Veterans' Entitlements Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 79Y — Withdrawal of request for review
(1) A person who requests a review under section 79T may withdraw the request at any time before it is determined by the Commission. (2) To withdraw the request, the person must give written notice…
Section 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…
Section 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…
Section 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…
Section 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…
Section 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 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 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…
Section 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;…
Section 88B — Provision of services under the Veteran Suicide Prevention pilot
(1) A person is eligible to be provided with treatment under this Part, being treatment that is the provision of services under the program established by the Commonwealth and known as the Veteran…
Section 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…
Section 90 — Treatment Principles
(1) The Commission may, in writing, determine principles setting out circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of…
Section 90A — 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.…
Section 90AA — Provision of services under the Coordinated Veterans’ Care mental health pilot
(1) Despite section 90, a person is entitled to services under the program established by the Commonwealth and known as the Coordinated Veterans’ Care mental health pilot only if: (a) the person is…
Section 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.…
Section 91 — Repatriation Pharmaceutical Benefits Scheme
(1) The Commission may, in writing, determine a scheme for the provision of pharmaceutical benefits to persons eligible to be provided with treatment under this Part. Note: For pharmaceutical…
Section 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…
Section 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…
Section 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…
Section 93ZA — Application for review
(1) A request for review of a decision under section 93Z must: (a) be made within 3 months after the person seeking review was notified of the decision; and (b) set out the grounds on which the…
Section 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…
Section 93ZB — Commission’s powers where request for review
(1) If the Commission reviews a decision under this Division, the Commission must affirm the decision or set it aside. (2) If the Commission sets the decision aside it must substitute a new decision…
Section 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)…
Section 93ZC — Date of effect of certain review decisions
(1) If the Commission sets aside a decision and substitutes for it a decision that a person is entitled to a pharmaceutical benefits card under this Part, the substituted decision takes effect from a…
Section 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…
Section 93ZD — Commission must make written record of review decision and reasons
(1) When the Commission reviews a decision under this Division it must make a written record of its decision upon review. (2) The written record must include a statement that: (a) sets out the…
Section 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…
Section 93ZE — Person who requested review to be notified of decision
(1) If the Commission affirms or sets aside a decision under this Division, it must give the person who requested the review of the decision: (a) a copy of the Commission’s decision; and (b) subject…
Section 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…
Section 93ZF — Powers of Commission to gather evidence
(1) The Commission or the Commission’s delegate may, in reviewing a decision under this Division: (a) take evidence on oath or affirmation for the purposes of the review; and (b) adjourn a hearing of…
Section 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…
Section 93ZG — Withdrawal of request for review
(1) A person who requests a review under section 93Z may withdraw the request at any time before it is determined by the Commission. (2) To withdraw the request, the person must give written notice…
Section 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…
Section 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…
Section 93K — Definitions
(1) In this Part: pharmaceutical benefits has the same meaning as in subsection 91(9). (2) In this Part, a person is the holder of a pharmaceutical benefits card under this Part while there is in…
Section 93L — Certain veterans and mariners may obtain pharmaceutical benefits
(1) If a Commonwealth veteran, allied veteran or allied mariner is the holder of a pharmaceutical benefits card under this Part, then the veteran or mariner may obtain pharmaceutical benefits under…
Section 93M — Who is eligible?
(1) A Commonwealth veteran, an allied veteran or an allied mariner is eligible for a pharmaceutical benefits card under this Part if the veteran or mariner: (a) is 70 years of age or older; and (b)…
Section 93N — Entitlement to a pharmaceutical benefits card under this Part
Even though a person is eligible for a pharmaceutical benefits card under this Part, it is only if the person is the holder of a pharmaceutical benefits card under this Part that pharmaceutical…
Section 93P — Need for a claim
A person who wants to be granted a pharmaceutical benefits card under this Part must make a proper claim. Note: For proper claim see section 93R (form), section 93S (manner of lodgment) and section…
Section 93Q — Who can claim?
(1) Subject to subsection (2), a claim must be made by: (a) the person who wants to be granted a pharmaceutical benefits card under this Part; or (b) with the approval of the person—another person on…
Section 93R — Making a claim
(1) To be a proper claim, the claim must be: (a) made in writing; and (b) in accordance with a form approved by the Commission; and (c) accompanied by any evidence available to the claimant that the…
Section 93T — Claimant must be an Australian resident and in Australia
A claim is not a proper claim unless the person making the claim, or on whose behalf the claim is being made, is: (a) an Australian resident; and (b) in Australia; on the day on which the claim is…
Section 93U — Claim may be withdrawn
(1) A claimant for a pharmaceutical benefits card under this Part or a person on behalf of a claimant may withdraw a claim that has not been determined. (2) A claim that is withdrawn is taken to have…
Section 93V — Secretary to investigate claim and submit it to Commission
(1) If a person makes a proper claim for a pharmaceutical benefits card under this Part, the Secretary must investigate the matters to which the claim relates. (2) When the investigation is…
Section 93W — Duties of Commission in relation to claim
(1) When the claim is submitted to the Commission, the Commission must consider all matters that are, in the Commission’s opinion, relevant to the claim and must then determine the claim. (2) In…
Section 93X — Entitlement determination
The Commission must determine that a person is entitled to a pharmaceutical benefits card under this Part if the Commission is satisfied that the person is eligible for the card.
Section 93Y — Date of effect of determination
(1) A determination under section 93X takes effect: (a) if the determination is made before 1 January 2002—on 1 January 2002 or on such later day as is specified in the determination; or (b) if the…
Section 93Z — Review of certain decisions
A claimant who is dissatisfied with a decision of the Commission in relation to a claim for a pharmaceutical benefits card under this Part may request the Commission to review the decision.
Section 94 — Interpretation
In this Part, unless the contrary intention appears: (a) a reference to a hospital or other institution shall be read as including a reference to a home, a hostel, a medical centre, an out-patient…
Section 96 — Application
(1) Without prejudice to its effect apart from this section, 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…