{"id":"F2021L00387","name":"Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021","slug":"veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":101624,"registerId":"commonwealth-F2021L00387-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Veterans’ Entitlements (Vaccinations for","sectionType":"part","heading":"Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021","content":"## Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021\n\nInstrument 2021 No. R9\n\n1. The Repatriation Commission makes this Determination under paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Veterans’ Entitlements Act 1986 (Act).\n\n2. For the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act the Repatriation Commission specifies the class of persons and the kind of treatment in Parts 2 and 3 respectively, of the Determination.\n\n    Dated this 26th day of March 2021\n\nThe Seal of the )\n\nRepatriation Commission )\n\nwas affixed hereto in the )\n\npresence of: )\n\n| Elizabeth Cosson                            | Kate Pope        | Donald Spinks                                          |\n| ------------------------------------------- | ---------------- | ------------------------------------------------------ |\n| ELIZABETH COSSON                            | KATE POPE        | DONALD SPINKS                                          |\n| AM CSC                                      | PSM              | AM                                                     |\n| PRESIDENTGwen CherneGWEN CHERNECOMMISSIONER | DEPUTY PRESIDENT | COMMISSIONERStuart SmithSTUART SMITHAO DSCCOMMISSIONER |","sortOrder":0},{"sectionNumber":"This Determination is the Veterans’ Enti","sectionType":"part","heading":"This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).","content":"## This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).\n\n1.2 Commencement\n\nThis Determination commences, or is taken to have commenced, on the day after it is registered.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nCommission means the Repatriation Commission.\n\ndependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.\n\nGold Card has the meaning it has in the Treatment Principles.\n\nGold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nRepatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\nTreatment Principles means:\n\n    (a) the legislative instrument known as the Treatment Principles made under\n    section 90 of the Act, as in force from time to time; and\n\n(b) the Treatment Principles as modified from time to time by the:\n\n(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the\n\n    (ii) Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);\n\nand:\n\n(c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.\n\nveterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n1.5 Purpose","sortOrder":1},{"sectionNumber":"The purpose of this instrument is to spe","sectionType":"division","heading":"The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).","content":"### The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.\n\nSection 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.\n\nIt also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.\n\nIn this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019\n\nThe treatment is preventive in nature.\n\n  \n\nPart 2 Specified Class of Person","sortOrder":2},{"sectionNumber":"2.1","sectionType":"division","heading":"A person who","content":"Part 1 Introduction\n\n1.1 Name of Determination\n\n## This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).\n\n1.2 Commencement\n\nThis Determination commences, or is taken to have commenced, on the day after it is registered.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nCommission means the Repatriation Commission.\n\ndependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.\n\nGold Card has the meaning it has in the Treatment Principles.\n\nGold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nRepatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\nTreatment Principles means:\n\n    (a) the legislative instrument known as the Treatment Principles made under\n    section 90 of the Act, as in force from time to time; and\n\n(b) the Treatment Principles as modified from time to time by the:\n\n(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the\n\n    (ii) Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);\n\nand:\n\n(c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.\n\nveterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n1.5 Purpose\n\n### The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.\n\nSection 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.\n\nIt also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.\n\nIn this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019\n\nThe treatment is preventive in nature.\n\n  \n\nPart 2 Specified Class of Person\n\n### 2.1 A person who\n\n### (a) is a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the veteran; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.2 A person who:\n\n### (a) is a dependant of a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the dependant; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.3 Any other person who:\n\n### (a) is not a veteran or a dependant of a veteran; and\n\n### (b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;\n\n### is eligible to be provided with the specified treatment.\n\n  \n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:\n\n(a) a medical procedure or medical attendance under the Treatment Principles; and\n\n(b) a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.","sortOrder":3},{"sectionNumber":"(a) is a veteran; and","sectionType":"division","heading":"(a) is a veteran; and","content":"Part 1 Introduction\n\n1.1 Name of Determination\n\n## This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).