Veterans’ Entitlements Act 1986 

(An Act to provide for the payment of pensions and other benefits to, and to provide medical and other treatment for, veterans and certain other persons, and for other purposes)

Article I. Veterans’ Entitlements Act 1986

No. 27, 1986

Compilation No. 140

　Compilation date: 1 July 2017
　Includes amendments up to:  Act No. 59, 2017
　Registered: 20 July 2017

This compilation is in 4 volumes:

　Volume 1: Sections 1–45UY
　Volume 2: Sections 46–93ZG
　Volume 3: Sections 94–216
　Volume 4: Schedules
　 Endnotes

Each volume is available for download at: https://www.legislation.gov.au/Details/C2017C00247

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any ncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

The full title of the Act is:
An Act to provide for the payment of pensions and other benefits to, and to provide medical and other treatment for, veterans and certain other persons, and for other purposes

Reproduced below is an extract of the Act, containing only the Sections that are directly relevant to the nuclear veterans and other persons who rendered British nuclear test defence service.

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Volume 1

Part I—Preliminary

1  Short title

This Act may be cited as the Veterans’ Entitlements Act 1986.

Part IV—Pensions for members of Defence Force or Peacekeeping Force and their dependants

  – Divisions 1-4 = Sections 68-79

69B  Application of Part to persons who rendered British nuclear test defence service

(1)  This Part applies to a person who has rendered British nuclear test defence service.

(2)  A person rendered British nuclear test defence service while the person was a member of the Defence Force and rendered service in an area described in the table at any time during a period described in the table for that area:

British nuclear test defence service in an area within a period

Item	Area	Period
1	The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago	The period: (a) starting at the start of 3 October 1952; and (b) ending at the end of 19 June 1958
2	The area within 25 kilometres of the Totem test sites at Emu Field	The period: (a) starting at the start of 15 October 1953; and (b) ending at the end of 25 October 1955
3	The area within 40 kilometres of any of the Buffalo or Antler test sites near Maralinga	The period: (a) starting at the start of 27 September 1956; and (b) ending at the end of 30 April 1965

(3)  A person rendered British nuclear test defence service while the person was a member of the Defence Force and was involved at any time during a period described in the table in the transport, recovery, maintenance or cleaning of a vessel, vehicle, aircraft or equipment that was contaminated as a result of its use in an area described in the table for that period:

British nuclear test defence service relating to work on contaminated things

Item	Period in which involvement occurred	Area where thing was contaminated
1	The period: (a) starting at the start of 3 October 1952; and (b) ending at the end of 19 July 1956	The area within 10 kilometres of Main Beach on Trimouille Island in the Monte Bello Archipelago
2	The period: (a) starting at the start of 15 October 1953; and (b) ending at the end of 25 November 1953	The area within 25 kilometres of the Totem test sites at Emu Field
3	The period: (a) starting at the start of 27 September 1956; and (b) ending at the end of 30 May 1963	The area within 40 kilometres of any of the Buffalo or Antler test sites near Maralinga

(4)  A person rendered British nuclear test defence service while the person was a member of the Defence Force and, at a time between the start of 3 October 1952 and the end of 31 October 1957, flew in an aircraft of the Royal Australian Air Force or the Royal Air Force that was at that time:
　(a)  used in measuring fallout from nuclear tests conducted in an area described in the table in subsection (2); and
　(b)  contaminated by the fallout.

(5)  A person rendered British nuclear test defence service while the person was a member of the Defence Force if the person satisfies the requirements specified in an instrument under subsection (6).

(6)  The Commission may, by legislative instrument, specify requirements for the purposes of subsection (5).

Part V—Medical and other treatment

80  Interpretation

(1)  In this Part, unless the contrary intention appears, treatment means treatment provided, or action taken, with a view to:

　(a)  restoring a person to, or maintaining a person in, physical or mental health;
　(b)  alleviating a person’s suffering; or
　(c)  ensuring a person’s social well‑being;and, without limiting the generality of the foregoing, includes
　(d)  the provision of accommodation, medical procedures, nursing care, social or domestic assistance or transport;
　(e)  the supply, renewal, maintenance and repair of artificial replacements, and surgical and other aids and appliances; and
　(f)  the provision of diagnostic and counselling services; for the purposes of, or in connection with, any such treatment or action.

(2)  In this Part:

　(b)  a reference to a country area of a State shall be read as a reference to a part of that State, outside the metropolitan area of the capital city of that State, determined by the Commission, by instrument in writing, to be a country area of that State for the purposes of this Part; and
　(c)  a reference to a veteran shall be read as a reference to a person who is a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) other than a person who:
　　 (i)  is a veteran as so defined by reason only that the person has rendered service as described in item 3 of the table in subsection 6A(1) or as described in subsection 6C(2); and
　　 (ii)  has not satisfied the Commission, whether before or after the commencement of this paragraph, that the person was domiciled in Australia or an external Territory immediately before the person’s appointment or enlistment for that service.

Note: Section 11B may affect a person’s domicile immediately before appointment or enlistment.

81  Application of Part V

(1)  Without prejudice to its effect apart from this subsection, this Part has effect in relation to a person who is, or has been:

　(a)  a member of the Forces as defined by subsection 68(1); or
　(b)  a member of a Peacekeeping Force as defined by subsection 68(1);
and in relation to a dependant of such a person who has died, in like manner as it has effect in relation to a veteran and a dependant of a deceased veteran, respectively.

(2)  For the purpose of the application of this Part in accordance with subsection (1):

    (a)  a reference in this Part to a veteran shall be read as a reference to a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1);
　 (b)  a reference in this Part to a pension (other than a service pension), or to a pension under Part II shall be read as a reference to a pension under Part IV;
     (c)  a reference in this Part to a war‑caused injury shall be read as a reference to a defence‑caused injury;
　 (d)  a reference in this Part to a war‑caused disease shall be read as a reference to a defence‑caused disease; and
     (e)  a reference in this Part to the death of a veteran that was war‑caused shall be read as a reference to the death of a member of the Forces, or member of a Peacekeeping Force, as defined by subsection 68(1), that was defence‑caused.

84  Provision of treatment

(1A)  If treatment could be provided for a person consistently with this Part, the Commission must take reasonable steps to ensure that the treatment is provided for the person consistently with this Part.

(1B)  In subsection (1A), a reference to this Part includes a reference to the instruments made, and arrangements entered into, by the Commission under this Part.

 (1)  The Commission may arrange for the provision of treatment for veterans and other persons eligible to be provided with treatment under this Part:
　  (b)  at a hospital or other institution in accordance with arrangements referred to in paragraph 89(1)(b) or (c); or
　  (c)  otherwise.

(2)  Subject to subsection (3), the Commission is not taken to have arranged for the provision of treatment for a person unless:
      (a)  the treatment was provided in accordance with arrangements made by the Commission under this Part; or
　　(b)  the treatment was provided in the circumstances in which, and in accordance with the conditions subject to which, the treatment may be provided under this Part; or
　　(c)  the Commission approved the provision of the treatment before the treatment was given, or began to be given, as the case may be.

(3)  Where the Commission is satisfied that treatment was provided, or commenced to be provided, without the prior approval of the Commission, for an injury suffered, or disease contracted by a person:
      (a)  at any time during the period from and including the date as from which the person has become eligible to be provided with treatment for that injury or disease to and including the date on which the determination was made by virtue of which the person has become eligible to be provided with treatment under this Part for that injury or disease; or
      (b)  in circumstances in which it would be proper for the Commission to approve provision of the treatment after it had been given or had commenced to be given;
the Commission may, in its absolute discretion, approve the provision of that treatment and, if it does so, the Commission shall be deemed to have arranged for the provision of that treatment.

(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).

(4)  Nothing in this Part shall be taken to:
       (a)  impose a duty on the Commission to arrange for the provision of; or
       (b)  confer a right on a person to be provided, under arrangements made by the Commission, with;
treatment for a particular injury or disease, treatment of a particular kind for an injury or disease or treatment for an injury or disease outside Australia.

(5)  Subject to subsection (1A), nothing in this Part shall be taken to confer on a person a right to be provided with treatment for an injury or disease:
　　(a)  by the Commonwealth; or
　　(b)  by the Commission otherwise than to the extent that, and in a manner that, it may be provided under arrangements made by, or with the approval of, the Commission.

85  Veterans eligible to be provided with treatment

(1)  Where a determination under this Act is in force determining that an injury suffered by a veteran is a war‑caused injury or that a disease contracted by a veteran is a war‑caused disease, the veteran is eligible to be provided with treatment under this Part for that injury or disease from and including:
　　 (a)  the date as from which a pension, or increased pension, is granted to the veteran under Part II in respect of his or her incapacity from that injury or disease; or
　　 (b)  the date as from which such a pension or increased pension would have been granted to the veteran if the extent of the incapacity of the veteran from the injury or disease had not been insufficient to justify the grant of, or increase of, a pension under Part II.

Note: A veteran might stop being eligible to be provided with treatment under this Part for an injury or disease if the veteran is entitled to treatment under the MRCA for the injury or disease (see sections 85A and 85B of this Act).

(2)  A veteran is eligible to be provided with treatment under this Part for malignant neoplasia or pulmonary tuberculosis from and including the date that is 3 months before the date on which the application to be provided with that treatment is lodged at an office of the Department in Australia in accordance with section 5T.

