Commonwealth Numbered Acts

VETERANS' ENTITLEMENTS (PROVISION OF TREATMENT) AMENDMENT ACT 1992 No. 51 of 1992 - SECT 6

6. After section 90 of the Principal Act the following section is inserted:
Determination etc. of Repatriation Private Patient Principles

"90A. (l) The Commission may, in writing, determine principles setting out the
circumstances in which treatment provided by the Commission to eligible
persons is to be provided to them as private patients.

"(2) The principles may also include provisions dealing with the following
matters in relation to treatment to be provided to an eligible person as a
private patient:

   (a)  whether approval by the Commission of the treatment 15 required;

   (b)  if approval by the Commission of the treatment is required-the
        exercise of the Commission's power to approve the treatment, whether
        before or after the treatment has been given or begun;

   (c)  where thc treatment may be provided.

"(3) The Commission may, in writing, amend the principlcs at any time.

"(4) A determination or amendment of principles has no effect unless the
Minister has, in writing, approved the instrument making the determination or
amendment.

"(5) An instrument determining or amending principles that has been approved
by the Minister is a disallowable instrument for the purposes of section 46A
of the Acts Interpretation Act 1901.

"(6) For the purposes of sections 48, 48A, 48B and 49 of the Acts 
Interpretation Act 1901 as they apply to an instrument dctermining or amending
principles:

   (a)  the instrument is taken to be made on the day on which the Minister
        approved the instrument; and

   (b)  the references in section 48 of that Act to the date of notification
        of the instrument are to be read as references to the date on which
        the Minister approved the instrument.

"(7) The Commission must make copies of the principles, and any amendments of
the principles, available upon application and payment of the prescribed fee
(if any).

"(8) For the purposes of this section, treatment is taken to be provided to a
person as a private patient if:

   (a)  the treatment is provided to the person as a person who is, for the
        purposes of the Health Insurance Act 1973, a private patient of a
        hospital; or

   (b)  the treatment is provided to the person by a medical specialist to
        whom the person has been referred but is not provided at a hospital.

"(9) In this section: 'eligible person' means a person eligible under section
85 or 86 to be provided with treatment.".