Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018

Administered by Department of Veterans' Affairs

Legislation au F2018L01012 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018 (Instrument 2018 No.R70)

 

 

EMPOWERING PROVISION

 

Subsection 88B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

PURPOSE

 

The attached instrument (Instrument 2018 No.R70) determines a class of persons who will be eligible to receive treatment under the program established by the Commonwealth and known as the Veteran Suicide Prevention Pilot (also known as the Mental Health Clinical Management Pilot).

 

The aim of the new Veteran Suicide Prevention Pilot (the Pilot) is to provide mental health support for veterans who have been hospitalised for attempted suicide, suicide ideation, or a mental health condition and clinically assessed as being at an increased risk of suicide. Intensive and assertive management services to support a veteran’s mental health outcomes will be provided under the Pilot. Support will include access to other relevant government and non-government treatment and services that will help improve mental health and provide social support to reduce the risk of suicide and enhance quality of life. The 2017-18 Budget provided $6.2 million over the forward estimates to assess the benefits of providing such intensive support.

 

The initial roll out for the Pilot will be in the Brisbane metropolitan area and will engage with both public and private hospitals (relevant hospitals). The 9 relevant hospitals have been identified through analysis of Australian Institute of Health and Welfare location analysis of suicide deaths in the ex-service community, and Department of Veterans’ Affairs (DVA) client data on self-harm episode admissions. This analysis indicates the Brisbane metropolitan region has a level of suicidality in the ex-serving community to support the implementation of the services offered by the Pilot.

 

The Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018 inserts new section 88B into the Veterans’ Entitlements Act 1986 to establish the legislative framework for the Pilot. New subsection 88B(1) provides that a person is eligible to be provided with treatment under Part V of the Veterans’ Entitlements Act 1986, being treatment that is the provision of services under the Pilot, if the person is included in a class of persons determined under subsection 88B(2). The purpose of subsection 88B(2) is to enable the Repatriation Commission (the Commission), by legislative instrument, to determine a class of persons who will be entitled to treatment under the Pilot.

 

The attached instrument determines, as the class of persons who will be eligible for treatment under the Pilot, persons who have ceased to be members of the Permanent Forces and who have been hospitalised at a relevant hospital for attempted suicide, suicide ideation, or for a mental health condition and clinically assessed as being at an increased risk of suicide.

Further, they must also be eligible for treatment for a mental health condition on a non-liability health care basis, whether or not they are eligible for other DVA treatment, and be Australian residents living in Australia.

 

Since 1 July 2017, all past and current members of the Australian Defence Force (ADF) with at least one day of continuous full-time service have been eligible for treatment for the full range of mental health conditions recognised by appropriate health professionals on a non-liability health care basis. The non-liability health care basis means that the treatment need not be linked to a mental health condition arising from ADF service. All Gold Card holders and White Card holders, including those on transition from the ADF to civilian life, will satisfy this requirement.

 

Under the Pilot, the DVA has contracted beyondblue to adapt their existing suicide prevention service ‘The Way Back Support Service’ to include intake of veterans and exserving ADF personnel. Opportunities to integrate with established sites of The Way Back Support Service in other geographic locations will be considered once the approach to supporting veterans is clearly defined and operational in Brisbane. The Way Back Support Service will also link participants to existing DVA and ex-service organisation supports. This could include DVA case management support, the Veterans and Veterans Family Counselling Service, advocacy services and social support activities. It is anticipated up to 100 veterans may participate in the Pilot over two years. Service delivery under the Pilot is anticipated to commence mid-year and conclude by mid-2020.

 

CONSULTATION

 

Section 17 of the Legislation Act 2003 requires the rule-maker to be satisfied that any consultation that is considered appropriate and reasonably practicable to undertake, has been undertaken.

Consultation has been undertaken with national and state based stakeholders such as Queensland Health, beyondblue, Pheonix Australia, Ex-Service Organisations, medical and health provider organisations and the Department of Defence.