Note 1:  A veteran or other person may be eligible to be provided with treatment under this Part for mental health conditions (such as post‑traumatic stress disorder, alcohol use disorder or substance use disorder) and other conditions under a determination made under section 88A.

Note 2:  A veteran might stop being eligible to be provided with treatment under this Part for an injury or disease if the veteran is entitled to treatment under the MRCA for the injury or disease (see sections 85A and 85B of this Act).

(2A)  A person is eligible to be provided with treatment under this Part for an injury (within the meaning of the Safety, Rehabilitation and Compensation Act 1988) if, as a result of table item 3 of the table in subsection 144B(3) of that Act, this subsection applies to the person and the injury.

(3)  Where a veteran:
　(a)  is in receipt of a pension under Part II at the general rate or at a higher rate; or
(b)  is in receipt of a pension under Part II in respect of incapacity from a war‑caused injury or a war‑caused disease of a kind described in column 1 of the table in subsection 27(1);
the veteran is eligible to be provided, from and including the date as from which a pension is so payable to the veteran, with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.

(4)  Where:
    (a)  a veteran rendered, while a member of the Defence Force, continuous full‑time service during World War 1;
(aa)  a female veteran rendered, while a member of the Defence Force, service of the kind referred to in subparagraph 7A(1)(a)(i) during the period referred to in paragraph (b) of the definition of period of hostilities in subsection 5B(1);
     (b)  before the MRCA commencement date a veteran was, while a member of the Defence Force, a prisoner of war during a war to which this Act applies or while serving on operational service; or
     (c)  the veteran is a person who was an eligible civilian within the meaning of subsection 5C(1) and was, while he or she was such a civilian, detained by the enemy during World War 2;
the veteran is eligible to be provided, from and including the date on which the veteran’s application to be provided with treatment is lodged at an office of the Department in Australia in accordance with section 5T, with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.

(4A)  A veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act, if:
       (a)  the veteran is 70 or over; and
       (b)  the veteran has rendered qualifying service during the period covered by paragraph (b) of the definition of period of hostilities in subsection 5B(1); and
      (c)  either:
            (i)  the Department has notified the veteran in writing that he or she is or will be eligible for such treatment; or
            (ii)  the veteran has, by written document lodged at an office of the Department in Australia in accordance with section 5T, notified the Department that he or she seeks eligibility for such treatment.

(4B)  A veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act, if:
      (a)  the veteran is 70 or over; and
     (b)  the veteran has rendered qualifying service within the meaning of subparagraph 7A(1)(a)(ii), (iii), (iv), (v) or (vi) or paragraph 7A(1)(b), (c) or (f); and
     (c)  either:
           (i)  the Department has notified the veteran in writing that he or she is or will be eligible for such treatment; or
          (ii)  the veteran has, by written document lodged at an office of the Department in Australia in accordance with section 5T, notified the Department that he or she seeks eligibility for such treatment.

(4C)  A notification by the veteran under subparagraph (4A)(c)(ii) or (4B)(c)(ii) that is lodged in accordance with section 5T is taken to have been made on a day determined under that section.

(5)  A veteran referred to in section 53D is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.

(7)  Where a veteran:
       (a)  is in receipt of a pension under Part II at a rate not less than 50 per centum of the general rate; and
       (b)  is also in receipt of a service pension under Part III;the veteran is, from and including:
       (c)  the date as from which that pension under Part II became so payable to the veteran; or
       (d)  the date as from which that service pension became payable to the veteran;

whichever is the later date, eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act.

(7A)  A veteran is eligible to be provided with treatment under this Part for any injury or disease if:
     (a)  the veteran is receiving a service pension under Part III; and
     (b)  an impairment suffered by the veteran from one or more service injuries or diseases constitutes at least 30 impairment points (within the meaning of the MRCA); and
     (c)  the treatment is provided after both paragraphs (a) and (b) begin to apply to the veteran; and
     (d)  the veteran is not already being provided with treatment for any injury or disease under Chapter 6 of the MRCA.

(8)  Where a service pension is suspended, the Commission may, by instrument in writing, determine, for the purposes of the application of the provisions of this section to and in relation to the person to whom the pension was granted, that that person shall be treated as if he or she were continuing to receive that pension during the period, or a specified part of the period, of the suspension.

(9)  Where:
        (a)  a veteran, while a member of the Defence Force, rendered continuous full‑time service outside Australia in the area described in item 4 or 8 of Schedule 2 (in column 1) while that area was an operational area, whether or not the veteran rendered that service:
             (i)  as a member of a unit of the Defence Force that was allotted for duty; or
             (ii)  as a person who was allotted for duty; in that area; and
       (b)  the Commission is satisfied that the veteran requires urgent treatment for an injury suffered, or disease contracted, by the veteran, whether before or after the commencement of this Act;
the veteran is eligible to be provided with treatment under this Part for that injury or disease:
       (c)  at a hospital formerly operated and maintained by the Commission, if the Commission is satisfied that provision of that treatment will not adversely affect the capacity of the person operating the hospital to provide treatment at that hospital for veterans eligible to be provided with treatment by virtue of a preceding subsection or dependants of veterans eligible to be provided with treatment by virtue of subsection 86(1), (2), (3) or (4);
        (d)  at a hospital in a country area of a State operated by that State, being a hospital in respect of which the Commission has entered into arrangements of a kind referred to in paragraph 89(1)(b); or
        (e)  at a hospital in a Territory, being a hospital operated by the Commonwealth or the Government of that Territory in respect of which the Commission has entered into arrangements of a kind referred to in paragraph 89(1)(b).

(10)  Where a veteran has been provided with treatment at a hospital under subsection (9) for an injury or disease, the Commission may provide further treatment for that injury or disease otherwise than at a hospital of a kind referred to in that subsection if it is of the opinion that that further treatment is desirable.

(11)  Where a veteran would, but for the operation of section 26, 30C, 30D or 74, be in receipt of a pension under Part II:
       (a)  at a rate referred to in paragraph (3)(a) or (7)(a) of this section; or
       (b)  in respect of incapacity of a kind referred to in paragraph (3)(b) of this section;
subsection (3) or (7), as the case requires, of this section applies to the veteran as if the veteran were in receipt of that pension.

(12)  Where a veteran is, under a preceding subsection of this section, eligible to be provided with treatment under this Part for an injury suffered, or disease contracted, by the veteran from and including a particular date and is also, under another preceding subsection of this section, eligible to be provided with treatment under this Part for that injury or disease from and including an earlier date, the Commission may arrange for the veteran to be provided with treatment for that injury or disease from and including that earlier date.

(13)  If:
      (a)  immediately before 1 January 2017, a veteran was receiving a service pension under Part III; and
     (b)  the Commission is satisfied that the rate of that pension is nil on 1 January 2017 because of the operation of the amendments made by Part 1 of Schedule 3 to the Social Services Legislation Amendment (Fair and Sustainable Pensions) Act 2015;
then, for the purposes of paragraph (7)(b) or (7A)(a), on and after 1 January 2017 the veteran is taken to be receiving a service pension under Part III.

85A  Treatment under section 279 or 280 of the MRCA for aggravated injuries or diseases

(1)  This section applies if:
     (a)  a person is entitled to treatment for an aggravated injury or disease (within the meaning of the MRCA) under section 279 or 280 of the MRCA; and
     (b)  apart from this section, the person would also be eligible to be provided with treatment for the original injury or disease under subsection 85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment under this Act for any injury or disease would continue to be provided with that treatment.

(2)  The person is entitled to treatment only under section 279 or 280 of the MRCA, and not under subsection 85(1) or (2) of this Act, for the original injury or disease during the period in which the person is provided with treatment for the aggravated injury or disease.

(3)  During this period, the treatment for the original injury or disease is taken to be treatment to which a person is entitled under Part 3 of Chapter 6 of the MRCA for the purposes of section 289 of that Act (compensable treatment) but not for the purposes of section 273 of that Act (compensation for those entitled to treatment).

85B  Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease

(1)  This section applies if:
      (a)  a person is entitled to treatment for a service injury or disease (within the meaning of the MRCA) under section 279 or 280 of the MRCA; and
     (b)  apart from this section, the person would also be eligible to be provided with treatment for a separate war‑caused or defence‑caused injury or disease under subsection 85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment under this Act for any injury or disease would continue to be provided with that treatment.

(2)  The person is entitled to treatment only under section 279 or 280 of the MRCA, and not under subsection 85(1) or (2) of this Act,for the war‑caused or defence‑caused injury or disease during the period in which the person is provided with treatment for the service injury or disease.

(3)  During this period, the treatment for the war‑caused or defence‑caused injury or disease is taken to be treatment to which a person is entitled under Part 3 of Chapter 6 of the MRCA for the purposes of section 289 of that Act (compensable treatment) but not for the purposes of section 273 of that Act (compensation for those entitled to treatment).

86  Dependants eligible to be provided with treatment

(1)  Where a determination under this Act is in force determining that the death of a veteran is war‑caused, a dependant of the deceased veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the dependant, whether before or after the commencement of this Act, from and including the date as from which a pension under Part II became payable to the dependant or would have become payable to the dependant but for the operation of subsection 13(7), 30(3), 30C(2) or (4) or 30D(1) or (3) of this Act or the dependant being in receipt of a pension under the Social Security Act.

