to provide for the vaccinations for Gold Card holders under the Military Rehabilitation and Compensation Act 2004 (MRCA), and the then Australian Participants in British Nuclear Tests (Treatment) Act 2006 (subsequently the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006) (BNTBCOF Act).

Those measures did not proceed and those Gold Card holders have been included in the remade instrument because of the subsequent amendments to section 88A which inserted paragraph (1)(d).

Under paragraph 88A(1)(d) persons who would otherwise not be eligible for treatment under the VEA can be provided with treatment under Part V if they are the subject of a determination made under that paragraph.

The remade instrument determines that Gold Card Holders under the MRCA, BNTBCOF Act and Treatment Benefits (Special Access) Act 2019 will also be eligible to receive vaccinations under paragraph 4.8.1(k) of the Treatment Principles.

For the purposes of the remade instrument the specific classes of persons are set out in Part 2 as:

• veterans in Australia who hold a Gold Card (issued under the VEA) and who propose to travel outside Australia;
• veterans’ dependants in Australia who hold a Gold Card (issued under the VEA) and who propose to travel outside Australia; and
• other persons in Australia who proposed to travel outside Australia who hold a Gold Card issued under any of the following Acts:
  • Military Rehabilitation and Compensation Act 2004 (MRCA);
  • Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 (BNTBCOF Act) ; and
  • Treatment Benefits (Special Access) Act 2019 (Treatment Benefits Act).

Treatment for persons who hold a Gold Card under the BNTBCOF and Treatment Benefits Acts is provided under the VEA Treatment Principles by way of the legislative instruments which modify the operation of the Treatment Principles, the instruments being the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 and the Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019.

While treatment for persons who hold a Gold Card under the MRCA would usually be provided under the MRCA Treatment Principles (No. MRCC 53/2013) (MRCA Treatment Principles) the process for the provision of the vaccinations will be more streamlined if all Gold Card holders are provided with vaccinations under the VEA Treatment Principles as the MRCA Treatment Principles do not include a provision similar to paragraph 4.8.1(k) of the VEA Treatment Principles.

The treatment to be provided is set out in Part 3 is vaccination for the purposes of overseas travel.

RETROSPECTIVE

No.

CONSULTATION

The provision of the vaccinations is the responsibility of the Pharmacy Programs & Operations Section of the Client Programs Branch of the Client Engagement & Support Services Division.

Pharmacy Programs & Operations Section have confirmed that the provision of the vaccinations to Gold Card holders who are travelling overseas will be ongoing and is viewed as a preventative measure which avoids the more costly implications for the Department of Veterans’ Affairs through its responsibilities to provide treatment to Gold Card holders.

Information concerning the proposal to extend the provision of vaccinations for all Gold Card holders who are travelling overseas has been provided to the Ex-Service Organisation Round Table (ESORT).

The ESORT is a forum intended to enhance the capacity of the Repatriation Commission and Military Rehabilitation and Compensation Commission by addressing issues of strategic importance to the ex-service and defence communities and assist in setting directions for the medium to long term.

DOCUMENTS INCORPORATED-BY-REFERENCE

No.

REGULATORY IMPACT

OBPR: 43814 - The instrument does not have more than a minor regulatory impact on business, community organisations or individuals.

FURTHER EXPLANATION

Attachment A.

Attachment A

Part 1 - Introduction

1.1 Sets out the name of the determination.

1.2 Provides that the determination commences on the day after it is registered.

1.3 Provides that the current instrument, the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is to be revoked.

1.4 Provides for the definitions of the terms used in the instrument.

Most of the definitions are self-explanatory or refer to the meaning provided under other veterans’ affairs portfolio legislation.

1.5 Sets out the purpose of the instrument, namely to grant eligibility for vaccinations as treatment to veterans and veterans’ dependants who hold Gold Cards under the various veterans’ affairs portfolio Acts and who propose to travel outside Australia.

The instrument specifies, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the VEA, the various classes who are eligible for the treatment: veterans and veterans’ dependants who hold a Gold Card under the VEA and a class of other Gold Card holders who will also be eligible to receive under the Treatment Principles.

 With the specification of the eligible classes and the relevant treatment to be provided to them, the Repatriation Commission may accept financial responsibility for the treatment provided to a person in the class.

 The purpose of section 88A of the VEA is to enable the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment in circumstances where no injury or disease exists.

 In this instance section 88A is used for the purposes of making a legislative instrument to confer eligibility under the Treatment Principles for treatment in the form of vaccination for people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.

 It also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the VEA.

 In this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004 (MRCA), the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 (BNTBCOF Act) or the Treatment Benefits (Special Access) Act 2019 (Treatment Benefits Act.

Part 2 Specified Class of Person

  The items in Part 2 specify the classes of persons eligible for the relevant treatment as set out in Part 3, namely:

2.1, 2.2 Veterans and veterans’ dependants who

  ● hold Gold Cards under the VEA; and

● are in Australia when the relevant treatment is provided.

2.3 Persons who hold a Gold Card under other veterans’ affairs portfolio Acts, the:

• MRCA;
• BNTBCOF Act; and
• Treatment Benefits Act; and

who are in Australia when the relevant treatment is provided.

Part 3 Specified Kind of Treatment

Part 3 specifies the treatment veterans, veteran’s dependants and other Gold Card holders in the relevant classes are eligible to be provided with treatment in the form of vaccinations by the Repatriation Commission.

 A vaccination is comprised of a medical procedure or medical attendance under the Treatment Principles and a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.