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Military Rehabilitation and Compensation Amendment (Single Treatment Pathway) Bill 2019

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8697

2019

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

Military Rehabilitation and Compensation Amendment (Single Treatment Pathway) Bill 2019

 

 

(1)     Page 13 (after line 5), at the end of the Bill, add:

Schedule 2 Commission’s financial responsibility for mental health treatment

   

Military Rehabilitation and Compensation Act 2004

1  After section 287

Insert:

287AA   Mental health determination

             (1)  If:

                     (a)  a treatment determination sets out the circumstances in which, and the extent to which, the Commission accepts financial responsibility for particular costs for a treatment relating to mental health; and

                     (b)  the Commission is satisfied that the extent of the financial responsibility that the Commission has accepted for the treatment is not sufficient to ensure that the treatment will be promptly provided to persons entitled to the treatment;

the Commission must make a writt en determination (a mental health determination ) in relation to the treatment setting out the financial responsibility the Commission accepts for the cost for the treatment that will be sufficient to ensure the treatment is promptly provided.

             (2)  In making a mental health determination, the Commission must:

                     (a)  have regard to the average fee charged for the treatment; and

                     (b)  consult with persons or bodies that represent the interests of persons that provide the treatment.

Determination must be approved by the Minister

             (3)  A mental health determination has no effect unless the Minister has approved it in writing.

Legislative instrument

             (4)  A mental health determination made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.

Incorporation of other instruments

             (5)  Despite subsection 14 (2) of the Legislation Act 2003 , a mental health determination may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.

Application of determinations

             (6)  A mental health determination applies despite any treatment determination.

[mental health determination]

287AB   Review of mental health determination

             (1)  The Commission must conduct a review of a mental health determination (within the meaning of section 287AA) in relation to a treatment before the end of the review period.

             (2)  The review period is the period of 2 years:

                     (a)  if an earlier review concludes the determination was sufficient to ensure the treatment will be promptly provided—beginning on the day the earlier review so concluded; or

                     (b)  otherwise—beginning on the day the determination is approved by the Minister under subsection 287AA(3).

             (3)  If the review of the determination concludes that the financial responsibility the Commission has accepted for the cost of the treatment is no longer sufficient to ensure that the treatment will be promptly provided, the Commission must make a further mental health determination in relation to the treatment.

 [mental health determination]