Document ID: chunk:federal_register_of_legislation:F2024C00744:front:0:p35
Version: federal_register_of_legislation:F2024C00744
Segment Type: other
Provision Reference: 
Character Range: 91934–94882

1.4.1 and, generally speaking, is action taken by an education and research facility pursuant to an arrangement with the Commission to inquire into issues associated with the health of Defence Force members which could have a benefit for the health care of veterans and dependants of veterans, under the Act, and members and dependants of members or former members, under the MRCA.

       Note (3): under s.88A(1)(d) of the Veterans' Entitlements Act 1986 (VEA) a determination may be made granting eligibility for treatment under the VEA to "a person".  A determination has been made granting eligibility for TRCP treatment under the VEA to a member or former member under MRCA and to a dependant of a member or former member.

       Note (4): prior approval for TRCP treatment is not required.

      2.7B Australian Centre for Posttraumatic Mental Health Treatment

       2.7B.1 The Commission may accept financial liability for ACPMH treatment provided for the benefit of an entitled veteran who is eligible for such treatment by virtue of Determination no.R32/2007 made under section 88A of the Act and entitled Veterans' Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007.

       Note (1): under subsection 80(1) of the Act treatment can be action taken with a view to maintaining a person in physical or mental health.

       Note (2): the intention is that the Commission may accept liability for ACPMH treatment even though such treatment is not directly provided by the Australian Centre for Posttraumatic Mental Health but under its auspices.

       Note (3): The Treatment Principles establish the treatment called ACPMH treatment and the Determination entitled Veterans' Entitlements Treatment (Australian Centre for Posttraumatic Mental Health) Determination 2007 (R32/2007), made under s.88A of the Act, establishes eligibility for that treatment.

       Note (4): Unlike most of the eligibility provisions in Part V of the Act, eligibility for treatment under a "s.88A determination" need not relate to an injury or disease but can relate to a person's condition generally.

              Note (5): prior approval for ACPMH treatment is not required.

2.8 Loss of eligibility for treatment
2.8.1 Unless the Commission makes a determination under subsection 85(8) of the Act, it will not provide, arrange, or accept financial responsibility for treatment for a person, as an entitled person, on or from:

(a) the date of notification that the person is no longer eligible under section 85, 86, 88A or 88B  of the Act; or

(b) the effective date of reduction or cancellation of the qualifying pension;

whichever is the later.
Note: Subsection 85(8) provides, in effect, that where a service pension is suspended, the Commission may determine that, for the purposes of treatment eligibility, the person is deemed to be continuing to receive that pension during the period, or part of