(2)  Where:
      (a)  a deceased veteran was, immediately before the veteran’s death, in receipt of a pension under Part II at the rate specified in subsection 22(4) or 24(4) or (6) or at a rate that had been increased under section 27 by reason that the veteran’s pension was in respect of incapacity of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 in the table in subsection 27(1); or
      (b)  a pension has been granted under Part II, after the death of a veteran, in respect of the veteran at the rate specified in subsection 22(4) or 24(4) or (6) or at a rate that had been increased under section 27 by reason that the veteran’s pension was in respect of incapacity of a kind described in item 1, 2, 3, 4, 5, 6, 7 or 8 of the table in subsection 27(1); or
       (c)  a deceased veteran was, before the MRCA commencement date, a prisoner of war at a time when the veteran was on operational service;
a dependant of the deceased veteran is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the dependant, whether before or after the commencement of this subsection, from and including the day immediately following the day on which the veteran died.

(2A)  A reinstated pensioner is eligible to be provided with treatment under this Part for any injury suffered or disease contracted by the pensioner whether before or after the commencement of this Act. The pensioner is eligible from and including the date as from which a pension under Part II:
(a)  became payable to the pensioner; or
        (b)  would have become payable except for:
             (i)  the operation of subsection 30(3); or
              (ii)  the pensioner being in receipt of a pension under the Social Security Act.

(3)  A child of a deceased veteran who is in receipt of, is eligible to receive or would, but for subsection 13(7), be eligible to receive a pension under Part II by virtue of subsection 13(4) is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the child, whether before or after the commencement of this Act.

(4)  A child of a deceased veteran is eligible to be provided with treatment under subsection (3) from and including:
       (a)  subject to paragraph (b)—the day (in this subsection referred to as the relevant day) immediately following the day on which the veteran died; or
       (b)  if the Commission is satisfied that the child was then being maintained by a parent, adoptive parent or step‑parent, the earliest day after the relevant day as from which the Commission is satisfied that the child was not being so maintained.

(5)  Where the Commission is satisfied that a dependant of a veteran referred to in paragraph 85(9)(a) requires urgent treatment for an injury suffered, or disease contracted, by the dependant, whether before or after the commencement of this Act, the dependant is eligible to be provided with treatment under this Part for that injury or disease:
        (a)  at a hospital formerly operated and maintained by the Commission, if the Commission is satisfied that provision of the treatment will not affect the capacity of the person operating the hospital to provide treatment at that hospital for veterans eligible to be provided with treatment by virtue of subsection 85(1), (2), (3), (4), (5), (7) or (8) or dependants of veterans eligible to be provided with treatment by virtue of a preceding subsection of this section; or
        (b)  at a hospital in a country area of a State operated by that State, being a hospital in respect of which the Commission has entered into arrangements of a kind referred to in paragraph 89(1)(b); or
        (c)  at a hospital in a Territory, being a hospital operated by the Commonwealth or the Government of that Territory in respect of which the Commission has entered into arrangements of a kind referred to in paragraph 89(1)(b).

(6)  Where a dependant of a veteran has been provided with treatment at a hospital under subsection (5) for an injury or disease, the Commission may provide further treatment for the dependant for that injury or disease otherwise than at a hospital of a kind referred to in that subsection if it is of the opinion that that further treatment is desirable.

88A  Commission may determine specified veterans and others are eligible to be provided with specified treatment

(1)  The Commission may, by written determination, state the following:

     (a)  that a veteran included in a specified class is eligible to be provided with treatment of a specified kind under this Part;
      (b)  that a person who is the dependant of a veteran and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part;
      (c)  that a person who was the dependant of a veteran and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part;
      (d)  that a person who is not covered by paragraph (a), (b) or (c) and who is in a specified class is eligible to be provided with treatment of a specified kind under this Part.

Variation or revocation

(2)  The Commission may, by written determination, vary or revoke a determination under subsection (1).
Legislative instrument

(3)  A determination under this section is a legislative instrument.

89  Treatment at hospitals and other institutions

(1)  For the purposes of this Part, the Commission may:
      (a)  establish, operate and maintain hospitals or other institutions for the care and welfare of persons eligible to be provided with treatment under this Part;
      (b)  enter into arrangements with the appropriate authority of the Commonwealth, a State or a Territory for the provision, at a hospital or other institution operated by the Commonwealth, the State or the Government of the Territory, as the case may be, of care and welfare for persons eligible to be provided with treatment under this Part; and
      (c)  enter into arrangements with the body (other than an authority referred to in paragraph (b)) operating a hospital or other institution for the provision, at that hospital or institution, of care and welfare for persons eligible to be provided with treatment under this Part.

(2)  In subsection (1), a reference to a hospital or other institution is to be read as including a reference to a home, a hostel, a medical centre, an out‑patient clinic and a rehabilitation or training establishment.

90  Guide to the provision of treatment

(1)  The Commission may, from time to time, prepare a written document, to be known as the “Treatment Principles”, setting out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided under this Part for, or in respect of, eligible persons:
     (b)  at a hospital or other institution in respect of which the Commission has entered into arrangements under paragraph 89(1)(b) or (c); or
    (c)  otherwise under this Part.

(1A)  The Treatment Principles may also include provisions dealing with the following matters in relation to treatment to be provided to an eligible person:
     (a)  whether approval by the Commission of the treatment is 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 is given or begins to be given;
     (c)  where the treatment may be provided.

(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).

(2)  Without limiting the generality of subsection (1), a document referred to in that subsection may specify kinds or classes of treatment that will not be provided for, or in respect of, eligible persons under this Part, or will not be so provided at places, or in circumstances, specified or described in the document.

(3)  The provisions of the approved Treatment Principles are binding on the Commission in the exercise by it of its powers and discretions under this Part.

(4)  The Commission may, from time to time, by instrument in writing, vary or revoke the document prepared by it in accordance with subsection (1).

(5)  A document prepared by the Commission in accordance with subsection (1), and an instrument under subsection (4), have no force or effect unless and until approved by the Minister.

(6)  When a document prepared by the Commission in accordance with subsection (1), or an instrument under subsection (4) has been approved by the Minister, the Commission shall furnish copies of the document or instrument to the Minister and the Minister shall cause copies to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives those copies.

(7)  The Commission shall make copies of the approved Treatment Principles available upon application and payment of the prescribed fee (if any).

(8)  In this section eligible person means a person eligible under section 85, 86 or 88A to be provided with treatment.

90A  Determination etc. of Repatriation Private Patient Principles

(1)  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 is 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 the treatment may be provided.

(3)  The Commission may, in writing, vary or revoke the principles 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 is approved by the Minister under subsection (4) is a legislative instrument made by the Minister on the day on which he or she approves it.

(6)  Section 12 of the Legislation Act 2003 has effect in relation to an instrument referred to in subsection (5) as if a reference in that section to the day when the instrument is registered were a reference to the day on which the Minister approves it.

(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.

90B  Application of Repatriation Private Patient Principles

(1)  The Commission may, by notice published in the Gazette, declare that the Repatriation Private Patient Principles are to apply in relation to a specified State or Territory from a specified day.

(2)  If the Commission publishes a notice under subsection (1) declaring that the Repatriation Private Patient Principles are to apply in relation to a specified State or Territory from a specified day, then, on and after the specified day, for so long as the notice remains in force, the Repatriation Private Patient Principles are binding on the Commission in the exercise of its powers and discretions under this Part in relation to the provision of treatment in the State or Territory.

91  Pharmaceutical benefits

(1)  The Commission may, from time to time, by instrument in writing, prepare a scheme for the provision of pharmaceutical benefits to persons eligible to be provided with treatment under this Part.

(1A)  Without limiting the generality of subsection (1), an instrument under that subsection may specify classes of persons eligible to be provided with treatment under this Part for whom pharmaceutical benefits, or pharmaceutical benefits of a kind specified in the instrument or included in a class of pharmaceutical benefits so specified, will not be so provided or will not be so provided in circumstances specified or described in the instrument.

(2)  The Commission may, from time to time, by instrument in writing, vary or revoke an instrument prepared in accordance with subsection (1).

(3)  A scheme prepared by the Commission under subsection (1), and an instrument under subsection (2), have no force or effect unless and until approved by the Minister.

(4)  When an instrument prepared by the Commission in accordance with subsection (1), or an instrument under subsection (2), has been approved by the Minister, the Commission shall furnish copies of the instrument to the Minister and the Minister shall cause copies to be laid before each House of the Parliament within 15 sitting days of that House after the Minister receives those copies.

(5)  The Commission shall make copies of a scheme prepared in accordance with subsection (1) that has been approved by the Minister, and of any variations of such a scheme that have been so approved, available upon application and payment of the prescribed fee (if any).

(6)  Where the Pharmaceutical Benefits Remuneration Tribunal established under the National Health Act 1953 is holding, or proposes to hold, an inquiry under that Act to ascertain whether the Commonwealth price of all or any pharmaceutical benefits under that Act should be varied, the Minister may request that Tribunal to extend its inquiry to include the question whether the prices payable to pharmaceutical chemists in respect of the supply by them, in accordance with an approved scheme or a determination under paragraph 286(1)(c)of the MRCA, of pharmaceutical benefits of the kinds specified by the Minister in his or her request should be varied and, where such a request is made, the Tribunal shall comply with the request.

