{"id":"F2019L00890","name":"Treatment Benefits (Special Access) (Modifications of the Repatriation Pharmaceutical Benefits Scheme) Instrument 2019","slug":"treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99516,"registerId":"commonwealth-F2019L00890-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Treatment Benefits (Special Access) (Modifications of the Repatriation Pharmaceutical Benefits Scheme) Instrument 2019.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 1 July 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 20 of the Treatment Benefits (Special Access) Act 2019.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Schedule—Modifications of the Repatriation Pharmaceutical Benefits Scheme","content":"#### 4 Schedule—Modifications of the Repatriation Pharmaceutical Benefits Scheme\n\n  The Repatriation Pharmaceutical Benefits Scheme is modified as set out in the Schedule to this instrument for the purposes of the Treatment Benefits (Special Access) Act 2019.\n\nSchedule—Modifications of the Repatriation Pharmaceutical Benefits Scheme\n\nRepatriation Pharmaceutical Benefits Scheme\n\n1 Sections 1A to 2\n\nSubstitute:","sortOrder":3},{"sectionNumber":"2A","sectionType":"section","heading":"Purpose of Scheme","content":"#### 2A Purpose of Scheme\n\n  The Scheme enables Community Pharmacists to supply Pharmaceutical benefits to Eligible Persons.\n\n2 Section 3 (definition of Act)\n\nSubstitute:\n\n> Act means the Treatment Benefits (Special Access) Act 2019;\n\n3 Section 3 (definition of accepted disability)\n\nOmit the definition.\n\n4 Section 3 (definition of Eligible Person)\n\nSubstitute:\n\n> Eligible Person means an eligible person within the meaning of the Act;\n\n5 Section 3\n\nOmit the following definitions:\n\n    (a) definition of income support payment”;\n    (b) definition of income support payment under the Social Security Act 1991;\n    (c) definition of MRCA supplement;\n    (d) definition of pension supplement;\n    (e) definition of pharmaceutical allowance;\n    (f) definition of pharmaceutical reimbursement.\n\n6 Section 3 (definition of Repatriation Health Card ‑ For All Conditions)\n\nSubstitute:\n\n> Repatriation Health Card ‑ For All Conditions means an identification card, or written authorisation, provided by the Department of Veterans’ Affairs to an Eligible Person in relation to treatment for all injuries or diseases;\n\n7 Section 3\n\nOmit the following definitions:\n\n    (a) definition of Repatriation Health Card ‑ For Specific Conditions;\n    (b) definition of Repatriation Pharmaceutical Benefits Card;\n    (c) definition of revoked scheme;\n    (d) definition of RPBS.\n\n8 Section 3 (definition of Scheme)\n\nSubstitute:\n\n> Scheme means the Repatriation Pharmaceutical Benefits Scheme as modified by the Treatment Benefits (Special Access) (Modifications of the Repatriation Pharmaceutical Benefits Scheme) Instrument 2019;\n\n9 Section 3\n\nOmit the following definitions:\n\n    (a) definition of social security pension supplement;\n    (b) definition of SRCA disability.\n\n10 Section 3 (definition of Treatment Principles)\n\nSubstitute:\n\n> Treatment Principles means the Treatment Principles as modified by the Treatment Benefits (Special Access) (Modifications of the Repatriation Pharmaceutical Benefits Scheme) Instrument 2019;\n\n11 Section 3\n\nOmit the following definitions:\n\n    (a) definition of veterans supplement;\n    (b) definition of war widow/war widower pension;\n    (c) definition of war‑caused or defence‑caused injuries or diseases.\n\n12 Section 16 (note)\n\nOmit “the RPBS” (twice occurring), substitute “the Scheme”.\n\n13 Subsection 16A(9)\n\nOmit “the Act”, substitute “the National Health Act 1953”.\n\n14 Section 17\n\nOmit “RPBS listed”, substitute “RPBS Schedule listed”.\n\n15 Paragraph 18(a)\n\nOmit “a Repatriation Health Card ‑ For Specific Conditions or a Repatriation Pharmaceutical Benefits Card,”.\n\n16 Paragraph 18(b)\n\nOmit “ , a Repatriation Health Card ‑ For Specific Conditions or a Repatriation Pharmaceutical Benefits Card”.\n\n17 Section 21 (note 1)\n\nOmit “Note 1”, substitute “Note”.\n\n18 Section 21 (note 2)\n\nOmit the note.\n\n19 Section 23 (heading)\n\nSubstitute:","sortOrder":6},{"sectionNumber":"23","sectionType":"section","heading":"Expenses incurred in obtaining Pharmaceutical Benefits while not in receipt of a pharmaceutical supplement","content":"#### 23 Expenses incurred in obtaining Pharmaceutical Benefits while not in receipt of a pharmaceutical supplement\n\n20 Subsection 23(1)\n\nOmit “allowance under paragraph 118A(1)(c) of the Veterans’ Entitlements Act 1986”, substitute “supplement under section 28 of the Act”.\n\n21 Paragraph 23(1)(a)\n\nOmit “allowance”, substitute “supplement”.