{"id":"F2007L00087","name":"Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006","slug":"repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":68142,"registerId":"commonwealth-F2007L00087-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1.1","sectionType":"part","heading":"Principles","content":"## 1.1 Principles\n\nThese Principles are the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.","sortOrder":0},{"sectionNumber":"1.2","sectionType":"part","heading":"Defined terms","content":"## 1.2 Defined terms\n\nFor the purposes of these Principles, unless a contrary intention appears:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006 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 Veterans’ Entitlements Act 1986.\n\ncontracted private hospital means a private hospital in respect of which the Commission has entered into arrangements, for the treatment of entitled persons, under the Act, or, if no arrangement has been entered into with the hospital under the Act, under the VEA.\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 VEA.\n\nDepartment means the Australian Government Department of Veterans’ Affairs.\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 the Act.\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 VEA.\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 (Australian Participants in British Nuclear Tests) 2006 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\nNotes for Local Medical Officers has the same meaning it has in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.\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\nPrinciples means the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\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 17(8) of the Act.\n\npublic hospital means a hospital operated by a State or Territory or by the Commonwealth.","sortOrder":1},{"sectionNumber":"Treatment Principles means the document ","sectionType":"section","heading":"Treatment Principles means the document prepared by the Commission under section 16 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.","content":"###### Treatment Principles means the document prepared by the Commission under section 16 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\nVEA Repatriation Private Patient Principles 2004 means the principles determined by the Commission under section 90A of the VEA.\n\nVEA Treatment Principles means the document known as the Treatment Principles and prepared by the Commission under section 90 of the VEA.\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 section 15 of the Act or subsection 89(1) of the VEA, as the case may be.\n\nNote: other Tier 1 status hospitals which have similar partnering arrangements are public hospitals and former Repatriation Hospitals.","sortOrder":2},{"sectionNumber":"1.3","sectionType":"part","heading":"Private patient status","content":"## 1.3 Private patient status\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.","sortOrder":3},{"sectionNumber":"2. Order of preference for admission to ","sectionType":"part","heading":"2. Order of preference for admission to hospital","content":"![](image.001.png)\n\nRepatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\nInstrument 2006 No. R34 as amended\n\nmade under the\n\nAustralian Participants in British Nuclear Tests (Treatment) Act 2006\n\nThis compilation was prepared on 11 July 2007\n\ntaking into account amendments up to LI 2007 No. R9\n\nPrepared by the Legal Services Group,\n\nDepartment of Veterans' Affairs, Canberra\n\n1. Definitions\n\nIn sections 1-3 of this instrument:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006.\n\nRepatriation Private Patient Principles means the instrument referred to in section 17 of the Act as that instrument is incorporated in the Act.\n\n2. Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n3. Modification of the Repatriation Private Patient Principles\n\nThe Repatriation Private Patient Principles are modified in accordance with the Schedule.\n\nSCHEDULE\n\n4. Title (twice occurring)\n\nomit:\n\n2004\n\nsubstitute:\n\n(Australian Participants in British Nuclear Tests) 2006\n\nNote: the purpose of this provision is to ensure a part of the Repatriation Private Patient Principles, as that instrument is incorporated in the Act, is retained to ensure the Repatriation Private Patient Principles are modified and not substituted.\n\n5. All provisions other than the title:\n\nsubstitute:\n\nContents\n\n1. Preliminary\n\n1.1 Principles\n\n1.2 Defined terms\n\nAct\n\nadmission\n\nCommission\n\ncontracted private hospital\n\ncountry area of a State\n\nDepartment\n\nDeputy Commissioner\n\nemergency\n\nentitled person\n\nfacility fee\n\nformer Repatriation Hospital\n\nLocal Medical Officer\n\nmedical practitioner\n\nNotes for Local Medical Officer\n\nmedical specialist\n\nPrinciples\n\nprior approval\n\nprivate hospital\n\nprivate patient\n\npublic hospital\n\nTreatment Principles\n\nVEA\n\nVEA Repatriation Private Patient Principles 2004\n\nVEA Treatment Principles\n\nveteran partnering private hospital\n\n1.3 Private patient status\n\n2. Order of preference for admission to hospital\n\n2.1 Order of preference\n\n2.2 Objective\n\n3. Prior approval not required\n\n3.1 Medical specialist treatment\n\n3.2 Non-emergency Tier 1 hospital treatment\n\n3.3. Non-emergency Tier 2 hospital treatment\n\n3.4. Emergency hospital treatment\n\n3.5 Notification of admission\n\n3.7 Payment of facility fee\n\n4. Prior approval required\n\n4.1 Tier 2 hospital admission and treatment\n\n4.2 Tier 3 hospital admission and treatment\n\n4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\n4.4 Admission to Tier 3 hospital of choice\n\n4.5 Commonwealth liability if Tier 3 admission by choice\n\n \n\n1. Preliminary\n\n## 1.1 Principles\n\nThese Principles are the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\n\n## 1.2 Defined terms\n\nFor the purposes of these Principles, unless a contrary intention appears:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006 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 Veterans’ Entitlements Act 1986.