(7)  After completion of an inquiry referred to in subsection (6), the Pharmaceutical Benefits Remuneration Tribunal shall submit to the Minister:
      (a)  the recommendations of the Tribunal on the question the subject of the request made by the Minister under subsection (6); and
       (b)  where the Tribunal has submitted to the Minister administering Part VII of the National Health Act 1953 a report in connection with that inquiry—a copy of that report.

(8)  If the Pharmaceutical Benefits Remuneration Tribunal submits the recommendations and a copy of the report to the Minister:
      (a)  the Commission may prepare an instrument under subsection (2) varying the approved scheme; or
     (b)  the Military Rehabilitation and Compensation Commission may vary the determination under paragraph 286(1)(c) of the MRCA;
in any manner the relevant Commission considers desirable as a result of its consideration of the recommendations and the report.

(9)  In this section:
approved scheme means a scheme prepared under subsection (1) and approved by the Minister under subsection (3) or, if the scheme so approved has been varied by the Commission and the variation has been approved by the Minister, the scheme as so varied.
pharmaceutical benefits means drugs, medicinal preparations and other pharmaceutical items (including aids to treatment and dressings) for the treatment of sicknesses or injuries suffered by human beings.

92  Counselling services and psychiatric assessment

(1)  The Commission may, with the approval of the Minister, arrange for the provision of:
      (a)  counselling services for:
            (i)  veterans and dependants of veterans; and
(ii)  a person in a class in respect of which a determination under paragraph 88A(1)(c) has been made; and
           (iii)  a person included in a class of persons specified in an instrument under subsection (2); and
      (b)  psychiatric assessment of a person in a class in respect of which a determination under paragraph 88A(1)(b) or (c) has been made.

(2)  The Commission may, by legislative instrument, specify a class of persons for the purposes of subparagraph (1)(a)(iii).

93  Recovery of cost of treatment

(1)  In this section, compensation, in relation to a person who is being, or has been, provided with treatment by the Commission under this Part, means an amount that is by way of compensation or damages, or is, in the opinion of the Commission, in the nature of compensation or damages, in respect of the disease, disability or condition by reason of which that treatment is being, or has been, provided.

(2)  Where a person (in this section referred to as the patient) who is being, or has been, provided with treatment under this Part:
     (a)  has made a claim against another person for compensation, or may be, or may become, entitled to be paid compensation by another person, in relation to the disease, disability or condition by reason of which that treatment is being so provided, or has been so provided;
    (b)  is entitled, whether by virtue of an order of a court, a settlement of a claim for compensation or otherwise, to be so paid compensation by another person; or
   (c)  has been so paid compensation by another person, whether by virtue of an order of a court, a settlement of a claim for compensation or otherwise;
the Commission may cause to be served on the patient a notice in writing requiring the patient to pay for the treatment that has been provided for the patient under this Part before the date of service of the notice, and for any treatment that is provided for the patient under this Part at any time on or after that date, for or in relation to that disease, disability or condition and, upon service of the notice, the patient becomes, by force of this section, liable to pay to the Commonwealth an amount equal to the cost, or amounts aggregating the sum of the costs, as determined by the Commission, of and incidental to:
(d)  the treatment that has been so provided for the patient before the date of service of the notice; and
   (e)  any treatment that is so provided for the patient on or after that date.

 (3)  Where the patient is, in pursuance of subsection (2), liable to make payment to the Commonwealth for treatment provided by the Commission, the Commission may, by notice in writing served on a person (in this section referred to as the relevant person) who:
     (a)  may be, or may become, liable; or
    (b)  is liable;
to pay compensation to, or for the benefit of, the patient in respect of the disease, disability or condition by reason of which that treatment is being, or has been, provided, inform the relevant person that the patient is liable to make payment to the Commonwealth for treatment provided under this Part, whether before or after the service of the notice, for or in relation to that disease, disability or condition.

(4)  Where the relevant person on whom a notice has been served under subsection (3):
     (a)  is, when the notice is served on him or her, liable to pay compensation to or for the benefit of the patient to whom the notice relates in respect of the disease, disability or condition to which the notice relates; or
     (b)  becomes, after service of the notice, so liable to pay compensation;
the relevant person becomes liable, by virtue of this subsection, to pay to the Commonwealth:
      (c)  an amount equal to the cost of the treatment provided for the patient in respect of that disease, disability or condition under this Part that the patient is liable, or may become liable, under subsection (2) of this section to pay; or
      (d)  an amount equal to the amount of the compensation that the relevant person is liable, or becomes liable, so to pay;
whichever is the less.

(5)  Where, before a notice is served on the relevant person under subsection (3), the relevant person has paid to, or for the benefit of, the patient the whole of the compensation that the relevant person is liable to pay in respect of the disease, disability or condition to which the notice relates, the notice has no force or effect.

(6)  Where the relevant person is liable, or becomes liable, to pay an amount to the Commonwealth under subsection (4), the person shall not, without the permission of the Commission, pay the compensation, or any part of the compensation, to, or for the benefit of, the patient.

(7)  Payment to the Commonwealth of an amount that the relevant person is liable to pay to the Commonwealth under subsection (4) operates, to the extent of the payment, as a discharge to the relevant person of his or her liability to pay compensation to the person entitled to receive the compensation and as a discharge to that last‑mentioned person of his or her liability under subsection (2).

(8)  The Commonwealth may recover in a court of competent jurisdiction an amount that a person is liable to pay to the Commonwealth under subsection (2) or (4).

(9)  Where the Commission determines, in writing, the amount of the cost of, and incidental to, treatment provided under this Part for the patient during a specified period in respect of a disease, disability or condition in relation to which a notice has been served on the patient under subsection (2), the Commission may serve a notice on the patient containing a copy of that determination, or notices on the patient and the relevant person containing copies of that determination, and, if it does so, a copy so served is, for all purposes, prima facieevidence:
(a)  that the copy of that determination set out in the notice is a true copy of the determination of which it purports to be a copy;
     (b)  that that determination was duly made by the Commission; and
      (c)  that the amount specified in the determination is the amount that the patient is liable, by force of subsection (2), to pay to the Commonwealth as the cost of and incidental to the treatment provided for the patient under this Part during the period so specified for and in relation to that disease, disability or condition.

(10)  Service of a notice, or notices, under subsection (9) on a patient, or on a patient and the relevant person, in relation to the cost of the treatment provided by the Commission under this Part does not prevent the making of a further determination, and the service by the Commission of a further notice, or of further notices, under that subsection on the patient, or on the patient and the relevant person, in relation to the cost of other treatment provided by the Commission for the patient under this Part.

(11)  The reference in subsection (2) to another person shall be read as including a reference to the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory.

(12)  The reference in subsection (3) to a person (not being the patient) shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to pay compensation to, or for the benefit of, the patient against that liability.

93A  Charges payable to Commonwealth

(1)  In this section:
contributor, in relation to a private health insurer, means a person who is a holder (within the meaning of the Private Health Insurance Act 2007) of a complying health insurance policy (within the meaning of section 63‑10 of that Act) entered into with the insurer.
private health insurer has the same meaning as in the Private Health Insurance Act 2007.

(2)  Where:
      (a)  a person is provided with treatment under section 85 or 86;
      (b)  the person is a contributor to a fund conducted by a private health insurer; and
      (c)  the person will, in the opinion of the Commission, if the person pays or becomes liable to pay to the Commonwealth an amount in respect of the treatment, be entitled to receive an amount by way of benefit as such a contributor in respect of that treatment;
the Commission may, by notice in writing given to the person, request the person to pay to the Commonwealth in respect of the treatment an amount specified in the notice, being an amount ascertained in accordance with a scale of charges determined by the Commission by instrument in writing, and where the Commission gives such a notice to the person, the person is liable to pay to the Commonwealth the amount specified in the notice.

(3)  Where:
    (a)  a person is liable to pay an amount to the Commonwealth under subsection (2) in respect of treatment; and
    (b)  a private health insurer becomes liable to pay an amount by way of benefit to that person as a contributor in respect of that treatment;
the insurer is liable to pay the amount referred to in paragraph (b) to the Commonwealth, and payment of that amount to the Commonwealth operates as a discharge of that person’s liability under subsection (2) in respect of the treatment and as a discharge of the liability of the insurer to pay that amount to that person.

(4)  The Commonwealth may recover in a court of competent jurisdiction an amount that a private health insurer is liable to pay to the Commonwealth under subsection (3).

93B  False statements relating to treatment

(1)  A person shall not make, or authorise the making of, a statement (whether oral or in writing) that is:
       (a)  false or misleading in a material particular; and
       (b)  capable of being used in connection with a claim for payment for treatment provided under this Part.
Penalty:  20 penalty units.

(2)  Where:
       (a)  a person (in this subsection referred to as the principal) makes a statement (in this subsection referred to as the principal’s statement), whether oral or in writing, that is false or misleading in a material particular;
       (b)  the principal’s statement is capable of being used in connection with a claim for payment for treatment provided under this Part;
        (c)  the material particular in respect of which the principal’s statement is false or misleading is substantially based upon a statement (in this subsection referred to as the associate’s statement) made, either orally or in writing, to the principal or to the agent of the principal, by another person (in this subsection referred to as the associate) who is an employee or agent of the principal; and
        (d)  the associate’s statement is false or misleading in a material particular;
the associate commits an offence punishable on conviction by a fine not exceeding 20 penalty units.

