{"id":"F2005L00530","name":"Repatriation Private Patient Principles 2004","slug":"repatriation-private-patient-principles-2004","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112744,"registerId":"commonwealth-F2005L00530-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Preliminary","content":"# 1. Preliminary\n\nThese Principles are the Repatriation Private Patient Principles.\n\nFor the purposes of these Principles, unless a contrary intention appears:\n\nAct means the Veterans’ Entitlements Act 1986 in force from time to time.\n\nadmission means admission for treatment as an in-patient or day-patient upon the referral of a medical specialist or a Local Medical Officer.\n\nCommission means the Repatriation Commission, continued in existence by section 179 of the Act.contracted private hospital\n\ncontracted private hospital means a private hospital in respect of which the Commission has entered into arrangements for the treatment of entitled persons.\n\ncountry area of a State has the meaning given it by the Instrument made by the Commission under paragraph 80 (2) (b) of the Act.\n\nDepartment means the Australian Government Department of Veterans’ Affairs.\n\ndependant of a Vietnam veteran means a person described in subsection 86(5) of the Act.\n\nDeputy Commissioner means the person appointed by the Secretary of the Department to manage the affairs of the Department in a State or Territory.\n\nemergency means a situation in which a person requires immediate treatment because of a serious threat to the person’s life or health.\n\nentitled person means a person eligible for treatment under Part V of the Act but does not include a Vietnam veteran, or a dependant of a Vietnam veteran, who is eligible only under subsection 85(9) or subsection 86(5) of the Act, respectively, for urgent treatment.\n\nfacility fee means a fee relating to accident and emergency services charged by a particular hospital.\n\nformer Repatriation Hospital means a hospital or other institution that was formerly operated by the Commission under paragraph 89(1)(a) of the Act.\n\nNote: see the Repatriation Institutions (Transfer) Act 1992\n\nLocal Medical Officer means a medical practitioner who:\n\n(a) is registered under the Notes for Local Medical officers as a Local Medical Officer and who treats an entitled person in accordance with the terms, and subject to the conditions, in the Treatment Principles and in the “Notes for Local Medical Officers”; and\n\n(b) has been given a provider number by Medicare Australia, in respect of being a medical practitioner, that has not been suspended or revoked.\n\n> medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners but does not include a person so registered or licensed:\n\n(a) whose registration, or licence to practise, as a medical practitioner in any State or Territory has been suspended, or cancelled, following an inquiry relating to his or her conduct; and\n\n(b) who has not, after that suspension or cancellation, again been authorised to register or practise as a medical practitioner in that State or Territory.\n\nmedical specialist means a medical practitioner who is recognised as a consultant physician or specialist in the appropriate specialty for the purposes of the Health Insurance Act 1973.\n\nMedicare Australia means Medicare Australia established by the Medicare Australia Act 1973.\n\nNotes for Local Medical Officers has the same meaning it has in the Treatment Principles.\n\nPrinciples means the current Repatriation Private Patient Principles determined by the Commission under subsection 90A(1) of the Act.\n\nprior approval means:\n\n(a) in relation to treatment—approval by the Commission for treatment before the treatment was given or commenced to be given; and\n\n(b) in relation to admission to a hospital—approval by the Commission for admission to that hospital before the person is admitted.\n\nprivate hospital means premises that have been declared to be:\n\n(a) a private hospital for the purposes of the Health Insurance Act 1973; or\n\n(b) a day hospital facility for the purposes of the National Health Act 1953.\n\nprivate patient has the meaning given by subsection 90A (8) of the Act.\n\npublic hospital means a hospital operated by a State or Territory or by the Commonwealth.\n\nrevoked Repatriation Private Patient Principles means the Repatriation Private Patient Principles No.8 of 1992 approved by the Minister on 25 June 1992.