Document ID: chunk:federal_register_of_legislation:F2021L00387:body:0:p2
Version: federal_register_of_legislation:F2021L00387
Segment Type: other
Provision Reference: 
Character Range: 3211–6127

Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);

    and:

              (c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.

    veterans' affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans' Affairs Minister. Veterans' Affairs Minister means the Minister responsible for administering the Veterans' Entitlements Act 1986.

    veteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).

 1.5 Purpose

    The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans' dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).

     Upon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.

     Section 88A of the Act enables 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 where no injury or disease exists.

     Section 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on 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 Act.

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

     The treatment is preventive in nature.

Part 2 Specified Class of Person

    2.1  A person who

     (a) is a veteran; and

        (b)  is in Australia at the time the specified treatment is provided to the veteran; and

     (c)  holds a Gold Card;

   is eligible to be provided with the specified treatment.

  2.2 A person who:

      (a)  is a dependant of a veteran; and

        (b)  is in Australia at the time the specified treatment is provided to the dependant; and