Australian Government

Veterans’ Entitlements (Treatment Principles – Streamlining Access to Non-Liability Health Care) Amendment Instrument 2016

Instrument 2016 No.R16 

Name

1 This instrument is the Veterans’ Entitlements (Treatment Principles – Streamlining Access to Non-Liability Health Care) Amendment Instrument 2016.

Commencement

2 This instrument commences on the day after it is registered.

Authority

3     This instrument is made under subsection 90(4) of the Veterans’ Entitlements Act 1986.

Schedule

4 The Treatment Principles (Instrument 2013 No. R52) are varied in accordance with the items in the Schedule.

Schedule

Variations to the Treatment Principles (Instrument 2013 No. R52)

1 Paragraph 1.4.1 (definitions)

omit the definition of “general practitioner”, substitute:

“general practitioner” means a person who is a medical practitioner as defined in these Principles whether or not the person is registered under the Health Insurance Act 1973 as a vocationally registered general practitioner.

Note:  Paragraph 2.4.2A of these Principles provides for a general practitioner, amongst others, to make a diagnosis of post-traumatic stress disorder, alcohol use disorder or substance use disorder in the context of the provision of non-liability health care treatment for veterans.

2 Paragraph 1.4.1 (definitions)

omit the definition of “eligible person”, substitute:

“eligible person” has the same meaning that it has in subsection 90(8) of the Act.

3 Paragraph 1.4.1 (definitions)

omit the definition of “White Card”, substitute:

"White Card" means the identification card provided by the Department to a person who is eligible under the Act for treatment, subject to these Principles and any determination under section 88A of the Act, for one or more of the following conditions:

(a)  a determined condition (other than an unidentifiable condition);

(b)  a SRCA disability;

(c)  alcohol use disorder;

(d)  anxiety disorder;

(e)  depressive disorder;

(f)   malignant neoplasia;

(g)  post-traumatic stress disorder;

(h)  pulmonary tuberculosis;

(i)    substance use disorder;

(j)    war-caused injury;

(k) war-caused disease;

and also means a written authorisation issued on behalf of the Commission under subparagraph 2.1.1(a)(iii) and provided to a person who is eligible under the Act for treatment, subject to these Principles and any determination under section 88A of the Act, of the following condition:

(l) unidentifiable condition.

Note: an "unidentifiable condition" is governed by section 9 of Instrument 2015 No. R21.

4 Paragraph 1.4.1 (definitions)

insert:

“alcohol use disorder” is the disorder described as an alcohol use disorder in paragraph 3(b) of Statement of Principles No. 1/2009 or in paragraph 3(b) of Statement of Principles No. 2/2009 in force from time to time; or as described as alcohol use disorder in any subsequent Statement of Principles in force from time to time.

“anxiety disorder” is the disorder described as an anxiety disorder in paragraph 3(b) of Statement of Principles No. 102/2014 or in paragraph 3(b) of Statement of Principles No. 103/2014 in force from time to time; or as described as an anxiety disorder in any subsequent Statement of Principles in force from time to time.

“depressive disorder” is the disorder described as a depressive disorder in paragraph 3(b) of  Statement of Principles No. 83/2015 or in paragraph 7(2) of Statement of Principles No. 84/2015 in force from time to time; or as described as a depressive disorder in any subsequent Statement of Principles in force from time to time.

“post-traumatic stress disorder” is the disorder described as post-traumatic stress disorder in paragraph 3(b) of Statement of Principles No. 82/2014 or in paragraph 3(b) of Statement of Principles No. 83/2014 in force from time to time; or as described as post-traumatic stress disorder in any subsequent Statement of Principles in force from time to time.

“substance use disorder” is the disorder described as substance use disorder in paragraph 3(b) of Statement of Principles No. 3 of 2009 or in paragraph 3(b) of Statement of Principles No. 4/2009 in force from time to time; or as described as substance use disorder in any subsequent Statement of Principles in force from time to time.

5 Paragraph 2.4

omit the heading, substitute:

2.4 Treatment of malignant neoplasia, pulmonary tuberculosis and mental health conditions for veterans.

6 Paragraph 2.5.1

after the paragraph, insert:

Note:  The Veterans’ Entitlements Treatment (Anxiety and Depressive Disorders) Determination (Instrument 2015 No. R13), for example, establishes eligibility for veterans for treatment of anxiety disorder, depressive disorder, or both, on a non-liability health care basis.

7 Paragraph 2.5.1

omit:

veteran

substitute:

person

8 Paragraph 2.5.1

after paragraph 2.5.1, insert:

2.5A Treatment of mental health conditions for peacetime service personnel

2.5A.1     The Commission will provide, arrange, or accept financial responsibility for a peacetime service person for the treatment of the peacetime service person’s mental health condition irrespective of whether the person’s mental health condition is a service-related condition.

2.5A.2   Continuing financial responsibility for treatment under paragraph 2.5A.1 may be reviewed and may be withdrawn by the Commission if the Commission is satisfied that the peacetime service person does not suffer, or no longer suffers, any incapacity from the mental health condition for which financial responsibility was provided, arranged or accepted under paragraph 2.5A.1.

2.5A.3     The Commission will provide, arrange, or accept financial responsibility for a peacetime service person for the reasonable treatment of an injury or disease that is not service-related to the extent that it is a necessary part of, and is directly associated with, the treatment of the peacetime service person’s mental health condition in respect of which financial responsibility was provided, arranged or accepted under paragraph 2.5A.1.

2.5A.4   In paragraph 2.5A:

“peacetime service person” means a person who falls within a class of persons specified in Part 2 of the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 (Instrument No. 2014 R18), as in force from time to time; and

“mental health condition” means anxiety disorder, depressive disorder, post-traumatic stress disorder, alcohol use disorder or substance use disorder, as the case requires, and as defined in these Principles.

Note:  Other matters dealing with the provision of non-liability health care treatment for peacetime service persons are dealt with in the Veterans’ Affairs (Peacetime Service Eligibility for Non-Liability Health Care) Instrument 2014 (Instrument No. 2014 R18).