The measure implemented by this instrument is entirely beneficial in nature in terms of its impact on persons who have ceased to be members of the Permanent Forces, including Reservists.

In these circumstances it is considered that the requirements of section 17 of the Legislation Act 2003 have been met.

 

RETROSPECTIVITY

 

None.

 

DOCUMENTS INCORPORATED BY REFERENCE

 

None.

 

 

 

REGULATORY IMPACT 

 

Nil.

 

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.

 

The Right to Health is contained in article 12(1) of the International Covenant on Economic Social and Cultural Rights. The Right to Health is the right to the enjoyment of the highest attainable standard of physical and mental health. The UN Committee on Economic Social and Cultural Rights has stated that health is a fundamental human right indispensable for the exercise of other human rights. Every human being is entitled to the enjoyment of the highest attainable standard of health conducive to living a life in dignity.

 

Overview

 

The attached instrument establishes a class of persons who will be eligible to participate in the Veteran Suicide Prevention Pilot which will provide coordinated support to ensure veterans access treatment and social support to help reduce the risk of suicide and enhance the quality of life for participating veterans.

 

Conclusion

 

The attached instrument 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. Accordingly, the attached instrument is considered to be human rights compatible.

 

 

Repatriation Commission

Rule-Maker

 

FURTHER EXPLANATION OF PROVISIONS    See: Attachment A


Attachment A

 

FURTHER EXPLANATION OF PROVISIONS 

 

 

Section 1

This section provides that the name of the instrument is the Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018.

 

Section 2

Section 2 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 primary legislation that authorises the making of the instrument, namely subsection 88B(2) of the Veterans’ Entitlements Act 1986.

 

Schedule 2 of the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018 inserts new section 88B into the Veterans’ Entitlements Act 1986. Schedule 2 commences on the later of 1 July 2018 or the seventh day after the Act receives the Royal Assent. At the time of the Commission making the instrument, the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018 had received the Royal Assent, but section 88B had not commenced. Accordingly, the instrument is made in reliance on section 4 of the Acts Interpretation Act 1901 which provides for the exercise of the instrument-making power as if the relevant commencement of the empowering provision had occurred.

 

Section 4

This section is the purpose provision. It provides that the purpose of the instrument is to determine a class of persons who will be eligible for treatment under the Veteran Suicide Prevention Pilot.

 

The note to the section explains that details of the Veteran Suicide Prevention Pilot can be found at a publicly accessible website and provides details of that website.

 

Section 5

This is the interpretation section. It defines terms used in the instrument.

 

Section 6

Section 6 of the instrument determines the following class of persons as being eligible to receive treatment under the Veteran Suicide Prevention Pilot:

 

A person who:

 

  • has ceased to be a member of the Permanent Forces; and

 

  • has been hospitalised at a relevant hospital for attempted suicide, suicide ideation or a mental health condition and clinically assessed as being at an increased risk of suicide; and

 

  • is eligible for treatment for a mental health condition on a non-liability health care basis, whether or not the person is eligible for other treatment under a veterans’ affairs law; and

 

  • is an Australian resident living in Australia.

 

The class is designed to cover those persons who are separated from the Permanent Forces but who may still be a member of the Reserves. It does not cover current serving permanent members of the ADF nor persons who have never served in the ADF.

 

The term ‘relevant hospital’ is defined to include 9 public and private hospitals in the Brisbane metropolitan region where the Pilot is available. The terms ‘mental health condition’ and non-liability health care’ are not defined, but are to be given their ordinary meaning.