\n\nTreatment Monitoring Committee means:\n\n(a) a committee established by the Commission under these Principles to monitor the access to, and quality of, treatment provided in Hospitals or other Institutions to entitled persons; or\n\n(b) a committee established by the Repatriation Commission under the revoked Repatriation Private Patient Principles, to monitor the access to, and quality of, treatment provided in Hospitals or other Institutions to persons who were entitled to treatment under the revoked Repatriation Private Patient Principles.\n\nTreatment Principles means the document prepared by the Commission under section 90 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.\n\nveteran partnering private hospital means a contracted private hospital that is described as a “veteran partnering private hospital” in its arrangement with the Commission under subsection 89(1) of the Act.\n\nNote: other Tier 1 status hospitals which have similar partnering arrangements are public hospitals and former Repatriation Hospitals.\n\nVietnam veteran means a person described in subsection 85(9) of the Act.\n\nAn entitled person is to receive hospital care as a private patient, which entitles the person, as a minimum, to:\n\n(a) the patient’s choice of doctor, subject to the doctor having practising rights at the relevant hospital; and\n\n(b) shared accommodation; and\n\n(c) if medically necessary, private accommodation.\n\nThese Principles are the Repatriation Private Patient Principles.\n\nFor the purposes of these Principles, unless a contrary intention appears:\n\nAct means the Veterans’ Entitlements Act 1986 in force from time to time.\n\nadmission means admission for treatment as an in-patient or day-patient upon the referral of a medical specialist or a Local Medical Officer.\n\nCommission means the Repatriation Commission, continued in existence by section 179 of the Act.contracted private hospital\n\ncontracted private hospital means a private hospital in respect of which the Commission has entered into arrangements for the treatment of entitled persons.\n\ncountry area of a State has the meaning given it by the Instrument made by the Commission under paragraph 80 (2) (b) of the Act.\n\nDepartment means the Australian Government Department of Veterans’ Affairs.\n\ndependant of a Vietnam veteran means a person described in subsection 86(5) of the Act.\n\nDeputy Commissioner means the person appointed by the Secretary of the Department to manage the affairs of the Department in a State or Territory.\n\nemergency means a situation in which a person requires immediate treatment because of a serious threat to the person’s life or health.\n\nentitled person means a person eligible for treatment under Part V of the Act but does not include a Vietnam veteran, or a dependant of a Vietnam veteran, who is eligible only under subsection 85(9) or subsection 86(5) of the Act, respectively, for urgent treatment.\n\nfacility fee means a fee relating to accident and emergency services charged by a particular hospital.\n\nformer Repatriation Hospital means a hospital or other institution that was formerly operated by the Commission under paragraph 89(1)(a) of the Act.\n\nNote: see the Repatriation Institutions (Transfer) Act 1992\n\nLocal Medical Officer means a medical practitioner who:\n\n(a) is registered under the Notes for Local Medical officers as a Local Medical Officer and who treats an entitled person in accordance with the terms, and subject to the conditions, in the Treatment Principles and in the “Notes for Local Medical Officers”; and\n\n(b) has been given a provider number by Medicare Australia, in respect of being a medical practitioner, that has not been suspended or revoked.\n\n> medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners but does not include a person so registered or licensed:\n\n(a) whose registration, or licence to practise, as a medical practitioner in any State or Territory has been suspended, or cancelled, following an inquiry relating to his or her conduct; and\n\n(b) who has not, after that suspension or cancellation, again been authorised to register or practise as a medical practitioner in that State or Territory.\n\nmedical specialist means a medical practitioner who is recognised as a consultant physician or specialist in the appropriate specialty for the purposes of the Health Insurance Act 1973.\n\nMedicare Australia means Medicare Australia established by the Medicare Australia Act 1973.\n\nNotes for Local Medical Officers has the same meaning it has in the Treatment Principles.\n\nPrinciples means the current Repatriation Private Patient Principles determined by the Commission under subsection 90A(1) of the Act.\n\nprior approval means:\n\n(a) in relation to treatment—approval by the Commission for treatment before the treatment was given or commenced to be given; and\n\n(b) in relation to admission to a hospital—approval by the Commission for admission to that hospital before the person is admitted.