(3)  In subsection (2), a reference to an employee of a person shall, in a case where the person is a corporation, be read as a reference to:
         (a)  a director, secretary, manager or employee of the corporation;
         (b)  a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
         (c)  a liquidator of the corporation appointed in a voluntary winding up.

(4)  Notwithstanding section 15B of the Crimes Act 1914, a prosecution for an offence under this section may be commenced at any time within 3 years after the commission of the offence.
(4A)  An offence under subsection (1) or (2) is an offence of strict liability.
Note:For strict liability, see section 6.1 of the Criminal Code.

(5)  It is a defence if a person charged with an offence under this section in relation to a statement made by the person did not know, and could not reasonably be expected to have known, that the statement was:
(a)  false or misleading in a material particular; or
     (b)  capable of being used in connection with a claim for payment for treatment provided under this Part.
Note: The defendant bears an evidential burden in relation to the matter in subsection (5). See subsection 13.3(3) of the Criminal Code.

(6)  In this section, a reference to making a statement includes a reference to issuing or presenting a document, and a reference to a statement shall be construed accordingly.

93C  Knowingly making false statements relating to treatment

(1)  A person shall not make, or authorise the making of, a statement, whether oral or in writing, if the person knows that the statement is:
      (a)  false or misleading in a material particular; and
      (b)  capable of being used in connection with a claim for payment for treatment provided under this Part.
Penalty:  Imprisonment for 5 years or 100 penalty units, or both.

(2)  Where:
      (a)  a person (in this subsection referred to as the principal) makes a statement (in this subsection referred to as the principal’s statement), whether oral or in writing, that is false or misleading in a material particular;
      (b)  the principal’s statement is capable of being used in connection with a claim for payment for treatment provided under this Part;
      (c)  the material particular in respect of which the principal’s statement is false or misleading is substantially based upon a statement (in this subsection referred to as the associate’s statement) made, either orally or in writing, to the principal or to an agent of the principal by another person (in this subsection referred to as the associate) who is an employee or agent of the principal;
      (d)  the associate knew that the associate’s statement was false or misleading in a material particular; and
      (e)  the associate knew, or had reasonable grounds to suspect, that the associate’s statement would be used in the preparation of a statement of the kind referred to in paragraph (b);
the associate commits an offence punishable on conviction by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units, or both.

(3)  In subsection (2), a reference to an employee of a person shall, in a case where that person is a corporation, be read as a reference to:
       (a)  a director, secretary, manager or employee of the corporation;
       (b)  a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
       (c)  a liquidator of the corporation appointed in a voluntary winding up.

(5)  In this section, a reference to making a statement includes a reference to issuing or presenting a document, and a reference to a statement shall be construed accordingly.

93D  Bribery etc.

(1)  In this section:

dental practitioner means a person registered or licensed as a dental practitioner or dentist under a law of a State or Territory that provides for the registration or licensing of dental practitioners or dentists.

eligible person means a person eligible under section 85 or 86 to be provided with treatment under this Part.

in‑patient, in relation to a private hospital, means a person who occupies a bed in the hospital.

medical practitioner means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.

officer, in relation to a corporation, includes:
(a)  a director, secretary, manager or employee of the corporation;
    (b)  a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; or
    (c)  a liquidator of the corporation appointed in a voluntary winding up.

pathology service means a procedure of a kind described in an item in the table of pathology services prescribed by regulations made for the purposes of subsection 4A(1) of the Health Insurance Act 1973.

patient means an eligible person who is provided with treatment under this Part.

practitioner means:
      (a)  a medical practitioner; or
      (b)  a dental practitioner.

private hospital means premises that are a private hospital for the purposes of section 3 of the Health Insurance Act 1973.

proprietor means:
       (a)  in relation to premises—the person, authority or body of persons having effective control of the premises, whether or not that person, authority or body is the holder of an estate or interest in the premises; and
       (b)  in relation to a private hospital—the proprietor (within the meaning of paragraph (a)) of the premises occupied by the hospital.

(2)  A person who:
       (a)  being a person who renders pathology services, carries on the business of rendering pathology services or is a proprietor of premises at which pathology services are rendered, directly or indirectly offers any inducement (whether by way of money, property or other benefit or advantage), or threatens any detriment or disadvantage:
             (i)  to a practitioner as defined in subsection (1) in order to encourage the practitioner to request the rendering of a pathology service or of pathology services; or
            (ii)  to a person (other than a practitioner as defined in subsection (1)) in order to encourage such a practitioner to request the rendering of a pathology service or of pathology services;
      (b)  being a person who renders pathology services, carries on the business of rendering pathology services or is a proprietor of premises at which pathology services are rendered:
              (i)  directly or indirectly invites a practitioner as defined in subsection (1) to request the rendering of a pathology service or of pathology services; or
             (ii)  does any act or thing that the person knows, or ought reasonably to know, is likely to have the effect of directly or indirectly encouraging a practitioner as defined in subsection (1) to request the rendering of a pathology service or of pathology services; or
    (c)  being a practitioner as defined in subsection (1) who provides treatment for eligible persons under this Part, asks, receives or obtains, or agrees to receive or obtain, any property, benefit or advantage of any kind for himself or herself, or for any other person, from a person carrying on the business of rendering pathology services or from a person acting on behalf of a person carrying on such a business;

commits an offence against this section.

(3)  In subsection (2):
      (a)  a reference to requesting the rendering of a pathology service shall be read as a reference to requesting the rendering of a pathology service or of pathology services for a person who is eligible to be provided with that service or those services under this Part;
      (b)  a reference to requesting the rendering of pathology services shall be read as a reference to requesting the rendering of pathology services for persons who are eligible to be provided with those services under this Part; and
      (c)  a reference to a person carrying on the business of rendering pathology services shall be read as a reference to a person who carries on a business in the course of which any pathology services are rendered.

(4)  A person who, being a practitioner as defined in subsection (1), asks, receives or obtains, or agrees to receive or obtain, any property, benefit or advantage of any kind for himself or herself or for any other person from a proprietor of a private hospital or from a person acting on behalf of such a proprietor on the understanding that the first‑mentioned person will, in any manner, do any act or thing the purpose of which is, or the effect of which will be, to enable an eligible person to be admitted as an in‑patient in the hospital for treatment that the person is eligible to be provided with under this Part, commits an offence against this section.

(5)  A person who, being a proprietor or one of the proprietors of a private hospital or a person acting on behalf of such a proprietor, in order to influence or affect a practitioner as defined in subsection (1) in the doing of any act or thing the purpose of which is, or the effect of which will be, to enable an eligible person to be admitted as an in‑patient in the hospital for treatment that the person is eligible to be provided with under this Part, gives or confers, or agrees to give or confer, to or on the practitioner or any other person any property, benefit or advantage of any kind, commits an offence against this section.

(6)  Where an offence against this section is committed by a corporation, an officer of the corporation who intentionally authorised or permitted the commission of the offence commits an offence against this section.

(8)  A person who is convicted of an offence against this section is punishable by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units.

(9)  In a prosecution of a person for an offence against this section, it is a defence if the person proves that the conduct in question was in accordance with the standards of professional conduct generally accepted by medical practitioners.

(9A)  Paragraph (2)(c), and subsections (4) and (5), do not apply if the person concerned has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (9A). See subsection 13.3(3) of the Criminal Code.

(10)  Where a person is convicted of an offence against this section by virtue of subsection (4) or (5) in relation to the admission of a person as an in‑patient in a hospital, the court may, in addition to imposing a penalty in respect of the offence, order the person to pay to the Commonwealth an amount equal to the sum of any amounts paid by the Commonwealth in respect of treatment provided under this Part for the in‑patient of the private hospital concerned.

93E  Prohibited practices in relation to the rendering of pathology services

(1)  An approved pathology practitioner who accedes to a request from a practitioner as defined in subsection 93D(1) (in this subsection referred to as the requesting practitioner) to provide pathology services to an eligible person, being services that the person is eligible to be provided with under this Part, shall not make a payment, directly or indirectly, to the requesting practitioner for the services provided by the requesting practitioner to that eligible person in connection with the making of that request and, in particular, shall not make a payment, directly or indirectly, to the requesting practitioner in respect of any use of the staff of the requesting practitioner to achieve the result of taking pathology specimens from that eligible person.

(2)  Where an approved pathology practitioner has entered into an arrangement with a practitioner as defined in subsection 93D(1) under which there are shared between the 2 practitioners the cost to them of employing staff or of buying, renting or maintaining items of equipment, whether or not the arrangement involves the payment of money or the provision of other consideration, the approved pathology practitioner shall not, during the period when that arrangement is in force, accede to a request from that other practitioner to provide pathology services to an eligible person, being services that the eligible person is eligible to be provided with under this Part.

(3)  An approved pathology practitioner shall not provide, at the premises of a practitioner as defined in subsection 93D(1), nursing or other staff to take pathology specimens for use in rendering pathology services from eligible persons who are eligible to be provided with those services under this Part, whether the staff is stationed on those premises full‑time or part‑time or visits those premises from time to time.

