{"id":"F2017L00715","name":"Veterans' Entitlements (Expanded Access to Non‑Liability Health Care for Mental Health Treatment) Determination 2017","slug":"veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96531,"registerId":"commonwealth-F2017L00715-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Introduction","content":"## Part 1—Introduction","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Veterans' Entitlements (Expanded Access to Non‑Liability Health Care for Mental Health Treatment) Determination 2017.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under paragraphs 88A(1)(a) and (d) of the Act.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Purpose","content":"#### 5 Purpose\n\n  The purpose of this instrument is to enable persons within a class specified in Part 2 to receive treatment for a mental health condition irrespective of whether the mental health condition is linked to the person’s military service.\n\n> Note: The Repatriation Commission is to provide, arrange or accept financial responsibility for treatment for a mental health condition for a person in a class specified in Part 2 of this instrument in accordance with paragraph 2.5A of the Treatment Principles.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Transitional","content":"#### 6 Transitional\n\n  An application or request for treatment for a specified mental health condition made under the revoked instrument that has not been finalised on commencement of this instrument may be completed under this instrument as if it were a request for treatment for a mental health condition made under this instrument.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"#### 7 Definitions\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> border protection service means service rendered by a member of the Defence Force in an area in or outside Australia that, in the opinion of the Commission, had the purpose of securing Australia’s borders against a potential or real threat by a State, person or persons.\n\n> disaster relief service means service rendered by a member of the Defence Force in an area in or outside Australia that, in the opinion of the Commission, was an area in which a natural or other disaster occurred and the service was rendered as part of the disaster relief effort.\n\n> mental health condition – see section 8.\n\n> Repatriation Pharmaceutical Benefits Scheme means the scheme for the provision of pharmaceutical benefits prepared by the Repatriation Commission under section 91 of the Act.\n\n> Repatriation Private Patient Principles means the principles determined by the Repatriation Commission under section 90A of the Act which set out the circumstances in which treatment is to be provided to eligible persons as private patients.\n\n> Repatriation Commission means the body corporate continued in existence by section 179 of the Act.\n\n> Reserves has the same meaning as in the Defence Act 1903.\n\n> reserve service day means a day or part day that a member of the Reserves is entitled to and paid a daily rate of salary for service that is a part of his or her authorised duty commitment, but is not continuous full‑time service.\n\n> revoked instrument means the Veterans’ Entitlements (Extension of Non‑Liability Health Care for Mental Health Treatment) Determination 2016 (Instrument 2016 No.R34).\n\n> serious training accident means an accident that, in the opinion of the Commission, occurred during a training exercise undertaken by the Defence Force in which a member of the Defence Force died or sustained an injury that, in the opinion of the Commission, was a serious injury.\n\n> Treatment Principles means the document prepared by the Repatriation Commission under section 90 of the Act.\n\n> veteran has the same meaning as it has for the purposes of Part V of the Act as set out in sections 80 and 81 of the Act.\n\n> Note (1): In sections 80 and 81 of the Act, “veteran” means a person:\n\n    (a) who is, because of section 7 of the Act, taken to have rendered eligible war service; or\n    (b) in respect of whom a pension is, or pensions are, payable under subsection 13(6) of the Act, other than a person who is a veteran under paragraph (a) by reason only that the person rendered service as a member of the Forces of a Commonwealth country of a kind described in paragraphs 6(1)(f) or (g) of the Act and was not domiciled in Australia or an external Territory immediately before the person’s appointment or enlistment in those forces.\n\n> Note: Section 81 of the Act provides that “veteran” is also to be read as a reference to a “member of the Forces” or a “member of a Peacekeeping Force” as defined in subsection 68(1) of the Act.\n\n> Note (2): Other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) continuous full‑time service (s.5C(1))\n    (b) Defence Force (s.5C(1))\n    (c) member of the Defence Force (s.5C(1); s.5C(2))\n\n> White Card means the Health Card known as the Repatriation Health Card – For Specific Conditions issued by the Department to indicate eligibility for funding of, amongst other things, treatment for a mental health condition on a non‑liability health care basis.","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of mental health condition","content":"#### 8 Meaning of mental health condition\n\n  (1) In this instrument:\n\n> mental health condition means a mental disorder that could be assessed and diagnosed by a mental health professional in accordance with recognised criteria for such assessment and diagnosis.