\n\nprivate hospital means premises that have been declared to be:\n\n(a) a private hospital for the purposes of the Health Insurance Act 1973; or\n\n(b) a day hospital facility for the purposes of the National Health Act 1953.\n\nprivate patient has the meaning given by subsection 90A (8) of the Act.\n\npublic hospital means a hospital operated by a State or Territory or by the Commonwealth.\n\nrevoked Repatriation Private Patient Principles means the Repatriation Private Patient Principles No.8 of 1992 approved by the Minister on 25 June 1992.\n\nTreatment Monitoring Committee means:\n\n(a) a committee established by the Commission under these Principles to monitor the access to, and quality of, treatment provided in Hospitals or other Institutions to entitled persons; or\n\n(b) a committee established by the Repatriation Commission under the revoked Repatriation Private Patient Principles, to monitor the access to, and quality of, treatment provided in Hospitals or other Institutions to persons who were entitled to treatment under the revoked Repatriation Private Patient Principles.\n\nTreatment Principles means the document prepared by the Commission under section 90 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.\n\nveteran partnering private hospital means a contracted private hospital that is described as a “veteran partnering private hospital” in its arrangement with the Commission under subsection 89(1) of the Act.\n\nNote: other Tier 1 status hospitals which have similar partnering arrangements are public hospitals and former Repatriation Hospitals.\n\nVietnam veteran means a person described in subsection 85(9) of the Act.\n\nAn entitled person is to receive hospital care as a private patient, which entitles the person, as a minimum, to:\n\n(a) the patient’s choice of doctor, subject to the doctor having practising rights at the relevant hospital; and\n\n(b) shared accommodation; and\n\n(c) if medically necessary, private accommodation.\n\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Order of preference for admission to hospital","content":"## 2. Order of preference for admission to 2. Order of preference for admission to hospital\n\n| Level | Preference | Hospital |\n| ----------------------------- | ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Tier 1 | first | former Repatriation Hospital, public hospital, or veteran partnering private hospital |\n| Tier 2(special authorisation) | second | The Contracted private hospital is not required to seek prior approval for a referral for services specified in the contract, chargeable to DVA, from a Tier 1 hospital. The Contracted private hospital must seek prior approval for all other admissions. |\n| Tier 2 | second | Contracted private hospital |\n| Tier 3 | third | Non-Contracted private hospital |\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.\n\n| Level | Preference | Hospital |\n| ----------------------------- | ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Tier 1 | first | former Repatriation Hospital, public hospital, or veteran partnering private hospital |\n| Tier 2(special authorisation) | second | The Contracted private hospital is not required to seek prior approval for a referral for services specified in the contract, chargeable to DVA, from a Tier 1 hospital. The Contracted private hospital must seek prior approval for all other admissions. |\n| Tier 2 | second | Contracted private hospital |\n| Tier 3 | third | Non-Contracted private hospital |\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.\n\n## Preference Preference\n\n##### Preference\n\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Prior approval not required","content":"## 3. Prior approval not required 3. Prior approval not required\n\n| Level | Preference | Hospital |\n| ----------------------------- | ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Tier 1 | first | former Repatriation Hospital, public hospital, or veteran partnering private hospital |\n| Tier 2(special authorisation) | second | The Contracted private hospital is not required to seek prior approval for a referral for services specified in the contract, chargeable to DVA, from a Tier 1 hospital. The Contracted private hospital must seek prior approval for all other admissions. |\n| Tier 2 | second | Contracted private hospital |\n| Tier 3 | third | Non-Contracted private hospital |\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\n","sortOrder":2},{"sectionNumber":"3.3","sectionType":"section","heading":"Non-emergency Tier 2 hospital treatment","content":"## 3.3. Non-emergency