Explanatory Memorandum
(Circulated by authority of the Minister for Veterans' Affairs, The Honourable Michael McCormack MP)Schedule 3 - Coordinated Veteran Care mental health pilot
Military Rehabilitation and Compensation Act 2004 and Veterans' Entitlements Act 1986
The amendments made by Schedule 3, will amend the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to create a new legislative scheme to provide a new pilot program to improve the mental health support available to veterans' in rural and regional areas.
In the 2017-18 Budget, funding was provided over the forward estimates for two new pilots on suicide prevention and to improve the mental health support available to veterans. The Coordinated Veterans' Care Mental Health Pilot (the CVC Mental Health Pilot) is funded at $3.6 million over forward estimates.
The CVC Mental Health Pilot will build on the existing CVC Program which uses a team-based model of care led by a General Practitioner and supported by a practice nurse. In this Pilot, the GP would assess and diagnose clients, undertake care planning, and refer clients to use an application on a smart device. The pilot is for veterans with mild to moderate mental health conditions, such as anxiety or depression, who also have a physical condition requiring pain management.
The CVC Mental Health Pilot will recruit up to 125 participants each year over 2 years (250 in total) with the aim to provide support to veterans in rural and regional areas.
These amendments commence on the 28th day after this Act receives Royal Assent.
Notes of Clauses:
Item 1 amends the Military Rehabilitation and Compensation Act 2004 (MRCA) to add new section 287A at the end of Division 4 of Part 3.
Item 2 amends the Veterans' Entitlements Act 1986 (VEA) to add a new section 90AA after section 90 in Part V.
As the two provisions, sections 287A in the MRCA and 90AA in the VEA, mirror each other and will operate in the same way the below notes on clauses will address both sections. Where the sections vary a separate note on the clause will be provided.
New subsections 287(1) of the MRCA will provide "Despite any other provision of this Part, a person is entitled to services under the program established by the Commonwealth and known as the Coordinated Veterans' Care mental health pilot only if the person is included in a class of persons determined in an instrument under subsection and the Commission has determined, in writing, that this sections applies to the person.".
New subsections 90AA(1) of the VEA will provide "Despite section 90, a person is entitled to services under the program established by the Commonwealth and known as the Coordinated Veterans' Care mental health pilot only if the person is included in a class of persons determined in an instrument under subsection and the Commission has determined, in writing, that this sections applies to the person.".
New subsection (2) provides "the Commission may, by legislative instrument determine a class of persons for the purposes of paragraph (1)(a).
Subsection 287(1) and (2) of the MRCA and subsection 90AA(1) and (2) of the VEA are worded similarly and their operation will be similar. Subsections (1) and (2) will enable the Commission to make a determination in relation to a class of persons who may be identified as being entitled to services under the Coordinated Veterans' Care mental health pilot.
The Coordinated Veterans' Care mental health pilot is a program to provide cognitive behaviour treatment via a smart device application in combination with a care plan. The program is intended to provide mental health support to those veterans with a chronic mild to moderate mental health condition, which could include anxiety or depression combined with a co-morbid physical health condition requiring pain management.
Ideally the person will be in an area identified as regional or rural. The program will recruit up to 125 participants each year over two years with a total of 250 participants.
New subsection (3) provides "despite subsection 14(2) of the Legislation Act 2003, an instrument under subsection (2) of this section 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.".
The subsection enables any determination made under new subsection (3) to incorporate legislative instruments already made and registered. The intention is to enable future flexibility to enable the Commission to make a determination to 'picks up' other registered legislative instruments.
All documents incorporated by reference into Department of Veterans' Affairs' legislative instruments are available to view online at: http://clik.dva.gov.au/legislation-library . The Department would undertake to place any document incorporated by reference under an instrument made under Subsection 287(1) and (2) of the MRCA and subsection 90AA(1) and (2) of the VEA on this web page.
New subsection (4) prescribes a "determination under paragraph (1)(b) is not a legislative instrument.".
Subsection (4) exempts a declaration made under paragraph (1)(b) from the Legislation Act 2003. The intent of this amendment is to ensure those persons selected by the Commission and named in the determination are able to participate within the pilot promptly and without delay.
This paragraph will have the effect of avoiding disallowance of the determination, however, an additional level of scrutiny is counterproductive to the timely roll out of the pilot and unnecessary given the person is selected based on the advice of a doctor who has identified his or her patient as an ideal candidate for the pilot.