\n\n1.2 Commencement\n\nThis Determination commences, or is taken to have commenced, on the day after it is registered.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nCommission means the Repatriation Commission.\n\ndependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.\n\nGold Card has the meaning it has in the Treatment Principles.\n\nGold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nRepatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\nTreatment Principles means:\n\n    (a) the legislative instrument known as the Treatment Principles made under\n    section 90 of the Act, as in force from time to time; and\n\n(b) the Treatment Principles as modified from time to time by the:\n\n(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the\n\n    (ii) Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);\n\nand:\n\n(c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.\n\nveterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n1.5 Purpose\n\n### The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.\n\nSection 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.\n\nIt also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.\n\nIn this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019\n\nThe treatment is preventive in nature.\n\n  \n\nPart 2 Specified Class of Person\n\n### 2.1 A person who\n\n### (a) is a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the veteran; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.2 A person who:\n\n### (a) is a dependant of a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the dependant; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.3 Any other person who:\n\n### (a) is not a veteran or a dependant of a veteran; and\n\n### (b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;\n\n### is eligible to be provided with the specified treatment.\n\n  \n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:\n\n(a) a medical procedure or medical attendance under the Treatment Principles; and\n\n(b) a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.","sortOrder":4},{"sectionNumber":"(b) is in Australia at the time the spec","sectionType":"division","heading":"(b) is in Australia at the time the specified treatment is provided to the veteran; and","content":"Part 1 Introduction\n\n1.1 Name of Determination\n\n## This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).\n\n1.2 Commencement\n\nThis Determination commences, or is taken to have commenced, on the day after it is registered.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nCommission means the Repatriation Commission.\n\ndependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.\n\nGold Card has the meaning it has in the Treatment Principles.\n\nGold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nRepatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\nTreatment Principles means:\n\n    (a) the legislative instrument known as the Treatment Principles made under\n    section 90 of the Act, as in force from time to time; and\n\n(b) the Treatment Principles as modified from time to time by the:\n\n(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the\n\n    (ii) Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);\n\nand:\n\n(c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.\n\nveterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n1.5 Purpose\n\n### The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.\n\nSection 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.\n\nIt also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.\n\nIn this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019\n\nThe treatment is preventive in nature.\n\n  \n\nPart 2 Specified Class of Person\n\n### 2.1 A person who\n\n### (a) is a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the veteran; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.2 A person who:\n\n### (a) is a dependant of a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the dependant; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.3 Any other person who:\n\n### (a) is not a veteran or a dependant of a veteran; and\n\n### (b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;\n\n### is eligible to be provided with the specified treatment.\n\n  \n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:\n\n(a) a medical procedure or medical attendance under the Treatment Principles; and\n\n(b) a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.","sortOrder":5},{"sectionNumber":"(c) holds a Gold Card;","sectionType":"division","heading":"(c) holds a Gold Card;","content":"### (c) holds a Gold Card;","sortOrder":6},{"sectionNumber":"is eligible to be provided with the spec","sectionType":"division","heading":"is eligible to be provided with the specified treatment.","content":"### is eligible to be provided with the specified treatment.","sortOrder":7},{"sectionNumber":"2.2","sectionType":"division","heading":"A person who:","content":"### 2.2 A person who:","sortOrder":8},{"sectionNumber":"(a) is a dependant of a veteran; and","sectionType":"division","heading":"(a) is a dependant of a veteran; and","content":"Part 1 Introduction\n\n1.1 Name of Determination\n\n## This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).\n\n1.2 Commencement\n\nThis Determination commences, or is taken to have commenced, on the day after it is registered.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nCommission means the Repatriation Commission.\n\ndependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.\n\nGold Card has the meaning it has in the Treatment Principles.\n\nGold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nRepatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\nTreatment Principles means:\n\n    (a) the legislative instrument known as the Treatment Principles made under\n    section 90 of the Act, as in force from time to time; and\n\n(b) the Treatment Principles as modified from time to time by the:\n\n(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the\n\n    (ii) Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);\n\nand:\n\n(c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.