\n\ncontracted private hospital means a private hospital in respect of which the Commission has entered into arrangements, for the treatment of entitled persons, under the Act, or, if no arrangement has been entered into with the hospital under the Act, under the VEA.\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 VEA.\n\nDepartment means the Australian Government Department of Veterans’ Affairs.\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 the Act.\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 VEA.\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 (Australian Participants in British Nuclear Tests) 2006 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\nNotes for Local Medical Officers has the same meaning it has in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.\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\nPrinciples means the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\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 17(8) of the Act.\n\npublic hospital means a hospital operated by a State or Territory or by the Commonwealth.\n\n###### Treatment Principles means the document prepared by the Commission under section 16 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\nVEA Repatriation Private Patient Principles 2004 means the principles determined by the Commission under section 90A of the VEA.\n\nVEA Treatment Principles means the document known as the Treatment Principles and prepared by the Commission under section 90 of the VEA.\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 section 15 of the Act or subsection 89(1) of the VEA, as the case may be.\n\nNote: other Tier 1 status hospitals which have similar partnering arrangements are public hospitals and former Repatriation Hospitals.\n\n## 1.3 Private patient status\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# 2. Order of preference for admission to hospital\n\n## 2.1 Order of preference\n\nPreference for admission is to be in accordance with the following table:\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\n## 2.2 Objective\n\nThe main objective of these Principles is to provide an entitled person with access to the nearest suitable hospital.\n\n# 3. Prior approval not required\n\n## 3.1 Medical specialist treatment\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## 3.2 Non-emergency Tier 1 hospital treatment\n\nAn entitled person may be admitted to a Tier 1 hospital for non-emergency treatment without prior approval.\n\n## 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## 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\n## 3.5 Notification of admission\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\n## 3.7 Payment of facility fee\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# 4. Prior approval required\n\n## 4.1 Tier 2 hospital admission and treatment\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\n## 4.2 Tier 3 hospital admission and treatment\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\n## 4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\nIn deciding whether prior approval will be given under paragraph 4.1 or 4.2 for:\n\n(a) admission to; or\n\n(b) continued, non-emergency, treatment in;\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(c) advice from the person’s treating medical practitioner concerning:\n\n(i) the injury or disease being treated; and\n\n(ii) the clinical need for the proposed treatment; and\n\n(iii) the degree of pain or discomfort; and\n\n(iv) the effect on the person’s quality of life; and\n\n(d) in light of the severity of the entitled person’s clinical condition:\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\n(ii) the distance that the entitled person would have to travel; and\n\n(e) reasonable control over Commonwealth expenditure; and\n\n(f) the extent of a clinical need for continuity of care by a particular medical practitioner; and\n\n(g) any other relevant requirement in these Principles or in the Act.\n\n## 4.4 Admission to Tier 3 hospital of choice\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\n## 4.5 Commonwealth liability if Tier 3 admission by choice\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(a) accommodation costs; and\n\n(b) pharmaceutical fees; and\n\n(c) theatre fees; and\n\n(d) certain incidental expenses;\n\nprovided such costs, fees or expenses are, in the Commission’s opinion, reasonable.\n\n \n\nNotes to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\n> Note 1\n\nThe Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 (in force under the Australian Participants in British Nuclear Tests (Treatment) Act 2006) as shown in this compilation comprises the legislative instruments in the Table below:\n\n> Note: > Note: Table of Legislative Instruments\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------ | ------------------- | --------------------------------------------- |\n| 2006/R34 | 10 January 2007 | 11 January 2007 | |\n| 2007/R9 | 19 June 2007 | 19 June 2007 | Para. 4 (see Table A) |\n\n> Note: > Note: Table of Amendments\n\n```html\n