\n\n  (2) In this section:\n\n> mental health professional means a person who is:\n\n    (a) a medical practitioner (whether a general practitioner or a psychiatrist) who is registered with the Australian Health Practitioner Regulation Agency to practise as a medical practitioner; or\n    (b) a psychologist who is registered with the Australian Health Practitioner Regulation Agency to practise as a psychologist and who holds a post‑graduate qualification in clinical psychology.\n\n> Note: Medical reference resources used by Australian mental health professionals in the assessment and diagnosis of mental disorders include DSM‑5 (fifth edition of the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders) and Chapter V of ICD‑10‑AM (the International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification).","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Specified classes of person","content":"## Part 2—Specified classes of person","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Veterans","content":"#### 9 Veterans\n\n  For paragraph 88A(1)(a) of the Act, the following class of person is specified:\n\n> A veteran who makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Past and current members of the Defence Force","content":"#### 10 Past and current members of the Defence Force\n\n  For paragraph 88A(1)(d) of the Act, the following class of person is specified:\n  A person (other than a person who is covered by paragraphs (a), (b) or (c) of section 88A of the Act) who:\n    (a) is, or has been, a member of the Defence Force rendering continuous full‑time service; and\n    (b) makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Transitioning members of the Defence Force","content":"#### 10A Transitioning members of the Defence Force\n\n  (1) For paragraphs 88A(1)(a) and (d) of the Act, the following class of person is specified:\n  A person who:\n    (a) is or was a member of the Defence Force rendering continuous full‑time service; and\n    (b) has been issued with a White Card on transition from the Defence Force; and\n    (c) uses the White Card to access treatment for a mental health condition.\n  (2) A person in a class specified in subsection (1) is eligible for the treatment specified in Part 3 for a period of 3 months before the date when the treatment for the mental health condition is first accessed using the White Card referred to in paragraph 10A(1)(b).","sortOrder":10},{"sectionNumber":"10B","sectionType":"section","heading":"Reservists with Disaster Relief Service etc.","content":"#### 10B Reservists with Disaster Relief Service etc.\n\n  (1) For paragraphs 88A(1)(a) and (d) of the Act, the following class of person is specified:\n  A person who:\n    (a) is or was a member of the Reserves; and\n    (b) has on a reserve service day:\n    (i) rendered border protection service; or\n    (ii) rendered disaster relief service; or\n    (iii) been involved in or witnessed a serious training accident; and\n    (c) makes a request to be provided with treatment for a mental health condition to an office of the Department in Australia.\n  (2) A person who is within a class specified in subsection (1) is eligible to be provided with treatment of a kind specified in Part 3 from and including the date that is 3 months before the day on which the request to be provided with treatment is received at an office of the Department in Australia provided that the treatment is not backdated to an earlier date than 1 July 2018.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Making a request for treatment","content":"#### 11 Making a request for treatment\n\n  (1) A request for treatment under section 9, 10 or 10B(1) may be made in writing, in person or by phone call.\n  (2) A request that is made in writing may be lodged electronically in a manner, and to an electronic address, that is approved for the electronic transmission of applications under subsection 85(2) of the Act by the Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016, as in force on 1 July 2017.\n  (3) A request in writing that is lodged electronically in accordance with subsection (2) is taken to be received at an office of the Department in Australia on the day on which it is received at the approved electronic address.\n\n> Note: The Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016 approves the electronic lodgement of applications under subsection 85(2) of the Act via fax, via internet, and via email to the approved email address: [nlhc@dva.gov.au](mailto:nlhc@dva.gov.au).","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Backdating of treatment","content":"#### 12 Backdating of treatment\n\n  (1) A person who is within a class specified in section 9 or 10 of this instrument is eligible to be provided with treatment of the kind specified in Part 3 from and including the date that is 3 months before the day on which the request to be provided with treatment is received at an office of the Department in Australia provided that date is no earlier than 1 July 2017.