\n\nveterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n1.5 Purpose\n\n### The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.\n\nSection 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.\n\nIt also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.\n\nIn this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019\n\nThe treatment is preventive in nature.\n\n  \n\nPart 2 Specified Class of Person\n\n### 2.1 A person who\n\n### (a) is a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the veteran; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.2 A person who:\n\n### (a) is a dependant of a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the dependant; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.3 Any other person who:\n\n### (a) is not a veteran or a dependant of a veteran; and\n\n### (b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;\n\n### is eligible to be provided with the specified treatment.\n\n  \n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:\n\n(a) a medical procedure or medical attendance under the Treatment Principles; and\n\n(b) a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.","sortOrder":9},{"sectionNumber":"2.3","sectionType":"division","heading":"Any other person who:","content":"### 2.3 Any other person who:","sortOrder":13},{"sectionNumber":"(a) is not a veteran or a dependant of a","sectionType":"division","heading":"(a) is not a veteran or a dependant of a veteran; and","content":"Part 1 Introduction\n\n1.1 Name of Determination\n\n## This Determination is the Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2021 (Instrument 2021 No. R9).\n\n1.2 Commencement\n\nThis Determination commences, or is taken to have commenced, on the day after it is registered.\n\n    1.3 Revocation\n\nThe Veterans’ Entitlements (Vaccinations for Overseas Travel) Eligibility Determination 2010 (Instrument 2010 No. R41) is revoked.\n\n1.4 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nCommission means the Repatriation Commission.\n\ndependant of a veteran means a person described as a dependant in section 11 of the Act or in subsection 81(1) of the Act.\n\nGold Card has the meaning it has in the Treatment Principles.\n\nGold Card holder means a person who has been provided by the Department with a Repatriation Health Card known as the Gold Card to indicate eligibility under veterans’ affairs law for treatment, subject to the Treatment Principles, for all injuries or diseases.\n\nRepatriation Commission means the body corporate continued in existence under section 179 of the Act.\n\nRepatriation Pharmaceutical Benefits Scheme means the scheme prepared by the Repatriation Commission under section 91 of the Act.\n\nspecified class means the class of persons specified in Part 2 of this Determination.\n\nspecified treatment means treatment described in Part 3 of this Determination.\n\nTreatment Principles means:\n\n    (a) the legislative instrument known as the Treatment Principles made under\n    section 90 of the Act, as in force from time to time; and\n\n(b) the Treatment Principles as modified from time to time by the:\n\n(i) Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) (Modifications of the Treatment Principles) Instrument 2013 (Instrument 2013 No.R54); or the\n\n    (ii) Treatment Benefits (Special Access) (Modifications of the Treatment Principles) Instrument 2019 (Instrument 2019 No. R17);\n\nand:\n\n(c) the legislative instrument known as the MRCA Treatment Principles made under paragraph 286(1)(a) of the MRCA, as in force from time to time.\n\nveterans’ affairs law means an Act, or provision of an Act, that in accordance with the Administrative Arrangements Order, is administered by the Veterans’ Affairs Minister. Veterans’ Affairs Minister means the Minister responsible for administering the Veterans’ Entitlements Act 1986.\n\nveteran means a person described in paragraph (a) of the definition of veteran in subsection 5C(1) of the Act or means a person described in paragraph 81(2)(a) of the Act (as those provisions are in force from time to time).\n\n1.5 Purpose\n\n### The purpose of this instrument is to specify, for the purposes of paragraphs 88A(1)(a), 88A(1)(b) and 88A(1)(d) of the Act respectively, a class of veterans, a class of veterans’ dependants and a class of other eligible persons and the treatment those classes will be eligible to receive under the Treatment Principles (No. R52/2013).\n\nUpon the identification of the class and the relevant treatment, the Repatriation Commission may accept financial responsibility for the relevant treatment provided to a person in the class.\n\nSection 88A of the Act enables the Repatriation Commission to extend eligibility for treatment under Part V of the Act so that a person may be provided with treatment for any injury or disease, irrespective of whether it is service-related and with treatment where no injury or disease exists.\n\nSection 88A is used for the purposes of the instrument to confer eligibility under the Treatment Principles (No. R52/2013) for treatment in the form of vaccination on people who will be travelling overseas who are not suffering from an injury or disease that could be remedied by the treatment.\n\nIt also allows for eligibility to be extended to Gold Card holders under other portfolio Acts who otherwise would not be eligible for treatment under the Act.\n\nIn this instance, eligibility is extended to Gold Card holders with a Gold Card issued under the Military Rehabilitation and Compensation Act 2004, the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 or the Treatment Benefits (Special Access) Act 2019\n\nThe treatment is preventive in nature.