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

Provision affected

How affected

Para. 1.2

am. No. 2007/R9

\n```\n\nTable A Application, saving or transitional provisions\n\nLegislative Instrument 2007/R9\n\n4. Application\n\nThe variations made by this instrument to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 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 (Australian Participants in British Nuclear Tests) 2006 — 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 (Australian Participants in British Nuclear Tests) 2006 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 apply as amended by this instrument.","sortOrder":4},{"sectionNumber":"2.1","sectionType":"part","heading":"Order of preference","content":"## 2.1 Order of preference\n\nPreference for admission is to be in accordance with the following table:\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\n## 2.2 Objective\n\nThe main objective of these Principles is to provide an entitled person with access to the nearest suitable hospital.\n\n# 3. Prior approval not required\n\n## 3.1 Medical specialist treatment\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## 3.2 Non-emergency Tier 1 hospital treatment\n\nAn entitled person may be admitted to a Tier 1 hospital for non-emergency treatment without prior approval.\n\n## 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## 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\n## 3.5 Notification of admission\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\n## 3.7 Payment of facility fee\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# 4. Prior approval required\n\n## 4.1 Tier 2 hospital admission and treatment\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\n## 4.2 Tier 3 hospital admission and treatment\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\n## 4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\nIn deciding whether prior approval will be given under paragraph 4.1 or 4.2 for:\n\n(a) admission to; or\n\n(b) continued, non-emergency, treatment in;\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(c) advice from the person’s treating medical practitioner concerning:\n\n(i) the injury or disease being treated; and\n\n(ii) the clinical need for the proposed treatment; and\n\n(iii) the degree of pain or discomfort; and\n\n(iv) the effect on the person’s quality of life; and\n\n(d) in light of the severity of the entitled person’s clinical condition:\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\n(ii) the distance that the entitled person would have to travel; and\n\n(e) reasonable control over Commonwealth expenditure; and\n\n(f) the extent of a clinical need for continuity of care by a particular medical practitioner; and\n\n(g) any other relevant requirement in these Principles or in the Act.\n\n## 4.4 Admission to Tier 3 hospital of choice\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\n## 4.5 Commonwealth liability if Tier 3 admission by choice\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(a) accommodation costs; and\n\n(b) pharmaceutical fees; and\n\n(c) theatre fees; and\n\n(d) certain incidental expenses;\n\nprovided such costs, fees or expenses are, in the Commission’s opinion, reasonable.\n\n \n\nNotes to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\n> Note 1\n\nThe Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 (in force under the Australian Participants in British Nuclear Tests (Treatment) Act 2006) as shown in this compilation comprises the legislative instruments in the Table below:\n\n> Note: > Note: Table of Legislative Instruments\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------ | ------------------- | --------------------------------------------- |\n| 2006/R34 | 10 January 2007 | 11 January 2007 | |\n| 2007/R9 | 19 June 2007 | 19 June 2007 | Para. 4 (see Table A) |\n\n> Note: > Note: Table of Amendments\n\n```html\n