\n  (2) However, nothing in subsection (1) affects an entitlement of a person who is within a class specified in Part 2 of the revoked instrument to backdating of treatment for the full 3 months (even if that backdating is to a date that is earlier than 1 July 2017).","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Specified treatment","content":"## Part 3—Specified treatment","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Treatment","content":"#### 13 Treatment\n\n  For each class of persons specified in Part 2 of this instrument, the following kind of treatment is specified:\n  Treatment that can be applied to a mental health condition as the case may be, under, and subject to:\n    (a) the Treatment Principles; or\n    (b) the Repatriation Pharmaceutical Benefits Scheme; or\n    (c) the Repatriation Private Patient Principles; or\n    (d) an arrangement between the Repatriation Commission and a health care provider pursuant to Part V of the Act.","sortOrder":15}],"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Determination modifies the scope compared with the revoked 2016 instrument in two main ways: it clarifies and adds specific classes (notably the transitional White Card class in section 10A and an explicit Reservist class for border protection, disaster relief or serious training accidents in section 10B), and it sets defined backdating floors (no earlier than 1 July 2017 generally and 1 July 2018 for specified reservists) while preserving older full 3‑month backdating entitlements for matters already in train under the revoked instrument (sections 6 and 12(2)). In short, it both extends non‑liability access to named additional groups and tightens temporal backdating limits for new applicants, altering the practical reach of the original instrument."},"complexity_factors":["Multiple specified classes of person (sections 9, 10, 10A, 10B) with slightly different eligibility and backdating rules","Approximately 16 defined terms in section 7 and cross‑references to definitions in the Veterans' Entitlements Act","Cross‑references to external instruments and documents: Treatment Principles, Repatriation Pharmaceutical Benefits Scheme, Repatriation Private Patient Principles, Part V of the Act (section 13)","Subjective determinations vested in the Commission (phrases like 'in the opinion of the Commission' for border protection service, disaster relief service, serious training accident)","Conditional backdating rules with class‑specific floors (not earlier than 1 July 2017 for most classes; 1 July 2018 for certain reservists) and a transitional saving for applicants under the revoked instrument (sections 6, 10B(2), 12)","Reference to another statutory instrument for permitted electronic lodgement channels (section 11 and Veterans’ Entitlements (Electronic Lodgement Approval) Instrument (No. 2) 2016)","Short instrument length but moderate number of cross‑references and operational dependencies on administrative policies (Treatment Principles etc.)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- It authorises the Repatriation Commission (the Commission) to pay for, arrange or accept financial responsibility for mental health treatment for certain people regardless of whether the condition is linked to their military service (see Purpose and the Note to section 5).\n\n- It specifies who may ask for that treatment (the eligible classes):\n  - Veterans who request treatment (section 9).\n  - Past or current members who rendered continuous full‑time Defence Force service and who request treatment (section 10).\n  - Transitioning members who are issued a Repatriation Health Card – For Specific Conditions (\"White Card\") on leaving the Defence Force and who use it to access mental health treatment; these people are eligible for treatment from three months before their first White Card use (section 10A).\n  - Reservists who, on a reserve service day, rendered border protection service, rendered disaster relief service, or were involved in or witnessed a serious training accident, who request treatment (section 10B).\n\n- It says what counts as a \"mental health condition\" (a diagnosable mental disorder assessed by an appropriately registered mental health professional) and who qualifies as a mental health professional (registered medical practitioners or registered psychologists with a clinical postgraduate qualification) (section 8).\n\n- It identifies the kinds of treatment the Commission will fund: care provided under the Treatment Principles, medicines under the Repatriation Pharmaceutical Benefits Scheme, private‑patient treatment under the Repatriation Private Patient Principles, or other arrangements the Commission has with providers under Part V of the Veterans' Entitlements Act (section 13).\n\n- It sets how to make a request (in writing, in person or by phone) and allows certain electronic lodgement pathways, including a specified email address (section 11).\n\n- It sets limited backdating rules for when funding can start. For veterans and continuous full‑time former/current members the funding can be backdated up to three months before the request but not earlier than 1 July 2017 (section 12(1)). Reservists in the specified class may have eligibility from three months before their request but not earlier than 1 July 2018 (section 10B(2)). A transitional saving preserves the full three‑month backdating entitlement for people who applied under the revoked 2016 instrument and whose matters were not finalised on commencement (section 6 and 12(2)).\n\n- The instrument relies on several definitions that vest factual judgment in the Commission (for example whether particular service was \"border protection service\", \"disaster relief service\" or a \"serious training accident\" — those are to be determined \"in the opinion of the Commission\") (see Definitions in section 7).\n\nWhy it matters (stated rationale and practical implications)\n\n- Stated purpose: to enable people in the specified classes to receive treatment for a mental health condition irrespective of whether the condition is linked to their military service (section 5). That is, the Commission can fund non‑liability (no need to link the condition to service) mental health care for the listed groups.\n\n- Who pays: the Repatriation Commission (a Commonwealth statutory body) is the payer/arranger of services under the instrument (note to section 5 and through the funding mechanisms referenced in section 13).