1 Name
This instrument is the Veterans’ Affairs (Treatment Principles—Extending Access to Allied Health and Rehabilitation Appliances for Residential Care Recipients) Amendment Determination 2022.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | 1 October 2022. | 1 October 2022 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the following:
(a) section 286 of the Military Rehabilitation and Compensation Act 2004;
(b) section 90 of the Veterans’ Entitlements Act 1986.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendment of the MRCA Treatment Principles made under section 286 of the Military Rehabilitation and Compensation Act 2004
MRCA Treatment Principles
1 Paragraph 1.4.1 (definition of “high level of residential care (respite)”)
Repeal the definition.
2 Paragraph 1.4.1 (definition of “residential care (consisting of at least one high or two medium domain categories)”)
Repeal the definition.
3 Subparagraph 2.2.4(a)(ii)
Repeal the subparagraph, substitute:
(ii) an amount equal to the amount of residential care subsidy that would be payable if the member or former member was in Australia for the same period, plus any daily care fee that the Commission would have accepted responsibility for if the member or former member was in Australia;
4 Subparagraph 2.2.4(b)(ii)
Repeal the subparagraph, substitute:
(ii) an amount equal to the amount of residential care subsidy that would be payable if the member or former member was in Australia for the same period (not exceeding 63 days in a financial year), plus any daily care fee that the Commission would have accepted responsibility for if the member or former member was in Australia.
5 Paragraph 7.1.3
Repeal the paragraph (including the notes), substitute:
7.1.3 The Commission will not accept financial responsibility for a service listed in paragraph 7.1.2 for an entitled person receiving residential care if the Commission is satisfied that it is more appropriate that the service is provided by the owner or operator of the residential care facility because, due to assistance (financial or otherwise) received by the owner or operator of the residential care facility under Commonwealth, State or Territory legislation, it is fair for the owner or operator of the residential care facility to bear the cost of supplying the service.
Note: For example, if the Commission is taken to have accepted financial responsibility for amounts in respect of the entitled person’s residential care under Part 10 on the basis that those amounts are intended to cover services listed in paragraph 7.1.2, the Commission will not also accept financial responsibility for those services under paragraph 7.1.2.
6 Principle 7.1C
Repeal the Principle.
7 Paragraph 7.5.3
Repeal the paragraph (including the note), substitute:
7.5.3 Prior approval is required for physiotherapy treatment where those services are to be provided in a public hospital.
8 Paragraph 7.6.2
Omit “Subject to paragraph 7.1C.1, prior”, substitute “Prior”.
9 Paragraph 7.6.2(a)
Repeal the paragraph.
10 Paragraph 7.6.2 (note)
Repeal the note.
11 Paragraph 7.6A.2
Repeal the paragraph (including the note), substitute:
7.6A.2 Prior approval is required for diabetes educator services where those services are to be provided to an entitled person in a public hospital.
12 Paragraph 10.2.1(b)
Omit “residential care (consisting of at least one high or two medium domain categories)”, substitute “residential care”.
13 Subparagraph 11.3.6(a)(ii) (note)
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
14 Subparagraph 11.3.6(a)(iv) (note (2))
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
15 Paragraph 11.3.6(b) (note (4))
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
16 Subparagraph 11.3.6(c)(iii) (second occurring)
Omit “(iii) it is otherwise”, substitute “(iv) it is otherwise”.
17 Paragraph 11.3.6(c) (note)
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
Part 2—Amendment of the Treatment Principles made under section 90 of the Veterans’ Entitlements Act 1986
Treatment Principles
18 Paragraph 1.4.1 (definition of “high level of residential care (respite)”)
Repeal the definition.
19 Paragraph 1.4.1 (definition of “residential care (consisting of at least one high or two medium domain categories)”)
Repeal the definition.
20 Subparagraph 2.2.4(a)(ii)
Repeal the subparagraph, substitute:
(ii) an amount equal to the amount of residential care subsidy that would be payable if the veteran was in Australia for the same period, plus any daily care fee that the Commission would have accepted responsibility for if the veteran was in Australia;
21 Subparagraph 2.2.4(b)(ii)
Repeal the subparagraph, substitute:
(ii) an amount equal to the amount of residential care subsidy that would be payable if the veteran was in Australia for the same period (not exceeding 63 days in a financial year), plus any daily care fee that the Commission would have accepted responsibility for if the veteran was in Australia.
22 Paragraph 7.1.3
Repeal the paragraph (including the notes), substitute:
7.1.3 The Commission will not accept financial responsibility for a service listed in paragraph 7.1.2 for an entitled person receiving residential care if the Commission is satisfied that it is more appropriate that the service is provided by the owner or operator of the residential care facility because, due to assistance (financial or otherwise) received by the owner or operator of the residential care facility under Commonwealth, State or Territory legislation, it is fair for the owner or operator of the residential care facility to bear the cost of supplying the service.
Note: For example, if the Commission is taken to have accepted financial responsibility for amounts in respect of the entitled person’s residential care under Part 10 on the basis that those amounts are intended to cover services listed in paragraph 7.1.2, the Commission will not also accept financial responsibility for those services under paragraph 7.1.2.
23 Principle 7.1C
Repeal the Principle.
24 Paragraph 7.5.3
Repeal the paragraph (including the note), substitute:
7.5.3 Prior approval is required for physiotherapy treatment where those services are to be provided in a public hospital.
25 Paragraph 7.6.2
Omit “Subject to paragraph 7.1C.1, prior”, substitute “Prior”.
26 Paragraph 7.6.2(a)
Repeal the paragraph.
27 Paragraph 7.6.2 (note)
Repeal the note.
28 Paragraph 7.6A.2
Repeal the paragraph (including the note), substitute:
7.6A.2 Prior approval is required for diabetes educator services where those services are to be provided to an entitled person in a public hospital.
29 Paragraph 10.3.1(b)
Omit “residential care (consisting of at least one high or two medium domain categories)”, substitute “residential care”.
30 Paragraph 11.1.1 (note (3)) (second occurring)
Omit “Note (3)”, substitute “Note (4)”.
31 Subparagraph 11.3.6(a)(ii) (note)
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
32 Subparagraph 11.3.6(a)(iv) (note (2))
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
33 Paragraph 11.3.6(b) (note (4))
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
34 Subparagraph 11.3.6(c)(iii) (second occurring)
Omit “(iii) it is otherwise”, substitute “(iv) it is otherwise”.
35 Paragraph 11.3.6(c) (note)
Omit “http://www.dva.gov.au/service_providers/rap/Pages/Schedule_Guidelines.aspx”, substitute “https://www.dva.gov.au/providers/rehabilitation‑appliances‑program‑rap/rap‑schedule”.
