Commonwealth Consolidated Acts

VETERANS' AFFAIRS LEGISLATION AMENDMENT (MILITARY COMPENSATION REVIEW AND OTHER MEASURES) ACT 2013 - SCHEDULE 13

Aged Care Act 1997

1   Subsection   96 - 10(2)

Repeal the subsection, substitute:

  (2)   This section does not apply to a subsidy to the extent that:

  (a)   the * Repatriation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in subsection   84(3A) of the Veterans' Entitlements Act 1986 ; or

  (b)   the * Military Rehabilitation and Compensation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in subsection   287(2A) of the Military Rehabilitation and Compensation Act 2004 ; or

  (c)   the Repatriation Commission has accepted financial responsibility for the amount of the subsidy as mentioned in section   13A of the Australian Participants in British Nuclear Tests (Treatment) Act 2006 .

Australian Participants in British Nuclear Tests (Treatment) Act 2006

2   After section   13

Insert:

13A   Commission may accept financial responsibility for costs in relation to treatment not arranged by Commission

    If:

  (a)   the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for an eligible person; and

  (b)   the treatment is of a kind specified under paragraph   16(4A)(a);

then the Commission may, in accordance with paragraph   16(4A)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Chapter   3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997 ).

3   After subsection   16(4)

Insert:

  (4A)   Without limiting subsection   ( 2), the modifications may also include provisions:

  (a)   specifying kinds of treatment for the purposes of paragraph   13A(b); and

  (b)   specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Chapter   3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997 ).

4   After paragraph   49(a)

Insert:

  (aa)   costs the Commission has accepted financial responsibility for as mentioned in section   13A; and

Military Rehabilitation and Compensation Act 2004

5   At the end of subsection   286(1)

Add:

  ; (h)   both:

  (i)   kinds of treatment for the purposes of paragraph   287(2A)(b); and

  (ii)   the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Chapter   3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997 ).

6   Section   287 (heading)

Repeal the heading, substitute:

287   Provision of treatment

7   After subsection   287(2)

Insert:

  (2A)   If:

  (a)   the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for a person who is entitled to treatment under this Part; and

  (b)   the treatment is of a kind determined under subparagraph   286(1)(h)(i);

then the Commission may, in accordance with subparagraph   286(1)(h)(ii), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Chapter   3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997 ).

8   After paragraph   423(c)

Insert:

  (caa)   costs the Commission has accepted financial responsibility for as mentioned in subsection   287(2A);

Veterans' Entitlements Act 1986

9   After subsection   84(3)

Insert:

  (3A)   If:

  (a)   the Commission is satisfied that an entity, other than the Commission, has arranged for the provision of treatment for a person eligible to be provided with treatment under this Part; and

  (b)   the treatment is of a kind specified under paragraph   90(1B)(a);

then the Commission may, in accordance with paragraph   90(1B)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Chapter   3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997 ).

10   After subsection   90(1A)

Insert:

  (1B)   The Treatment Principles may also include provisions:

  (a)   specifying kinds of treatment for the purposes of paragraph   84(3A)(b); and

  (b)   specifying the circumstances in which, and the extent to which, the Commission may accept financial responsibility for particular costs relating to that treatment (including amounts of subsidy payable under Chapter   3 of the Aged Care Act 1997 or of the Aged Care (Transitional Provisions) Act 1997 ).

11   After paragraph   199(b)

Insert:

  (ba)   costs the Commission has accepted financial responsibility for as mentioned in subsection   84(3A); and

12   Application provision

The amendments made by this Schedule apply in relation to treatment provided on or after the commencement of this Schedule.