\n\n- Who decides: the Commission determines eligibility facts that require judgment (several service categories depend on the Commission's opinion), applies the Treatment Principles and the other funding rules, and can make arrangements with providers (Definitions; sections 7, 13).\n\nPractical effects, incentives and trade‑offs to note (mechanisms, not judgments)\n\n- Budgetary effect: expanding non‑liability access increases the Commission's potential service and pharmaceutical expenditure because funding no longer requires a causal link to service for covered classes (section 5 and section 13).\n\n- Concentrated benefits and diffuse costs: benefits are concentrated on veterans, ex/current continuous full‑time members, certain transitioning members and certain reservists; costs flow to the Commission's budget (i.e. taxpayers) and are spread across the broader budget base.\n\n- Behavioural substitution: people who qualify can shift from privately paying for treatment to accessing Commission‑funded care. Transitioning members can use a White Card to access funded care, including three months prior to first usage (section 10A).\n\n- Administrative discretion and implementation risk: key eligibility facts (e.g. whether an operation was a \"border protection service\" or whether an accident was a \"serious training accident\") are defined by reference to the Commission's opinion, which concentrates decision power in the agency and introduces potential variability in outcomes (Definitions in section 7 and sections 10B and 10A).\n\n- Compliance and access process: the instrument allows multiple simple request methods (in person, phone, or in writing) and explicitly permits electronic lodgement via approved channels, which reduces procedural friction for applicants (section 11).\n\n- Transitional and timing effects: the instrument imposes concrete backdating cut‑offs (1 July 2017 or 1 July 2018 for reservists). That both clarifies and limits how far funding can be retroactively applied, while preserving older entitlements for those already in process under the revoked instrument (sections 12 and 6).\n\nKey cross‑references to existing rules\n\n- The instrument implements access by using existing funding frameworks (Treatment Principles, Repatriation Pharmaceutical Benefits Scheme, Repatriation Private Patient Principles and Part V provider arrangements) rather than creating new benefit types (section 13).\n\n- It is made under paragraphs 88A(1)(a) and (d) of the Veterans’ Entitlements Act 1986 (section 3), so it operates within the Commission's statutory authorities.\n\nBottom line\n\n- This Determination lets the Repatriation Commission fund mental health treatment for defined groups of veterans, ex/current continuous full‑time members, certain transitioning members (with a White Card) and certain reservists even if the condition is not linked to military service. It specifies who qualifies, what counts as a mental health condition and professional assessor, how to apply, what treatments may be funded, and limits on backdating funding (see sections 5, 8‑13). It relies on existing Repatriation funding instruments and leaves factual determinations to the Commission."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Determination appears consistent with its stated purpose in section 5. It expands access to non-liability mental health care to specific classes of Defence Force members and veterans, which aligns with the instrument's name and authority. The various categories (veterans, full-time members, transitioning members, and reservists with specific service types) represent a deliberate expansion of eligibility rather than scope creep beyond the original intent."},"complexity_factors":["Multiple overlapping eligibility categories with slightly different conditions (veterans vs full-time members vs transitioning members vs reservists)","Cross-references to external instruments: Treatment Principles, Repatriation Pharmaceutical Benefits Scheme, Repatriation Private Patient Principles, and the revoked 2016 Determination","Nested date restrictions for backdating (3 months before request, but not earlier than 1 July 2017, with an exception for the revoked instrument allowing earlier dates)","13 defined terms in section 7, plus section 8 defining 'mental health condition' with reference to external diagnostic manuals (DSM-5, ICD-10-AM)","Complex definition of 'veteran' requiring reference to sections 80 and 81 of the parent Act, which themselves incorporate multiple sub-definitions","Transitional provision handling unfinished applications from the revoked instrument"],"plain_english_summary":"This Determination lets veterans and serving ADF members access free mental‑health care without proving their condition was caused by service — removing the “service‑connection” hurdle. It covers veterans, current/former full‑time members, transitioning members with a White Card, and certain reservists, allows limited backdating, and includes standard treatments (medication, private hospital care). It matters because it speeds access to care and avoids lengthy proof processes."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter","history":"/api/acts/veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter/history","analysis":"/api/acts/veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter/analysis","conflicts":"/api/acts/veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter/conflicts","importantCases":"/api/acts/veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter/important-cases","documents":"/api/acts/veterans-entitlements-expanded-access-to-non-liability-health-care-for-mental-health-treatment-deter/documents"}}