(4)  Where:
      (a)  there is in force between an approved pathology practitioner and another practitioner, being a practitioner as defined in subsection 93D(1), an arrangement under which:
            (i)  the 2 practitioners share a particular space in a building; or
           (ii)  one practitioner provides space in a building for the use or occupation of the other practitioner or permits the other practitioner to use or occupy space in a building; and

      (b)  the charges payable under the arrangement are not charges fixed at normal commercial rates;
the approved pathology practitioner shall not, during the period when that arrangement is in force, accede to a request from the other practitioner to provide pathology services to an eligible person who is eligible to be provided with those services under this Part.

(5)  A person who contravenes subsection (1), (2), (3) or (4) commits an offence against this section.

(6)  Where an offence against this section is committed by a corporation, an officer of the corporation who intentionally authorised or permitted the commission of the offence commits an offence against this section.

(8)  A person who is convicted of an offence against this section is punishable by imprisonment for a period not exceeding 5 years or a fine not exceeding 100 penalty units.

(9)  In this section:

approved pathology practitioner means:
(a)  an approved pathology practitioner (within the meaning of the Health Insurance Act 1973); or
(b)  an approved pathology authority (within the meaning of that Act) (other than a State, the Northern Territory or a public authority within the meaning of section 23DF of that Act).

eligible person, officer and pathology service have the same respective meanings as they have in section 93D.

93F  Offences against 2 or more provisions

(1)  Where the act or omission of a person is an offence against a provision of this Act and is also an offence against another provision of this Act, the person may be prosecuted and convicted for either of those offences, but the person is not liable to be punished more than once in respect of the same act or omission.

(2)  A reference in subsection (1) to an offence against a provision of this Act includes a reference to an offence against:
(a)  section 6 of the Crimes Act 1914; or
      (b)  section 11.1, 11.4 or 11.5 of the Criminal Code;
that relates to an offence against a provision of this Act.

93G  Statements inadmissible in evidence

(1)  Where a person who has provided treatment for an eligible person under this Part (in this subsection referred to as the provider of the treatment) has been counselled by an officer of the Department with respect to the provision of treatment to eligible persons under this Part, a statement made by the provider of the treatment in the course of the counselling is inadmissible as evidence against the provider of the treatment in proceedings for the prosecution of the provider of the treatment for a relevant offence unless:
(a)  the provider of the treatment has consented to the admission of the statement as evidence in the proceedings; or
(b)  evidence of the statement is adduced to refute evidence of another statement made by the provider of the treatment in the course of being so counselled, where evidence of that other statement has been admitted in the proceedings on behalf of the provider of the treatment.

(2)  In subsection (1), relevant offencemeans:
     (a)  an offence against section 93B, 93C, 93D or 93E of this Act; or
     (b)  an offence against:
           (i)  section 6 of the Crimes Act 1914; or
           (ii)  section 11.1, 11.4 or 11.5 of the Criminal Code;
                that relates to an offence referred to in paragraph (a) of this subsection.

93H  Recovery of amounts paid because of false statements

(1)  Where, as a result of the making of a false or misleading statement, an amount paid, purportedly by way of payment for treatment provided under this Part for an eligible person, exceeds the amount (if any) that should have been paid, the amount of the excess is recoverable as a debt due to the Commonwealth from the person by or on behalf of whom the statement was made, or from the estate of that person, whether or not the amount was paid to that person and whether or not any person has been convicted of an offence in relation to the making of the statement.

(2)  Where:
      (a)  an amount (in this subsection referred to as the principal sum) is recoverable as a debt due to the Commonwealth from a person, or from an estate, under subsection (1);
      (b)  the Commission has served a notice on the person, or on the estate, as the case may be, claiming the amount as a debt due to the Commonwealth; and
      (c)  either of the following conditions is satisfied:
            (i)  an arrangement has been entered into between the Commission and the person or the estate, as the case may be, within a period of 3 months following the service of the notice or such longer period as the Commission allows (which period or longer period is in this section referred to as the relevant period), being an arrangement for the repayment of the principal sum, and default has been made (whether before or after the end of the relevant period) in the payment of an amount as required by the arrangement; or
(ii)  at the end of the relevant period, such an arrangement has not been entered into and all or part of the principal sum remains unpaid;
then, from the day after the end of the relevant period, interest, at the rate prescribed from time to time for the purposes of subsection 129AC(2) of the Health Insurance Act 1973, becomes payable on so much of the principal sum as from time to time remains unpaid, and the interest so payable is recoverable as a debt due to the Commonwealth from the person, or from the estate, as the case may be.

(3)  Notwithstanding subsection (2), in any proceedings instituted by the Commonwealth for the recovery of an amount due under subsection (2), the court may order that the interest payable under that subsection shall be, and shall be deemed to have been, so payable from a day later than the day referred to in that subsection.

(4)  Notwithstanding any other provision of this Act, where an amount paid to a person, purportedly by way of payment for treatment provided for an eligible person under this Part, exceeds the amount (if any) that should have been paid to that person (which excess is referred to in this subsection as the excess amount), the Commission may, if the person so agrees, reduce the amount of any payment that subsequently becomes payable to that person under this Act by an amount not exceeding the amount by which the sum of the excess amount and any excess amounts previously paid to that person is greater than the sum of any amounts recovered by the Commission by one or more previous applications of this subsection or under subsection (1).

93J  Prosecution of offences

(1)  Subject to subsection (2), an offence against section 93C, 93D or 93E is an indictable offence.

(2)  A court of summary jurisdiction may hear and determine proceedings in respect of an offence referred to in subsection (1) if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(3)  Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence referred to in that subsection, the penalty that the court may impose is imprisonment for a period not exceeding 6 months or a fine not exceeding 10 penalty units.

———————————————-

Volume 3

Part VIII—General provisions applicable to pensions etc.

  (no division) – Sections 119-132A

120  Standard of proof

(1)  Where a claim under Part II for a pension in respect of the incapacity from injury or disease of a veteran, or of the death of a veteran, relates to the operational service rendered by the veteran, the Commission shall determine that the injury was a war‑caused injury, that the disease was a war‑caused disease or that the death of the veteran was war‑caused, as the case may be, unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making that determination.
Note: This subsection is affected by section 120A.

(2)  Where a claim under Part IV:
      (a)  in respect of the incapacity from injury or disease of a member of a Peacekeeping Force or of the death of such a member relates to the peacekeeping service rendered by the member; or
(b)  in respect of the incapacity from injury or disease of a member of the Forces, or of the death of such a member, relates to the hazardous service rendered by the member; or
(c)  in respect of the incapacity from injury or disease of a member of the Forces, or of the death of such a member, relates to British nuclear test defence service rendered by the member;

the Commission shall determine that the injury was a defence‑caused injury, that the disease was a defence‑caused disease or that the death of the member was defence‑caused, as the case may be, unless it is satisfied, beyond reasonable doubt, that there is no sufficient ground for making that determination.

Note 1: For member of a Peacekeeping Force, peacekeeping service, member of the Forces, hazardous service and British nuclear test defence service see subsection 5Q(1A).

Note 2: This subsection is affected by section 120A.

(3)  In applying subsection (1) or (2) in respect of the incapacity of a person from injury or disease, or in respect of the death of a person, related to service rendered by the person, the Commission shall be satisfied, beyond reasonable doubt, that there is no sufficient ground for determining:
(a)  that the injury was a war‑caused injury or a defence‑caused injury;
      (b)  that the disease was a war‑caused disease or a defence‑caused disease; or
      (c)  that the death was war‑caused or defence‑caused;
as the case may be, if the Commission, after consideration of the whole of the material before it, is of the opinion that the material before it does not raise a reasonable hypothesis connecting the injury, disease or death with the circumstances of the particular service rendered by the person.

Note:  This subsection is affected by section 120A.

(4)  Except in making a determination to which subsection (1) or (2) applies, the Commission shall, in making any determination or decision in respect of a matter arising under this Act or the regulations, including the assessment or re‑assessment of the rate of a pension granted under Part II or Part IV, decide the matter to its reasonable satisfaction.

Note: This subsection is affected by section 120B.

(5)  Nothing in the provisions of this section, or in any other provision of this Act, shall entitle the Commission to presume that:
(a)  an injury suffered by a person is a war‑caused injury or a defence‑caused injury;
      (b)  a disease contracted by a person is a war‑caused disease or a defence‑caused disease;
      (c)  the death of a person is war‑caused or defence‑caused; or
      (d)  a claimant or applicant is entitled to be granted a pension, allowance or other benefit under this Act.

(6)  Nothing in the provisions of this section, or in any other provision of this Act, shall be taken to impose on:
      (a)  a claimant or applicant for a pension or increased pension, or for an allowance or other benefit, under this Act; or
     (b)  the Commonwealth, the Department or any other person in relation to such a claim or application;
any onus of proving any matter that is, or might be, relevant to the determination of the claim or application.

(7)  In this section:
hazardous service means service in the Defence Force, before the MRCA commencement date, that is of a kind determined in writing by the Minister administering section 1 of the Defence Act 1903 to be hazardous service for the purposes of this section.