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

Provision affected

How affected

Para. 1.2

am. No. 2007/R9

\n```\n\nTable A Application, saving or transitional provisions\n\nLegislative Instrument 2007/R9\n\n4. Application\n\nThe variations made by this instrument to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 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 (Australian Participants in British Nuclear Tests) 2006 — 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 (Australian Participants in British Nuclear Tests) 2006 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 apply as amended by this instrument.","sortOrder":5},{"sectionNumber":"Preference","sectionType":"section","heading":"Preference","content":"##### Preference","sortOrder":6},{"sectionNumber":"2.2","sectionType":"part","heading":"Objective","content":"## 2.2 Objective\n\nThe main objective of these Principles is to provide an entitled person with access to the nearest suitable hospital.","sortOrder":7},{"sectionNumber":"3. Prior approval not required","sectionType":"part","heading":"3. Prior approval not required","content":"![](image.001.png)\n\nRepatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\nInstrument 2006 No. R34 as amended\n\nmade under the\n\nAustralian Participants in British Nuclear Tests (Treatment) Act 2006\n\nThis compilation was prepared on 11 July 2007\n\ntaking into account amendments up to LI 2007 No. R9\n\nPrepared by the Legal Services Group,\n\nDepartment of Veterans' Affairs, Canberra\n\n1. Definitions\n\nIn sections 1-3 of this instrument:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006.\n\nRepatriation Private Patient Principles means the instrument referred to in section 17 of the Act as that instrument is incorporated in the Act.\n\n2. Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n3. Modification of the Repatriation Private Patient Principles\n\nThe Repatriation Private Patient Principles are modified in accordance with the Schedule.\n\nSCHEDULE\n\n4. Title (twice occurring)\n\nomit:\n\n2004\n\nsubstitute:\n\n(Australian Participants in British Nuclear Tests) 2006\n\nNote: the purpose of this provision is to ensure a part of the Repatriation Private Patient Principles, as that instrument is incorporated in the Act, is retained to ensure the Repatriation Private Patient Principles are modified and not substituted.\n\n5. All provisions other than the title:\n\nsubstitute:\n\nContents\n\n1. Preliminary\n\n1.1 Principles\n\n1.2 Defined terms\n\nAct\n\nadmission\n\nCommission\n\ncontracted private hospital\n\ncountry area of a State\n\nDepartment\n\nDeputy Commissioner\n\nemergency\n\nentitled person\n\nfacility fee\n\nformer Repatriation Hospital\n\nLocal Medical Officer\n\nmedical practitioner\n\nNotes for Local Medical Officer\n\nmedical specialist\n\nPrinciples\n\nprior approval\n\nprivate hospital\n\nprivate patient\n\npublic hospital\n\nTreatment Principles\n\nVEA\n\nVEA Repatriation Private Patient Principles 2004\n\nVEA Treatment Principles\n\nveteran partnering private hospital\n\n1.3 Private patient status\n\n2. Order of preference for admission to hospital\n\n2.1 Order of preference\n\n2.2 Objective\n\n3. Prior approval not required\n\n3.1 Medical specialist treatment\n\n3.2 Non-emergency Tier 1 hospital treatment\n\n3.3. Non-emergency Tier 2 hospital treatment\n\n3.4. Emergency hospital treatment\n\n3.5 Notification of admission\n\n3.7 Payment of facility fee\n\n4. Prior approval required\n\n4.1 Tier 2 hospital admission and treatment\n\n4.2 Tier 3 hospital admission and treatment\n\n4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\n4.4 Admission to Tier 3 hospital of choice\n\n4.5 Commonwealth liability if Tier 3 admission by choice\n\n \n\n1. Preliminary\n\n## 1.1 Principles\n\nThese Principles are the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\n\n## 1.2 Defined terms\n\nFor the purposes of these Principles, unless a contrary intention appears:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006 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 Veterans’ Entitlements Act 1986.\n\ncontracted private hospital means a private hospital in respect of which the Commission has entered into arrangements, for the treatment of entitled persons, under the Act, or, if no arrangement has been entered into with the hospital under the Act, under the VEA.\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 VEA.\n\nDepartment means the Australian Government Department of Veterans’ Affairs.\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 the Act.\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 VEA.\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 (Australian Participants in British Nuclear Tests) 2006 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\nNotes for Local Medical Officers has the same meaning it has in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.\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\nPrinciples means the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\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 17(8) of the Act.\n\npublic hospital means a hospital operated by a State or Territory or by the Commonwealth.\n\n###### Treatment Principles means the document prepared by the Commission under section 16 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\nVEA Repatriation Private Patient Principles 2004 means the principles determined by the Commission under section 90A of the VEA.\n\nVEA Treatment Principles means the document known as the Treatment Principles and prepared by the Commission under section 90 of the VEA.\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 section 15 of the Act or subsection 89(1) of the VEA, as the case may be.\n\nNote: other Tier 1 status hospitals which have similar partnering arrangements are public hospitals and former Repatriation Hospitals.\n\n## 1.3 Private patient status\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# 2. Order of preference for admission to hospital\n\n## 2.1 Order of preference\n\nPreference for admission is to be in accordance with the following table:\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\n## 2.2 Objective\n\nThe main objective of these Principles is to provide an entitled person with access to the nearest suitable hospital.\n\n# 3. Prior approval not required\n\n## 3.1 Medical specialist treatment\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## 3.2 Non-emergency Tier 1 hospital treatment\n\nAn entitled person may be admitted to a Tier 1 hospital for non-emergency treatment without prior approval.\n\n## 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## 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\n## 3.5 Notification of admission\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\n## 3.7 Payment of facility fee\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# 4. Prior approval required\n\n## 4.1 Tier 2 hospital admission and treatment\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\n## 4.2 Tier 3 hospital admission and treatment\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\n## 4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\nIn deciding whether prior approval will be given under paragraph 4.1 or 4.2 for:\n\n(a) admission to; or\n\n(b) continued, non-emergency, treatment in;\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(c) advice from the person’s treating medical practitioner concerning:\n\n(i) the injury or disease being treated; and\n\n(ii) the clinical need for the proposed treatment; and\n\n(iii) the degree of pain or discomfort; and\n\n(iv) the effect on the person’s quality of life; and\n\n(d) in light of the severity of the entitled person’s clinical condition:\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\n(ii) the distance that the entitled person would have to travel; and\n\n(e) reasonable control over Commonwealth expenditure; and\n\n(f) the extent of a clinical need for continuity of care by a particular medical practitioner; and\n\n(g) any other relevant requirement in these Principles or in the Act.\n\n## 4.4 Admission to Tier 3 hospital of choice\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\n## 4.5 Commonwealth liability if Tier 3 admission by choice\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(a) accommodation costs; and\n\n(b) pharmaceutical fees; and\n\n(c) theatre fees; and\n\n(d) certain incidental expenses;\n\nprovided such costs, fees or expenses are, in the Commission’s opinion, reasonable.\n\n \n\nNotes to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\n> Note 1\n\nThe Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 (in force under the Australian Participants in British Nuclear Tests (Treatment) Act 2006) as shown in this compilation comprises the legislative instruments in the Table below:\n\n> Note: > Note: Table of Legislative Instruments\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------ | ------------------- | --------------------------------------------- |\n| 2006/R34 | 10 January 2007 | 11 January 2007 | |\n| 2007/R9 | 19 June 2007 | 19 June 2007 | Para. 4 (see Table A) |\n\n> Note: > Note: Table of Amendments\n\n```html\n