\n\n22 Paragraph 23(1)(b)\n\nOmit “and after 30 June 1992”.\n\n23 Paragraph 23(1)(c)\n\nOmit “allowance”, substitute “supplement”.\n\n24 Subsection 23(1)\n\nOmit “of pharmaceutical allowance”, substitute “of pharmaceutical supplement”.\n\n25 Subsection 23(1)\n\nOmit “of the allowance”, substitute “of the supplement”.\n\n26 Part 5A\n\nOmit the Part.","sortOrder":7}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: modifying the RPBS specifically for the Special Access program. It does not expand beyond this remit; if anything, it contracts the scope by removing inapplicable provisions."},"complexity_factors":["Very short instrument (26 modification items, mostly deletions)","No new substantive rules created—only modifications to existing scheme","Simple structure: sequential amendments to definitions and sections","No nested conditions or complex cross-referencing beyond pointing to the parent Act","Straightforward substitution and omission pattern throughout"],"plain_english_summary":"This law pares the Repatriation Pharmaceutical Benefits Scheme down to its essentials and repurposes it for people covered by the Treatment Benefits (Special Access) Act 2019. It redefines key terms, removes irrelevant veterans’ references, and narrows the scheme to letting community pharmacists supply subsidised medicines to eligible Special Access patients.\n\nIt affects those patients, dispensing pharmacists, and the Department of Veterans’ Affairs, and matters because it reuses and simplifies an existing system rather than creating a new one."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument realigns the RPBS to operate under the Treatment Benefits (Special Access) Act 2019 and narrows the Scheme’s administrative framing by substituting the statutory definition of Eligible Person (Schedule item 4), removing several veteran‑specific cards and definitions (Schedule items 3, 6–11), replacing references to ‘allowance’ with ‘supplement’ (Schedule items 20–25) and deleting Part 5A (Schedule item 26). These edits change who and how entitlements are identified and administered compared with the prior RPBS drafting."},"complexity_factors":["Series of mainly textual amendments and deletions to definitions and headings rather than new substantive policy rules (Schedule—items 1–11, 12–19).","Replacement of the RPBS label and cross‑references so the Scheme is expressly authorised by the Treatment Benefits (Special Access) Act 2019 (Schedule items 1, 2, 8, 10).","Removal of multiple veteran‑specific definitions and cards (e.g. Repatriation Health Card ‑ For Specific Conditions, Repatriation Pharmaceutical Benefits Card) which changes eligibility framing (Schedule items 3, 6–11).","Terminology and entitlement metric changes from ‘allowance’ to ‘supplement’ across several provisions, which may affect payment/benefit references in related instruments (Schedule items 20–25).","A single substantive deletion of an entire Part (Part 5A), which may have downstream effect on entitlements or procedures tied to that Part (Schedule item 26).","A cross‑reference change from the Treatment Benefits Act to the National Health Act 1953 in one subsection, which can alter the legal footing of that provision (Schedule item 13).","Operational and compliance burden is concentrated: DVA, community pharmacists and record systems must update forms, id‑checks and software to reflect new definitions and terminology (implicit from Scheme reauthorisation and new 2A)."],"plain_english_summary":"This instrument reconfigures the Repatriation Pharmaceutical Benefits Scheme so it operates under the Treatment Benefits (Special Access) Act 2019 and authorises Community Pharmacists to supply pharmaceutical benefits to Eligible Persons. It updates terminology and cross‑references, replacing legacy allowances with supplements and removing several veteran‑specific cards, definitions and Part 5A. Mechanically, the changes alter who is treated as eligible and require Department of Veterans’ Affairs and pharmacies to change administrative records and dispensing procedures."}},"importantCases":[],"_links":{"self":"/api/acts/treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i","history":"/api/acts/treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i/history","analysis":"/api/acts/treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i/analysis","conflicts":"/api/acts/treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i/conflicts","importantCases":"/api/acts/treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i/important-cases","documents":"/api/acts/treatment-benefits-special-access-modifications-of-the-repatriation-pharmaceutical-benefits-scheme-i/documents"}}