Tier 2 hospital treat 3.3. Non-emergency Tier 2 hospital treatment\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\n","sortOrder":3},{"sectionNumber":"3.4","sectionType":"section","heading":"Emergency hospital treatment","content":"## 3.4. Emergency hospital treatment 3.4. Emergency hospital treatment\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Prior approval required","content":"## 4. Prior approval required 4. Prior approval required\n\n| Level | Preference | Hospital |\n| ----------------------------- | ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Tier 1 | first | former Repatriation Hospital, public hospital, or veteran partnering private hospital |\n| Tier 2(special authorisation) | second | The Contracted private hospital is not required to seek prior approval for a referral for services specified in the contract, chargeable to DVA, from a Tier 1 hospital. The Contracted private hospital must seek prior approval for all other admissions. |\n| Tier 2 | second | Contracted private hospital |\n| Tier 3 | third | Non-Contracted private hospital |\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Treatment Monitoring Committees","content":"## 5. Treatment Monitoring Committees 5. Treatment Monitoring Committees\n\n| Level | Preference | Hospital |\n| ----------------------------- | ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Tier 1 | first | former Repatriation Hospital, public hospital, or veteran partnering private hospital |\n| Tier 2(special authorisation) | second | The Contracted private hospital is not required to seek prior approval for a referral for services specified in the contract, chargeable to DVA, from a Tier 1 hospital. The Contracted private hospital must seek prior approval for all other admissions. |\n| Tier 2 | second | Contracted private hospital |\n| Tier 3 | third | Non-Contracted private hospital |\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Transitional provisions","content":"## 7. Transitional provisions 7. Transitional provisions\n\n| Level | Preference | Hospital |\n| ----------------------------- | ---------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| Tier 1 | first | former Repatriation Hospital, public hospital, or veteran partnering private hospital |\n| Tier 2(special authorisation) | second | The Contracted private hospital is not required to seek prior approval for a referral for services specified in the contract, chargeable to DVA, from a Tier 1 hospital. The Contracted private hospital must seek prior approval for all other admissions. |\n| Tier 2 | second | Contracted private hospital |\n| Tier 3 | third | Non-Contracted private hospital |\n\nA medical specialist or Local Medical Officer may, without prior approval, refer an entitled person to a medical specialist for treatment as a private patient (whether that medical specialist works at a hospital or at consulting room facilities) only if the fee to be charged by that medical specialist for that treatment is no greater than the fee the medical specialist could charge for the treatment pursuant to the Treatment Principles.\n\nAn entitled person may be admitted to a Tier 2 hospital for non-emergency treatment without prior approval only in those circumstances where the arrangements relating to that hospital specifically exclude the need for prior approval.\n\nAn entitled person may be treated at, and admitted through, the accident and emergency centre of a Tier 1, 2, or 3 hospital for emergency treatment without prior approval.\n\nIf an entitled person is admitted to a Tier 2 or Tier 3 hospital under paragraph 3.4, the hospital must notify the Department of that admission the next working day in the State or Territory in which the admission occurred, or as soon as practicable afterwards.\n\nfor in-patient treatment without prior approval if such treatment is certified by a medical practitioner as being urgently required.\n\nThe Commonwealth will pay a facility fee relating to treatment of an entitled person at an accident and emergency centre only if the person was not subsequently admitted to the hospital.\n\nSubject to Principle 3, an entitled person may be admitted to, and have continuing treatment in, a Tier 2 hospital only if a suitable Tier 1 hospital is unavailable and prior approval has been obtained for the admission.\n\nSubject to paragraph 3.4, an entitled person may be admitted to, and have continuing treatment in, a Tier 3 hospital only if no suitable Tier 1 or Tier 2 hospital is available and prior approval has been obtained.