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

Provision affected

How affected

Para. 1.2

am. No. 2007/R9

\n```\n\nTable A Application, saving or transitional provisions\n\nLegislative Instrument 2007/R9\n\n4. Application\n\nThe variations made by this instrument to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 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 (Australian Participants in British Nuclear Tests) 2006 — 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 (Australian Participants in British Nuclear Tests) 2006 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 apply as amended by this instrument.","sortOrder":8},{"sectionNumber":"3.1","sectionType":"part","heading":"Medical specialist treatment","content":"## 3.1 Medical specialist treatment\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.","sortOrder":9},{"sectionNumber":"3.2","sectionType":"part","heading":"Non-emergency Tier 1 hospital treatment","content":"## 3.2 Non-emergency Tier 1 hospital treatment\n\nAn entitled person may be admitted to a Tier 1 hospital for non-emergency treatment without prior approval.","sortOrder":10},{"sectionNumber":"3.3. Non-emergency Tier 2 hospital treat","sectionType":"part","heading":"3.3. Non-emergency Tier 2 hospital treatment","content":"## 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.","sortOrder":11},{"sectionNumber":"3.4. Emergency hospital treatment","sectionType":"part","heading":"3.4. Emergency hospital treatment","content":"## 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.","sortOrder":12},{"sectionNumber":"3.5","sectionType":"part","heading":"Notification of admission","content":"## 3.5 Notification of admission\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.","sortOrder":13},{"sectionNumber":"3.7","sectionType":"part","heading":"Payment of facility fee","content":"## 3.7 Payment of facility fee\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.","sortOrder":14},{"sectionNumber":"4. Prior approval required","sectionType":"part","heading":"4. Prior approval required","content":"![](image.001.png)\n\nRepatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\nInstrument 2006 No. R34 as amended\n\nmade under the\n\nAustralian Participants in British Nuclear Tests (Treatment) Act 2006\n\nThis compilation was prepared on 11 July 2007\n\ntaking into account amendments up to LI 2007 No. R9\n\nPrepared by the Legal Services Group,\n\nDepartment of Veterans' Affairs, Canberra\n\n1. Definitions\n\nIn sections 1-3 of this instrument:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006.\n\nRepatriation Private Patient Principles means the instrument referred to in section 17 of the Act as that instrument is incorporated in the Act.\n\n2. Commencement\n\nThis instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.\n\n3. Modification of the Repatriation Private Patient Principles\n\nThe Repatriation Private Patient Principles are modified in accordance with the Schedule.\n\nSCHEDULE\n\n4. Title (twice occurring)\n\nomit:\n\n2004\n\nsubstitute:\n\n(Australian Participants in British Nuclear Tests) 2006\n\nNote: the purpose of this provision is to ensure a part of the Repatriation Private Patient Principles, as that instrument is incorporated in the Act, is retained to ensure the Repatriation Private Patient Principles are modified and not substituted.\n\n5. All provisions other than the title:\n\nsubstitute:\n\nContents\n\n1. Preliminary\n\n1.1 Principles\n\n1.2 Defined terms\n\nAct\n\nadmission\n\nCommission\n\ncontracted private hospital\n\ncountry area of a State\n\nDepartment\n\nDeputy Commissioner\n\nemergency\n\nentitled person\n\nfacility fee\n\nformer Repatriation Hospital\n\nLocal Medical Officer\n\nmedical practitioner\n\nNotes for Local Medical Officer\n\nmedical specialist\n\nPrinciples\n\nprior approval\n\nprivate hospital\n\nprivate patient\n\npublic hospital\n\nTreatment Principles\n\nVEA\n\nVEA Repatriation Private Patient Principles 2004\n\nVEA Treatment Principles\n\nveteran partnering private hospital\n\n1.3 Private patient status\n\n2. Order of preference for admission to hospital\n\n2.1 Order of preference\n\n2.2 Objective\n\n3. Prior approval not required\n\n3.1 Medical specialist treatment\n\n3.2 Non-emergency Tier 1 hospital treatment\n\n3.3. Non-emergency Tier 2 hospital treatment\n\n3.4. Emergency hospital treatment\n\n3.5 Notification of admission\n\n3.7 Payment of facility fee\n\n4. Prior approval required\n\n4.1 Tier 2 hospital admission and treatment\n\n4.2 Tier 3 hospital admission and treatment\n\n4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\n4.4 Admission to Tier 3 hospital of choice\n\n4.5 Commonwealth liability if Tier 3 admission by choice\n\n \n\n1. Preliminary\n\n## 1.1 Principles\n\nThese Principles are the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\n\n## 1.2 Defined terms\n\nFor the purposes of these Principles, unless a contrary intention appears:\n\nAct means the Australian Participants in British Nuclear Tests (Treatment) Act 2006 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 Veterans’ Entitlements Act 1986.