120A  Reasonableness of hypothesis to be assessed by reference to Statement of Principles

(1)  This section applies to any of the following claims made on or after 1 June 1994:
       (a)  a claim under Part II that relates to the operational service rendered by a veteran;
       (b)  a claim under Part IV that relates to:
             (i)  the peacekeeping service rendered by a member of a Peacekeeping Force; or
            (ii)  the hazardous service rendered by a member of the Forces; or
(iii)  the British nuclear test defence service rendered by a member of the Forces.

Note 1: Subsections 120(1), (2) and (3) are relevant to these claims.

Note 2: For peacekeeping service, member of a Peacekeeping Force, hazardous service, member of the Forces and British nuclear test defence servicesee subsection 5Q(1A).

(2)  If the Repatriation Medical Authority has given notice under section 196G that it intends to carry out an investigation in respect of a particular kind of injury, disease or death, the Commission is not to determine a claim in respect of the incapacity of a person from an injury or disease of that kind, or in respect of a death of that kind, unless or until the Authority:
(a)  has determined a Statement of Principles under subsection 196B(2) in respect of that kind of injury, disease or death; or
(b)  has declared that it does not propose to make such a Statement of Principles.

(3)  For the purposes of subsection 120(3), a hypothesis connecting an injury suffered by a person, a disease contracted by a person or the death of a person with the circumstances of any particular service rendered by the person is reasonable only if there is in force:
(a)  a Statement of Principles determined under subsection 196B(2) or (11); or
(b)  a determination of the Commission under subsection 180A(2);

that upholds the hypothesis.

Note:  See subsection (4) about the application of this subsection.

(4)  Subsection (3) does not apply in relation to a claim in respect of the incapacity from injury or disease, or the death, of a person if the Authority has neither determined a Statement of Principles under subsection 196B(2), nor declared that it does not propose to make such a Statement of Principles, in respect of:
      (a)  the kind of injury suffered by the person; or
      (b)  the kind of disease contracted by the person; or
      (c)  the kind of death met by the person;

as the case may be.

120B  Reasonable satisfaction to be assessed in certain cases by reference to Statement of Principles

(1)  This section applies to any of the following claims made on or after 1 June 1994:
       (a)  a claim under Part II that relates to the eligible war service (other than operational service) rendered by a veteran;
      (b)  a claim under Part IV that relates to the defence service (other than hazardous service and British nuclear test defence service) rendered by a member of the Forces.

Note 1:      Subsection 120(4) is relevant to these claims.
Note 2:      For hazardous service, member of the Forces and British nuclear test defence service see subsection 5Q(1A).

(2)  If the Repatriation Medical Authority has given notice under section 196G that it intends to carry out an investigation in respect of a particular kind of injury, disease or death, the Commission is not to determine a claim in respect of the incapacity of a person from an injury or disease of that kind, or in respect of a death of that kind, unless or until the Authority:
      (a)  has determined a Statement of Principles under subsection 196B(3) in respect of that kind of injury, disease or death; or
      (b)  has declared that it does not propose to make such a Statement of Principles.

(3)  In applying subsection 120(4) to determine a claim, the Commission is to be reasonably satisfied that an injury suffered by a person, a disease contracted by a person or the death of a person was war‑caused or defence‑caused only if:
       (a)  the material before the Commission raises a connection between the injury, disease or death of the person and some particular service rendered by the person; and
       (b)  there is in force:
              (i)  a Statement of Principles determined under subsection 196B(3) or (12); or
             (ii)  a determination of the Commission under subsection 180A(3);
that upholds the contention that the injury, disease or death of the person is, on the balance of probabilities, connected with that service.

(4)  Subsection (3) does not apply in relation to a claim in respect of the incapacity from injury or disease, or the death, of a person if the Authority has neither determined a Statement of Principles under subsection 196B(3), nor declared that it does not propose to make such a Statement of Principles, in respect of:
      (a)  the kind of injury suffered by the person; or
      (b)  the kind of disease contracted by the person; or
      (c)  the kind of death met by the person;

as the case may be.

———————————————-

Part XI—The Repatriation Commission

– Divisions 1-3 = Sections 179-196

180A  Determination by Commission

(1)  If:
      (a)  the Repatriation Medical Authority has determined, or has declared that it does not propose to make or amend, a Statement of Principles in respect of a particular kind of injury, disease or death (see section 196B); and
      (b)  the Commission is of the opinion that, because the Statement of Principles is in force, or because of the decision by the Authority not to make or amend the Statement of Principles:
            (i)  claims for pensions in respect of incapacity from injury or disease of that kind made by veterans, members of the Forces, or members of a Peacekeeping Force, of a particular class; or
           (ii)  claims for pensions made by dependants of those veterans or members in respect of the death of such a veteran or member;
                 cannot succeed; and
      (c)  the Commission is also of the opinion that, in all the circumstances of the case, those veterans, members or their dependants should receive a pension;

the Commission may, in its discretion, make a determination in respect of that kind of injury, disease or death under subsection (2) or (3), or determinations under both subsections (as the case requires).

Note: For member of the Forces and member of a Peacekeeping Force see subsection 5Q(1A).

(2)  A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
      (a)  state that it has effect only in relation to the class of veterans, members of the Forces, or members of a Peacekeeping Force referred to in subparagraph (1)(b)(i); and
      (b)  state that it applies only in respect of claims relating to:
            (i)  operational service rendered by a veteran; or
           (ii)  peacekeeping service rendered by a member of a Peacekeeping Force; or
           (iii)  hazardous service rendered by a member of the Forces; or
           (iv)  British nuclear test defence service rendered by a member of the Forces; and
       (c)  set out:
            (i)  the factors that must as a minimum exist; and
           (ii)  which of those factors must be related to service rendered by a person;
before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1: For peacekeeping service, member of a Peacekeeping Force, hazardous service, member of the Forces and British nuclear test defence service see subsection 5Q(1A).

Note 2: For factor related to service see subsection (7).

(3)  A determination under this subsection in respect of a particular kind of injury, disease or death must be by legislative instrument and must:
     (a)  state that it has effect only in relation to the class of veterans or members of the Forces referred to in subparagraph (1)(b)(i); and
     (b)  state that it applies only in respect of claims relating to:
           (i)  eligible war service (other than operational service) rendered by a veteran; or
          (ii)  defence service (other than hazardous service and British nuclear test defence service) rendered by a member of the Forces; and
      (c)  set out:
            (i)  the factors that must exist; and
           (ii)  which of those factors must be related to service rendered by a person;
before it can be said, on the balance of probabilities, that an injury, disease or death of that kind is connected with the circumstances of that service.

Note 1: For defence service, hazardous service, British nuclear test defence service and member of the Forces see subsection 5Q(1A).
Note 2: For factor related to service see subsection (7).

(5)  While there is in force under subsection (2) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under subsection 196B(2) in respect of that kind of injury, disease or death does not apply in respect of any veteran, member of the Forces, member of any Peacekeeping Force or dependant in relation to whom the determination has effect.

(6)  While there is in force under subsection (3) a determination in respect of a particular kind of injury, disease or death, any Statement of Principles in force under subsection 196B(3) in respect of that kind of injury, disease or death does not apply in respect of any veteran or member of the Forces or dependant in relation to whom the determination has effect.

(7)  A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:
      (a)  it resulted from an occurrence that happened while the person was rendering that service; or
      (b)  it arose out of, or was attributable to, that service; or
     (c)  it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
           (i)  to a place for the purpose of performing duty; or
          (ii)  away from a place of duty upon having ceased to perform duty; or
     (d)  it was contributed to in a material degree by, or was aggravated by, that service; or
(e)  in the case of a factor causing, or contributing to, an injury—it resulted from an accident that would not have occurred:
           (i)  but for the rendering of that service by the person; or
          (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or
      (f)  in the case of a factor causing, or contributing to, a disease—it would not have occurred:
           (i)  but for the rendering of that service by the person; or
          (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or
      (g)  in the case of a factor causing, or contributing to, the death of a person—it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
           (i)  but for the rendering of that service by the person; or
          (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service.

———————————————-

Part XIA—The Repatriation Medical Authority

– Divisions 1-3 = Sections 196A-196U

196B  Functions of Authority

(1)  This section sets out the functions of the Repatriation Medical Authority. The main function of the Authority is to determine Statements of Principles for the purposes of this Act and the MRCA.

Determination of Statement of Principles

(2)  If the Authority is of the view that there is sound medical‑scientific evidence that indicates that a particular kind of injury, disease or death can be related to:
      (a)  operational service rendered by veterans; or
      (b)  peacekeeping service rendered by members of Peacekeeping Forces; or
      (c)  hazardous service rendered by members of the Forces; or
  (caa)  British nuclear test defence service rendered by members of the Forces; or
    (ca)  warlike or non‑warlike service rendered by members;
the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:
(d)  the factors that must as a minimum exist; and
(e)  which of those factors must be related to service rendered by a person;
before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1: For sound medical‑scientific evidence see subsection 5AB(2).
Note 2: For peacekeeping service, member of a Peacekeeping Force, hazardous service, member of the Forces and British nuclear test defence service referred to in paragraphs (2)(b), (c) and (caa), see subsection 5Q(1A).
Note 2A:For warlike service, non‑warlike service and membersreferred to in paragraph (2)(ca), see section 196KA. (These definitions are for the purposes of the MRCA.)
Note 3: For factor related to servicesee subsection (14).