 

 

Overview

The Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018 was enacted under the authority of the Veterans’ Entitlements Act 1986, aiming to address the significant issue of veteran suicide in Australia by providing mental health support to veterans at risk. This legislative instrument was introduced to establish a framework for the Veteran Suicide Prevention Pilot, which focuses on offering intensive and assertive management services to veterans hospitalised for attempted suicide, suicide ideation, or mental health conditions with an increased suicide risk. The initial rollout of the Pilot, funded by $6.2 million in the 2017-18 Budget, targets the Brisbane metropolitan area, leveraging data from the Australian Institute of Health and Welfare and the Department of Veterans’ Affairs to identify regions with higher levels of suicidality among ex-service personnel. The determination specifies that eligible participants must have ceased to be members of the Permanent Forces, been hospitalised at a relevant hospital for specified conditions, be eligible for non-liability health care treatment for a mental health condition, and be Australian residents living in Australia. The Department of Veterans’ Affairs has engaged beyondblue to adapt their existing suicide prevention service to cater to veterans, with plans to integrate with other geographic locations once the Brisbane approach is defined. This initiative seeks to enhance the quality of life and reduce suicide risk among participating veterans by providing coordinated mental health and social support services.

Scope and Application

The Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018 applies to eligible veterans who have been hospitalised for attempted suicide, suicide ideation, or a mental health condition and clinically assessed as being at an increased risk of suicide. The eligibility criteria include individuals who have ceased to be members of the Permanent Forces and are Australian residents living in Australia. Additionally, the individual must be eligible for treatment for a mental health condition on a non-liability health care basis, regardless of their eligibility for other treatment under veterans’ affairs laws. The Pilot is initially available in the Brisbane metropolitan area, specifically at nine identified public and private hospitals, and aims to provide intensive and assertive management services to support the mental health outcomes of participating veterans. The geographic scope of the Act is limited to the Brisbane metropolitan area, although opportunities to expand the Pilot to other locations will be considered once the initial approach is operational. There are no stated exclusions, exemptions, or thresholds in the Determination, but the Repatriation Commission may extend or restrict the application through subordinate instruments. The instrument is made under the authority of the Veterans’ Affairs Legislation Amendment (Veteran-centric Reforms No.2) Act 2018, which inserted a new section 88B into the Veterans’ Entitlements Act 1986, enabling the Repatriation Commission to determine the class of persons eligible for treatment under the Pilot.

Key Provisions

The main operative sections of the Veterans’ Entitlements (Veteran Suicide Prevention Pilot) Determination 2018 (Instrument 2018 No. R70) establish a framework for eligibility of veterans for treatment under the Veteran Suicide Prevention Pilot, a program aimed at providing mental health support to veterans who have been hospitalised for attempted suicide, suicide ideation, or a mental health condition and who are clinically assessed as being at an increased risk of suicide (section 6). The Pilot is designed to offer intensive and assertive management services to improve mental health outcomes and reduce the risk of suicide among participating veterans. Eligible individuals must have ceased to be members of the Permanent Forces, have been hospitalised at a relevant hospital, be eligible for treatment on a non-liability health care basis, and be Australian residents living in Australia. The initial implementation of the Pilot is set in the Brisbane metropolitan area, engaging both public and private hospitals identified through analysis of suicide deaths in the ex-service community and Department of Veterans’ Affairs (DVA) client data. The Act imposes several obligations on the parties involved. The Repatriation Commission is responsible for determining the class of persons eligible for treatment under the Pilot. The DVA, through its contractor beyondblue, is tasked with adapting the existing ‘The Way Back Support Service’ to include intake of veterans and ex-serving ADF personnel. The service will provide coordinated support, linking participants with additional DVA and ex-service organisation supports, including case management, counselling, advocacy services, and social support activities. Hospitals participating in the Pilot must ensure they adhere to the criteria set forth for eligibility and service provision as defined in the determination. Breach of the provisions outlined in the Determination may result in civil or criminal consequences. While the Determination itself does not explicitly detail specific penalties for non-compliance, violations of the underlying Veterans’ Entitlements Act 1986 or related regulations could result in penalties. For example, under the Veterans’ Entitlements Act, misleading or false statements made in connection with entitlements could result in fines, and in severe cases, imprisonment. Additionally, failure to comply with administrative requirements could lead to civil actions for breach of statutory obligations. The maximum penalties for contraventions under the Veterans’ Entitlements Act generally depend on the severity and intent behind the breach, ranging from fines to more significant penalties for serious or repeated violations.

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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.