\n\ncontracted private hospital means a private hospital in respect of which the Commission has entered into arrangements, for the treatment of entitled persons, under the Act, or, if no arrangement has been entered into with the hospital under the Act, under the VEA.\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 VEA.\n\nDepartment means the Australian Government Department of Veterans’ Affairs.\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 the Act.\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 VEA.\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 (Australian Participants in British Nuclear Tests) 2006 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\nNotes for Local Medical Officers has the same meaning it has in the Treatment Principles (Australian Participants in British Nuclear Tests) 2006.\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\nPrinciples means the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006.\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 17(8) of the Act.\n\npublic hospital means a hospital operated by a State or Territory or by the Commonwealth.\n\n###### Treatment Principles means the document prepared by the Commission under section 16 of the Act that sets out the circumstances in which, and conditions subject to which, treatment may be provided to entitled persons.\n\nVEA means the Veterans’ Entitlements Act 1986.\n\nVEA Repatriation Private Patient Principles 2004 means the principles determined by the Commission under section 90A of the VEA.\n\nVEA Treatment Principles means the document known as the Treatment Principles and prepared by the Commission under section 90 of the VEA.\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 section 15 of the Act or subsection 89(1) of the VEA, as the case may be.\n\nNote: other Tier 1 status hospitals which have similar partnering arrangements are public hospitals and former Repatriation Hospitals.\n\n## 1.3 Private patient status\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# 2. Order of preference for admission to hospital\n\n## 2.1 Order of preference\n\nPreference for admission is to be in accordance with the following table:\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\n## 2.2 Objective\n\nThe main objective of these Principles is to provide an entitled person with access to the nearest suitable hospital.\n\n# 3. Prior approval not required\n\n## 3.1 Medical specialist treatment\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## 3.2 Non-emergency Tier 1 hospital treatment\n\nAn entitled person may be admitted to a Tier 1 hospital for non-emergency treatment without prior approval.\n\n## 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## 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\n## 3.5 Notification of admission\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\n## 3.7 Payment of facility fee\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# 4. Prior approval required\n\n## 4.1 Tier 2 hospital admission and treatment\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\n## 4.2 Tier 3 hospital admission and treatment\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\n## 4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\nIn deciding whether prior approval will be given under paragraph 4.1 or 4.2 for:\n\n(a) admission to; or\n\n(b) continued, non-emergency, treatment in;\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(c) advice from the person’s treating medical practitioner concerning:\n\n(i) the injury or disease being treated; and\n\n(ii) the clinical need for the proposed treatment; and\n\n(iii) the degree of pain or discomfort; and\n\n(iv) the effect on the person’s quality of life; and\n\n(d) in light of the severity of the entitled person’s clinical condition:\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\n(ii) the distance that the entitled person would have to travel; and\n\n(e) reasonable control over Commonwealth expenditure; and\n\n(f) the extent of a clinical need for continuity of care by a particular medical practitioner; and\n\n(g) any other relevant requirement in these Principles or in the Act.\n\n## 4.4 Admission to Tier 3 hospital of choice\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\n## 4.5 Commonwealth liability if Tier 3 admission by choice\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(a) accommodation costs; and\n\n(b) pharmaceutical fees; and\n\n(c) theatre fees; and\n\n(d) certain incidental expenses;\n\nprovided such costs, fees or expenses are, in the Commission’s opinion, reasonable.\n\n \n\nNotes to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\n> Note 1\n\nThe Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 (in force under the Australian Participants in British Nuclear Tests (Treatment) Act 2006) as shown in this compilation comprises the legislative instruments in the Table below:\n\n> Note: > Note: Table of Legislative Instruments\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------ | ------------------- | --------------------------------------------- |\n| 2006/R34 | 10 January 2007 | 11 January 2007 | |\n| 2007/R9 | 19 June 2007 | 19 June 2007 | Para. 4 (see Table A) |\n\n> Note: > Note: Table of Amendments\n\n```html\n