\n\na Tier 2 or Tier 3 hospital, the Commission must consider where the person’s needs can most appropriately be met within a reasonable time, having regard to:\n\n(i) the waiting time, if any, at that hospital compared with waiting times, if any, at relevant Tier 1 or Tier 2 hospitals, as the case may be; and\n\nIf prior approval has been given for an entitled person to be admitted to a Tier 2 hospital for the purpose of particular treatment, or an entitled person has been admitted for treatment to a Tier 2 hospital in accordance with paragraph 3.3, the person may elect to be admitted to a Tier 3 hospital of his or her choice for that treatment.\n\nIf an entitled person, in accordance with paragraph 4.4, elects to be admitted to a Tier 3 hospital, the Commonwealth will be liable only for:\n\n5.1.1 The National Treatment Monitoring Committee and the Treatment Monitoring Committees of each State, the Australian Capital Territory, and the Northern Territory that were established under the revoked Repatriation Private Patient Principles are continued in existence by these Principles.\n\n5.2.1 The Commission is to appoint the members of the National Treatment Monitoring Committee and it may appoint those members on such terms as it thinks fit.\n\n(a) at least two members representing the Australian Government, with one of those members being an officer of the Department; and\n\n(a) at least the organisations in subparagraph 5.2.3 (b) (or an associated State or Territory organisation if the relevant organisation is only a national organisation); and\n\n(b) Departmental staff, including the relevant Deputy Commissioner for that State or Territory, who is to be the chair of the Committee for that State or Territory; and\n\nThe Treatment Monitoring Committees are to assist the Commission in monitoring the access to, and quality of, treatment arranged for entitled persons as private patients.\n\n5.5.1 The National Treatment Monitoring Committee must consider the reports of the State and Territory Treatment Monitoring Committees and report, in writing, at least annually to the Commission.\n\n5.5.2 The report of the National Treatment Monitoring Committee is to contain, among other relevant details, conclusions regarding the access to, and quality of, treatment, in hospitals or other institutions, provided to entitled persons.\n\n5.5.3 To enable the National Treatment Monitoring Committee to report at least annually, the State and Territory Treatment Monitoring Committees must report at least annually to the National Treatment Monitoring Committee.\n\nThe Commission must, within seven days of its receipt, provide a copy of the written report of the National Treatment Monitoring Committee to the Minister.\n\nAfter receiving a copy of the report of the National Treatment Monitoring Committee, the Minister must cause a copy to be laid before each House of the Parliament within 15 sitting days of that House.\n\n6.1 Subject to paragraph 6.2, the Commission may, and after giving the member an opportunity to be heard, terminate the appointment of a member of a Treatment Monitoring Committee established under Section 5.\n\nNote: this provision is not intended to apply to a situation where a member has not satisfied a term or condition of their appointment.\n\n6.2 In exercising its power under paragraph 6.1, the Commission is to be guided by the grounds on which the appointment of a member of the Repatriation Commission can be terminated under section 188 of the Act.\n\n6.3 The Commission may, and after giving the member an opportunity to be heard, revoke the appointment of a member of a Treatment Monitoring Committee established under Section 5, where the member contravenes, or cannot satisfy, a term or condition of their appointment.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.\n\nAny approval given, decision or appointment made, or other thing done under the revoked Repatriation Private Patient Principles is taken to have been given, made, or done for the purposes of, and under, these Principles.\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\n> Note: The Repatriation Private Patient Principles 2004 (in force under the Veterans' Entitlements Act 1986) as shown in this compilation comprises the legislative instruments in the Table below:\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ----------------------------------- | ------------------- | --------------------------------------------- |\n| 2004/R17 | 14 March 2005 (see: F2005L00530) | 15 March 2005 | para.7.2 (see: Table A) |\n| 2005/R27 | 21 December 2005 (see: F2005L04158) | 21 December 2005 | |\n| 2006/R32 | 30 January 2007 (see: F2007L00200) | 31 January 2007 | |\n| 2007/R5 | 19 June 2007 (see: F2007L01223) | 19 June 2007 | para.4 |\n\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

