2.2Treatment for entitled persons residing or travelling overseas

2.2 Treatment for entitled persons residing or travelling overseas

2.2.1 Subject to these Principles, the Commission will accept financial responsibility for the treatment overseas of service injuries or service diseases only for:

(a) a member who is resident overseas; or

(b) a member who is travelling overseas.

2.2.2 Except where the Commission decides otherwise, the Commission will not accept financial responsibility under paragraph 2.2.1 for costs incurred in the treatment of a service injury or disease injury or disease while a member is temporarily absent from Australia unless, prior to departure, an office of the Department has been notified of the member's intention to travel.

2.2.3 Except in an emergency, financial responsibility under paragraph 2.2.1 will be limited to:

(a) except in the cases of residential care or residential care (respite), the cost of treatment provided in accordance with the mode and duration that would have been provided or arranged, under these Principles, in Australia; or

(b) except in the cases of residential care or residential care (respite), the cost of treatment provided by a health authority or facility nominated by the Commission; or

(c) in the case of residential care or residential care (respite) provided for a period to a member, whether provided in an emergency or not — the lesser of:

(i) the amount charged the member; or

(ii) the amount of residential care subsidy (at classification level 1 for residential care or at classification level 3 for residential care (respite)) and the residential care amount (if any) that would have been accepted by the Commission in respect of the member if the member had received residential care or residential care (respite), as the case may be, at the classification level 1 or the classification level 3, respectively, for the same period in Australia; or

Note (1): Subject to the Principles, the Commission will not accept financial responsibility for medical or allied-health treatment applied to an injury or disease of a member that is not a service injury or a service disease.

Note (3): "classification level 1" and "classification level 3" mean "residential care classification level 1"and "residential care classification level 3", respectively, under the Aged Care Act 1997. By virtue of Part 10 of the Principles the Commission, in the first instance, rather than the Commonwealth, accepts financial responsibility for the provision of residential care and residential care (respite) under the Aged Care Act 1997 to entitled persons (the armed service community).

Note (4): the "residential care amount", also commonly known as the "basic daily care fee" or "resident fee", is the amount to be worked out under section 58-3, or the amount to be worked out under subsection 58-4(1), of the Aged Care Act 1997 as amended from time to time, depending on which of those provisions applied to the circumstances of the member.