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

Provision affected

How affected

Para. 1.2

am. No. 2007/R9

\n```\n\nTable A Application, saving or transitional provisions\n\nLegislative Instrument 2007/R9\n\n4. Application\n\nThe variations made by this instrument to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 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 (Australian Participants in British Nuclear Tests) 2006 — 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 (Australian Participants in British Nuclear Tests) 2006 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 apply as amended by this instrument.","sortOrder":15},{"sectionNumber":"4.1","sectionType":"part","heading":"Tier 2 hospital admission and treatment","content":"## 4.1 Tier 2 hospital admission and treatment\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.","sortOrder":16},{"sectionNumber":"4.2","sectionType":"part","heading":"Tier 3 hospital admission and treatment","content":"## 4.2 Tier 3 hospital admission and treatment\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.","sortOrder":17},{"sectionNumber":"4.3","sectionType":"part","heading":"Criteria for Tier 2 or Tier 3 hospital admission and treatment","content":"## 4.3 Criteria for Tier 2 or Tier 3 hospital admission and treatment\n\nIn deciding whether prior approval will be given under paragraph 4.1 or 4.2 for:\n\n(a) admission to; or\n\n(b) continued, non-emergency, treatment in;\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(c) advice from the person’s treating medical practitioner concerning:\n\n(i) the injury or disease being treated; and\n\n(ii) the clinical need for the proposed treatment; and\n\n(iii) the degree of pain or discomfort; and\n\n(iv) the effect on the person’s quality of life; and\n\n(d) in light of the severity of the entitled person’s clinical condition:\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\n(ii) the distance that the entitled person would have to travel; and\n\n(e) reasonable control over Commonwealth expenditure; and\n\n(f) the extent of a clinical need for continuity of care by a particular medical practitioner; and\n\n(g) any other relevant requirement in these Principles or in the Act.","sortOrder":18},{"sectionNumber":"4.4","sectionType":"part","heading":"Admission to Tier 3 hospital of choice","content":"## 4.4 Admission to Tier 3 hospital of choice\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.","sortOrder":19},{"sectionNumber":"4.5","sectionType":"part","heading":"Commonwealth liability if Tier 3 admission by choice","content":"## 4.5 Commonwealth liability if Tier 3 admission by choice\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(a) accommodation costs; and\n\n(b) pharmaceutical fees; and\n\n(c) theatre fees; and\n\n(d) certain incidental expenses;\n\nprovided such costs, fees or expenses are, in the Commission’s opinion, reasonable.\n\n \n\nNotes to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006\n\n> Note 1\n\nThe Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 (in force under the Australian Participants in British Nuclear Tests (Treatment) Act 2006) as shown in this compilation comprises the legislative instruments in the Table below:\n\n> Note: > Note: Table of Legislative Instruments\n\n| Year andnumber | Date of FRLIregistration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------ | ------------------- | --------------------------------------------- |\n| 2006/R34 | 10 January 2007 | 11 January 2007 | |\n| 2007/R9 | 19 June 2007 | 19 June 2007 | Para. 4 (see Table A) |\n\n> Note: > Note: Table of Amendments\n\n```html\n