\n\n  \n\nPart 2 Specified Class of Person\n\n### 2.1 A person who\n\n### (a) is a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the veteran; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.2 A person who:\n\n### (a) is a dependant of a veteran; and\n\n### (b) is in Australia at the time the specified treatment is provided to the dependant; and\n\n### (c) holds a Gold Card;\n\n### is eligible to be provided with the specified treatment.\n\n### 2.3 Any other person who:\n\n### (a) is not a veteran or a dependant of a veteran; and\n\n### (b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;\n\n### is eligible to be provided with the specified treatment.\n\n  \n\nPart 3 Specified Kind of Treatment\n\nThe kind of treatment a person within the specified class is eligible to be provided with under Part V of the Act is a vaccination comprised of:\n\n(a) a medical procedure or medical attendance under the Treatment Principles; and\n\n(b) a pharmaceutical benefit under the Repatriation Pharmaceutical Benefits Scheme.","sortOrder":14},{"sectionNumber":"(b) is a Gold Card holder who is in Aust","sectionType":"division","heading":"(b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;","content":"### (b) is a Gold Card holder who is in Australia at the time the specified treatment is provided to the Gold Card holder;","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Determination revokes the 2010 Eligibility Determination (1.3) and expressly uses section 88A authority to extend Part V treatment eligibility to cover preventive vaccinations for overseas travel (Purpose, 1.5). It broadens the group by including Gold Card holders issued under other portfolio Acts (MRCA 2004; Australian Participants 2006; Treatment Benefits (Special Access) 2019) who otherwise would not be eligible under the Act (Purpose, 1.5), and specifies eligibility conditions (being in Australia and holding a Gold Card) in Part 2 (2.1–2.3)."},"complexity_factors":["Cross-references to multiple external instruments and schemes (Treatment Principles, Repatriation Pharmaceutical Benefits Scheme) create layered eligibility rules (see Definitions, 1.4; Part 3).","Administrative discretion: the Repatriation Commission may \"accept financial responsibility\" for treatment, which requires internal decisions and administrative processes (Purpose, 1.5).","Narrow operational condition that the person must be in Australia at the time the treatment is provided (Part 2: 2.1(b), 2.2(b), 2.3(b)).","Eligibility hinges on Gold Card status, which can originate under several Acts (MRCA 2004; Australian Participants 2006; Treatment Benefits (Special Access) 2019) and is defined via the Treatment Principles (Definitions, 1.4; Purpose, 1.5).","Revocation of the 2010 instrument and reuse of section 88A of the Act to extend non-service-related, preventive treatment requires checking transitional and historical practice (Commencement and Revocation, 1.2–1.3; Purpose, 1.5).","Mix of clinical and pharmaceutical coverage (medical attendance + pharmaceutical benefit) means coordination across health providers and the RPBS for claim processing (Part 3)."],"plain_english_summary":"This Determination lets the Repatriation Commission accept financial responsibility for preventive vaccinations for overseas travel for specified Gold Card holders. Eligible people are veterans, their dependants and other Gold Card holders who are in Australia when the vaccination is provided. The vaccinations covered are medical attendance/procedures and pharmaceutical benefits as set out in the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme."},"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 instrument maintains the same scope as its 2010 predecessor. It continues to provide travel vaccination coverage for Gold Card holders under Section 88A. The 2021 version updates cross-references to include newer legislation (such as the 2019 Special Access Act) and clarifies the definition of 'veteran', but does not expand eligibility beyond the original intent of covering preventive travel vaccinations for the veteran community."},"complexity_factors":["11 defined terms in section 1.4, several of which incorporate external legislative instruments by reference","Nested definitions: 'Treatment Principles' refers to three separate instruments, two of which are modification instruments","Cross-references to multiple Acts: Veterans' Entitlements Act 1986, Military Rehabilitation and Compensation Act 2004, Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006, and Treatment Benefits (Special Access) Act 2019","Reliance on 'as in force from time to time' provisions, meaning the instrument automatically updates when referenced laws change","Simple operative structure (Parts 2 and 3) with only three eligibility clauses and one treatment description clause"],"plain_english_summary":"This Determination lets eligible Gold Card holders — veterans, their dependants and other people with Gold Cards — receive travel vaccinations and associated appointments and medicines in Australia at no cost, by using the law’s power to fund preventive treatment. It replaces the 2010 instrument, removing out‑of‑pocket expense for essential pre‑travel immunisation and updating references to current legislation."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021","history":"/api/acts/veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021/history","analysis":"/api/acts/veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021/analysis","conflicts":"/api/acts/veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021/conflicts","importantCases":"/api/acts/veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021/important-cases","documents":"/api/acts/veterans-entitlements-vaccinations-for-overseas-travel-eligibility-determination-2021/documents"}}