(3)  If the Authority is of the view that on the sound medical‑scientific evidence available it is more probable than not that a particular kind of injury, disease or death can be related to:
     (a)  eligible war service (other than operational service) rendered by veterans; or
     (b)  defence service (other than hazardous service and British nuclear test defence service) rendered by members of the Forces; or
   (ba)  peacetime service rendered by members;
the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out:
(c)  the factors that must exist; and
   (d)  which of those factors must be related to service rendered by a person;
before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.

Note 1: For sound medical‑scientific evidencesee subsection 5AB(2).
Note 2: For defence service, hazardous service, British nuclear test defence service and member of the Forces referred to in paragraph (3)(b), see subsection 5Q(1A).
Note 2A: For peacetime serviceand membersreferred to in paragraph (3)(ba), see section 196KA. (These definitions are for the purposes of the MRCA.)
Note 3: For factor related to service see subsection (14).

(3A) The Authority may determine a Statement of Principles under subsection (2) or (3) for the purposes of this Act, the MRCA, or both Acts.

Investigation

(4)  If the Authority:
     (a)  receives a request under section 196E to carry out an investigation in respect of a particular kind of injury, disease or death; or
     (b)  of its own initiative, decides that a particular kind of injury, disease or death ought to be investigated for the purposes of this Act, or the MRCA, to find out whether a Statement of Principles may be determined in respect of it;
the Authority must carry out an investigation to obtain information that would enable the Authority to establish:
     (c)  how the injury may be suffered or sustained, the disease may be contracted or the death may occur; and
    (d)  the extent (if any) to which:
          (i)  the injury, disease or death may be war‑caused or defence‑caused; or
         (ii)  the injury, disease or death may be a service injury, a service disease or a service death.

Note 1:  For war‑caused see sections 8 and 9.
Note 2:  For defence‑caused see section 69.
Note 3:  For service injury, service disease and service death see section 196KA. (These definitions are for the purposes of the MRCA.)

(5)  If, after carrying out the investigation, the Authority is of the view that there is sound medical‑scientific evidence on which it can rely to determine a Statement of Principles under subsection (2) or (3), in respect of that kind of injury, disease or death, the Authority must do so as soon as practicable.

Note: This subsection does not mean that the Authority must carry out an investigation before it can determine a Statement of Principles under subsection (2) or (3).

(6)  If, after carrying out the investigation, the Authority is of the view:
     (a)  that there is no sound medical‑scientific evidence on which it can rely to determine a Statement of Principles under subsection (2) or (3) in respect of that kind of injury, disease or death; or
     (b)  that the sound medical‑scientific evidence on which it can rely is insufficient to allow it to do so;

the Authority must make a declaration in writing:
(c)  stating that it does not propose to make a Statement of Principles; and
     (d)  giving the reasons for its decision.

Subsequent investigation and review of determinations concerning Statement of Principles

(7)  If the Authority:
      (a)  is asked under section 196E to review:
            (i)  some or all of the contents of a Statement of Principles; or
            (ii)  a decision of the Authority not to make a Statement of Principles in respect of a particular kind of injury, disease or death; or
(b)  thinks that there are grounds for such a review; or
      (c)  is directed by the Review Council under subsection 196W(7) to carry out an investigation in respect of a particular kind of injury, disease or death;
the Authority must, subject to subsection 196C(4) and section 196CA in a case where paragraph (a) applies, carry out an investigation to find out if there is new information available about:
       (d)  how the injury may be suffered or sustained, the disease may be contracted or the death may occur; or
       (e)  the extent (if any)to which:
             (i)  the injury, disease or death may be war‑caused or defence‑caused; or
            (ii)  the injury, disease or death may be a service injury, a service disease or a service death.

Note 1: For war‑caused see sections 8 and 9.
Note 2: For defence‑caused see section 69.
Note 3: For service injury, service disease and service death see section 196KA. (These definitions are for the purposes of the MRCA.)

(7A)  If the investigation:
       (a)  relates to a request under section 196E to review some of the contents of a Statement of Principles; or
       (b)  is one to which paragraph (7)(b) applies and that relates to some of the contents of a Statement of Principles; or
      (c)  is carried out because of a direction under subsection 196W(7) by the Review Council following a request to the Council under section 196Z to review the Authority’s refusal to carry out an investigation relating to a request under section 196E to review some of the contents of a Statement of Principles;

the Authority may limit its investigation to matters relating to those contents.

Note: For Review Council see subsection 5AB(1).

(8)  If, after carrying out the investigation, the Authority is of the view that there is a new body of sound medical‑scientific evidence available that, together with the sound medical‑scientific evidence previously considered by the Authority, justifies the making of a Statement of Principles, or an amendment of the Statement of Principles already determined, in respect of that kind of injury, disease or death, the Authority must:
      (a)  determine a Statement of Principles in respect of that kind of injury, disease or death under subsection (2) or (3); or
      (b)  make a determination amending the Statement of Principles determined under subsection (2) or (3) in respect of that kind of injury, disease or death; or
      (c)  make a determination revoking the Statement of Principles determined under subsection (2) or (3), and determine a new Statement of Principles under subsection (2) or (3) in respect of that kind of injury, disease or death;

as the case requires.

Note: For sound medical‑scientific evidence see subsection 5AB(2).

(9)  If, after carrying out the investigation, the Authority is of the view:
     (a)  that there is no new sound medical‑scientific evidence about that kind of injury, disease or death; or
     (b)  that the new sound medical‑scientific evidence available is not sufficient to justify the making of a Statement of Principles, or an amendment of the Statement of Principles already determined in respect of that kind of injury, disease or death;
the Authority must make a declaration in writing:
      (c)  stating that it does not propose to make a Statement of Principles, or amend the Statement of Principles already determined (as the case may be); and
      (d)  giving the reasons for its decision.

(10)  If the Review Council has, by a decision notified in the Gazette, directed the Authority to amend a Statement of Principles in respect of a particular kind of injury, disease or death, the Authority must make a determination amending the Statement of Principles determined in respect of that kind of injury, disease or death in accordance with the directions of the Council.

(11)  If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection 196B(2) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette, directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Council:
(a)  the factors that must as a minimum exist; and
      (b)  which of those factors must be related to service rendered by a person;
before it can be said that a reasonable hypothesis has been raised connecting an injury, disease or death of that kind with the circumstances of that service.

Note 1: For factor related to service see subsection (14).
Note 2: The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Council (see subsection 196W(4A)).

(12)  If, after reviewing a decision of the Authority not to determine a Statement of Principles under subsection 196B(3) in respect of a particular kind of injury, disease or death, the Review Council has, by a decision notified in the Gazette, directed the Authority to make such a Statement of Principles, the Authority must determine a Statement of Principles in respect of that kind of injury, disease or death setting out, in accordance with the directions of the Council:
(a)  the factors that must exist; and
    (b)  which of those factors must be related to service rendered by a person;
before it can be said that, on the balance of probabilities, an injury, disease or death of that kind is connected with the circumstances of that service.

Note 1:      For factor related to service see subsection (14).
Note 2:      The Statement of Principles may be determined for the purposes of this Act, the MRCA, or both Acts, in accordance with the directions of the Council (see subsection 196W(4A)).

(13)  A determination under subsection (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection (11) or (12) is taken to have commenced on the day on which the decision of the Review Council was notified in the Gazette. The determination or Statement of Principles must specify that day.

(13AA)  Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination under subsection (10) of this section amending a Statement of Principles, or a Statement of Principles under subsection (11) or (12).

(13A)  A determination under this section:
          (a)  must be in writing; and
          (b)  is a legislative instrument.

(14)  A factor causing, or contributing to, an injury, disease or death is related to service rendered by a person if:
           (a)  it resulted from an occurrence that happened while the person was rendering that service; or
           (b)  it arose out of, or was attributable to, that service; or
           (c)  it resulted from an accident that occurred while the person was travelling, while rendering that service but otherwise than in the course of duty, on a journey:
(i)  to a place for the purpose of performing duty; or
          (ii)  away from a place of duty upon having ceased to perform duty; or
           (d)  it was contributed to in a material degree by, or was aggravated by, that service;
            (e)  in the case of a factor causing, or contributing to, an injury—it resulted from an accident that would not have occurred:
               (i)  but for the rendering of that service by the person; or
              (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or
             (f)  in the case of a factor causing, or contributing to, a disease—it would not have occurred:
                 (i)  but for the rendering of that service by the person; or
                 (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service; or
             (g)  in the case of a factor causing, or contributing to, the death of a person—it was due to an accident that would not have occurred, or to a disease that would not have been contracted:
               (i)  but for the rendering of that service by the person; or
                 (ii)  but for changes in the person’s environment consequent upon his or her having rendered that service.

———————————————-

Volume 4

Endnote 3—Legislation history

(a) *Veterans’ Affairs Legislation Amendment (Participants in British Nuclear Tests) Act 2011

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
as amended by
Veterans’ Affairs Legislation Amendment (Participants in British Nuclear Tests) Act 2011	169, 2011	4 Dec 2011	Sch 1 (items 7–11): 4 Dec 2011 (s 2)	Sch 1 (item 11)