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

Provision affected

How affected

Para. 1.2

am. No. 2007/R9

\n```\n\nTable A Application, saving or transitional provisions\n\nLegislative Instrument 2007/R9\n\n4. Application\n\nThe variations made by this instrument to the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 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 (Australian Participants in British Nuclear Tests) 2006 — 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 (Australian Participants in British Nuclear Tests) 2006 as if those Principles had not been amended by this instrument but when the arrangement ends, the Repatriation Private Patient Principles (Australian Participants in British Nuclear Tests) 2006 apply as amended by this instrument.","sortOrder":20}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument modifies the incorporated Repatriation Private Patient Principles (substituting contents and updating the title) and adds procedural rules on tiered admissions and prior approval (Schedule items 4–5). It also introduces a transitional saving that suspends the amendments for Local Medical Officers with existing arrangements until those arrangements expire or terminate (Legislative Instrument 2007/R9, para.4), narrowing immediate application to that cohort."},"complexity_factors":["Extensive defined‑term network and cross‑references (Principles 1.2; Treatment Principles; VEA references).","Tiered admission framework with exceptions (Tier 1–3 and special authorisation; Principles 2.1, 3.3).","Multiple prior‑approval rules and carve‑outs (Principles 3.1–3.4; 4.1–4.2).","Commission discretion to weigh clinical need, waiting times, travel and expenditure when granting approvals (Principle 4.3).","Payment limits for elective Tier 3 choices and reasonableness proviso (Principle 4.5).","Operational/administrative duties for hospitals and Department notification timing (Principle 3.5).","Transitional/save‑over for existing Local Medical Officer arrangements (Legislative Instrument 2007/R9, para.4)."],"plain_english_summary":"This instrument sets rules for when Australian participants in British nuclear tests who are entitled persons may be admitted as private patients: it creates a three‑tier hospital preference system and specifies when the Repatriation Commission must give prior approval, and limits Commonwealth payment for elective private admissions (see Principles 2.1–4.5). Its stated objective is to provide access to the nearest suitable hospital; decisions balance clinical need, waiting time, travel and Commonwealth expenditure, while hospitals and Local Medical Officers face notification and fee‑cap rules (see 3.1; 3.5)."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1980},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument originally established the hospital access framework specifically for Australian participants in British nuclear tests under the 2006 Act. It has not expanded beyond this original purpose; subsequent amendments were minor technical updates to definitions regarding Local Medical Officer registration."},"complexity_factors":["18 defined terms in section 1.2 including cross-references to other legislative instruments","Three-tier hospital classification system with differing rules for prior approval","Conditional logic distinguishing between emergency and non-emergency treatment across all tiers","Cross-references to multiple Acts: Veterans' Entitlements Act 1986, Health Insurance Act 1973, National Health Act 1953, and the parent Act","Transitional provisions affecting Local Medical Officer arrangements based on contract dates"],"plain_english_summary":"These Principles set rules for hospital care funded by the government for Australian veterans who took part in British nuclear tests. Entitled persons get private patient status and can choose doctors where allowed. Hospitals are ranked in three tiers (public/partnered first, contracted second, uncontracted third), with varying prior-approval requirements—emergencies excepted. The Commission decides approvals based on clinical need, waiting times, travel, cost and continuity of care; choosing a lower-tier hospital limits government payments."}},"importantCases":[],"_links":{"self":"/api/acts/repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006","history":"/api/acts/repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006/history","analysis":"/api/acts/repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006/analysis","conflicts":"/api/acts/repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006/conflicts","importantCases":"/api/acts/repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006/important-cases","documents":"/api/acts/repatriation-private-patient-principles-australian-participants-in-british-nuclear-tests-2006/documents"}}