Para. 1.2

am.No. 2007/R5

Para. 5.2.3

am. No.2005/R27;

Para 5.2.3(b)

am. No.2006/R32;

Para 5.2.3 (b)(viii)

am. No.2006/R32;

Para 5.2.3 (b)(ix)

ad. No.2006/R32

\n```\n\nFrom their commencement, these Principles apply to all matters to which these Principles, or the revoked Repatriation Private Patient Principles, relate.\n\nThe variations made by this instrument to the Repatriation Private Patient Principles 2004 do not apply to a Local Medical Officer who has a current arrangement with the Repatriation Commission or the Department in respect of the provision of treatment to persons entitled to treatment under the Treatment Principles — being an arrangement entered into before the commencement of this instrument.\n\nNote: the intention is that until any arrangement between a Local Medical Officer and the Repatriation Commission or the Department expires or is terminated, the provision of treatment under that arrangement is governed by the Repatriation Private Patient Principles 2004 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles 2004 apply as amended by this instrument.","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"These Principles replace the revoked Repatriation Private Patient Principles and continue prior approvals (7.1–7.2), while formalising a tiered admission framework and explicit prior‑approval rules (2.1; 3; 4). They also add detailed Commission discretion criteria for approvals (4.3), committee reporting obligations (5.5–5.7) and a specific non‑application carve‑out for Local Medical Officers with pre‑existing arrangements (Legislative Instrument 2007/R5, para 4)."},"complexity_factors":["Multiple defined terms and cross‑references to the Veterans’ Entitlements Act and the Treatment Principles (see Para 1.2; definition of Act; Treatment Principles)","Tiered hospital classification with differential prior‑approval rules (Tier 1/2/3) and special authorisations (see 2.1; 3.2–3.4; 4.1–4.2)","Detailed discretionary criteria the Commission must weigh when granting prior approval (clinical advice, waiting times, travel distance, Commonwealth expenditure control, continuity of care) (see 4.3)","Limits on fee‑setting for specialist referrals that permit treatment without prior approval only if fees do not exceed Treatment Principles rates (see 3.1)","Administrative obligations on hospitals to notify the Department after emergency admissions (timing requirement) (see 3.5)","Restricted Commonwealth liability where a patient elects a Tier 3 hospital of choice (cost categories and reasonableness test) (see 4.5)","Institutional oversight and reporting architecture with appointed National and State Treatment Monitoring Committees, membership rules and mandatory reporting and tabling timelines (see 5.2–5.7)","Transitional and saving provisions preserving past approvals and a specified non‑application for pre‑existing Local Medical Officer arrangements (see 7.1–7.2; Legislative Instrument 2007/R5 para 4)"],"plain_english_summary":"These Principles set how veterans and other \"entitled persons\" receive hospital care as private patients under the Veterans’ Entitlements Act 1986: they create a three‑tier order of hospital preference and define when the Repatriation Commission must give prior approval for admission or treatment. They also limit specialist fees for no‑prior‑approval referrals, set emergency notification and facility‑fee rules, establish monitoring committees with reporting duties, and carry transitional protections for earlier approvals."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2246},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Principles maintain their original scope of governing access to private hospital treatment for entitled veterans. Amendments since 2004 have been limited to operational updates (refining committee membership to include peacekeeper associations, updating Local Medical Officer definitions) without expanding beyond the original hospital access and oversight framework."},"complexity_factors":["20+ defined terms in the interpretation section including nested definitions (e.g., 'medical practitioner' excludes those with suspended registrations)","Three-tier hospital preference hierarchy with different prior approval requirements for each tier","Multiple exceptions to approval requirements (emergencies, urgent Vietnam veteran treatment, specific hospital contractual arrangements)","Cross-references to Veterans' Entitlements Act 1986, Health Insurance Act 1973, National Health Act 1953, and Treatment Principles","Conditional logic for Commonwealth liability limitations when patients elect Tier 3 hospitals over approved Tier 2","Governance structure for Treatment Monitoring Committees with mandated membership from 9 specific ex-service organisations"],"plain_english_summary":"These Principles set out how eligible veterans and dependants access hospital care as DVA-funded private patients, using a three-tiered hospital preference system that generally requires trying higher-ranked hospitals first. Prior approval is needed for most Tier 2 and all Tier 3 non‑emergency admissions, while genuine emergencies and certain urgent admissions for Vietnam veterans don’t require it.\n\nIf you choose a more expensive hospital the Commonwealth may limit payment to basic costs. Treatment monitoring committees oversee access and quality."}},"importantCases":[],"_links":{"self":"/api/acts/repatriation-private-patient-principles-2004","history":"/api/acts/repatriation-private-patient-principles-2004/history","analysis":"/api/acts/repatriation-private-patient-principles-2004/analysis","conflicts":"/api/acts/repatriation-private-patient-principles-2004/conflicts","importantCases":"/api/acts/repatriation-private-patient-principles-2004/important-cases","documents":"/api/acts/repatriation-private-patient-principles-2004/documents"}}