Explanatory Memorandum
(Circulated by authority of the Minister for Veterans and Defence Personnel, The Honourable Darren Chester MP)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
MILITARY REHABILITATION AND COMPENSATION AMENDMENT (SINGLE TREATMENT PATHWAY) BILL 2019
The Military Rehabilitation and Compensation Amendment (Single Treatment Pathway) Bill 2019 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Schedule 1 - Single treatment pathway
Overview of the Schedule
The amendments proposed to be made by Schedule 1 would amend the Military Rehabilitation and Compensation Act 2004 (MRCA) to simplify the treatment pathways for medical treatment.
Under the MRCA, there are two pathways under which the Military Rehabilitation and Compensation Commission can pay for clients' medical treatment. Pathway one provides that a client is reimbursed for reasonable medical treatment received whereas under pathway two clients are issued with a DVA Health Card and access treatment through the card without having to pay upfront and seek reimbursement.
The 2011 Review of Military Compensation report identified that pathway one could be removed and all eligible clients be transferred to pathway two. This would align the MRCA treatment pathways to that of the Veterans' Entitlements Act 1986. In 2013, a single treatment pathway model was implemented for clients under the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988.
These amendments commence the day this Act receives the Royal Assent.
Human rights implications
The amendments proposed to be made by Schedule 1 engages Article 9 of the International Covenant on Economic Social and Cultural Rights (ICESCR), specifically, the right to health.
The Right to Health
Article 12 of the ICESCR refers to the "the right of everyone to the enjoyment of the highest attainable standard of physical and mental health".
The UN Committee on Economic Social and Cultural Rights (the Committee) has stated that the right to health is not a right for each individual to be healthy, but is a right to a system of health protection which provides equality of opportunity for people to enjoy the highest attainable level of health.
The Committee reports that the 'highest attainable standard of health' takes into account the country's available resources. This right may be understood as a right of access to a variety of public health and health care facilities, goods, services, programs, and conditions necessary for the realisation of the highest attainable standard of health.
Analysis
The amendments promote the right to health by facilitating easier access to medical treatment for veterans as all treatment costs will be paid for by the Department of Veterans' Affairs (DVA) through their DVA Health Card. The schedule will make health care for veterans more accessible, timely and efficient, and will mean that they do not have to pay for the treatment. Veterans will only need to present their DVA Health Card at the time of medical treatment and all payments will be made directly to health providers via the Medicare system.
Conclusion
This Schedule is compatible with the right to health as it supports veterans' right to health as it promotes greater access by ensuring payment of treatment costs through the DVA Health Card and no longer requiring veterans to pay up-front and then seek reimbursement.