Statute Update Bill 2026

The DEPUTY PRESIDENT (15:36): I'll now deal with the committee of the whole amendments, starting with the amendments circulated by the opposition. The question is that opposition amendments on sheet 4094 be agreed to. Opposition's circulated amendments— (1) Clause 2, page 2 (table item 5), after "Part 13", insert ", Division 1".

(2) Clause 2, page 2 (after table item 5), insert: 5A. Schedule 1, Part 13, Division 2 The day after this Act receives the Royal Assent. (3) Schedule 1, Part 13, page 25 (after line 1), insert: Division 1 — Technical amendments (4) Schedule 1, Part 13, page 26 (after line 23), at the end of the Part, add: Division 2 — Veterans' allied health care Military Rehabilitation and Compensation Act 2004 127 Subsection 5(1) Insert: allied health professional includes a person who is any of the following: (a) a chiropractor; (b) a clinical psychologist or psychologist; (c) a diabetes educator; (d) a dietitian; (e) an exercise physiologist; (f) a neuropsychologist; (g) an occupational therapist; (h) an orthotist; (i) an osteopath; (j) a physiotherapist; (k) a podiatrist; (l) a prosthetist; (m) a social worker; (n) a speech pathologist; (o) a professional of a kind prescribed by the regulations. allied health treatment means treatment delivered by an allied health professional in their capacity as an allied health professional. 128 After subsection 286(1) Insert: Determination must not impose certain conditions on provision of allied health treatment (1A) A determination under subsection (1) must not include a condition (however expressed) that would have the effect of requiring: (a) the total cost of allied health treatment provided to a person under this Part during a period to be less than a specified amount; or (b) a person entitled to allied health treatment under this Part to contribute a specified amount towards the cost of the allied health treatment; or (c) a review to be conducted, or additional evidence, information or documents to be given to the Commission, in relation to allied health treatment to be provided to a person under this Part, solely or substantially because the total cost of allied health treatment provided to the person during a period is approaching, has reached or exceeded, or would be likely to reach or exceed, a specified amount; or (d) the provision of allied health treatment to a person under this Part to be delayed, suspended, discontinued or refused solely or substantially because the total cost of allied health treatment provided to the person during a period is approaching, has reached or exceeded, or would be likely to reach or exceed, a specified amount.

Note 1: For the purposes of paragraph (b), a determination must not, for example, include a condition requiring a co-contribution or gap-payment to be made in relation to an allied health treatment. Note 2: A determination may include other kinds of conditions in respect of allied health treatment, for example, conditions relating to clinical need, effectiveness, patient safety or fraud. 129 After Part 4 of Chapter 6 Insert: Part 4A — Other matters relating to treatment 303A Entitlement to allied health treatment must not be subject to cost threshold (1) This section applies in relation to: (a) treatment to which a person is entitled under Part 3 for an injury or disease; and (b) treatment to which a person is entitled under Part V of the VEA for an injury or disease; and (c) treatment to which a person is entitled under a provision prescribed by the regulations.

(2) The entitlement to treatment must not be subject to a condition (however described) that would have the effect of requiring: (a) the total cost of allied health treatment provided to the person under the entitlement during a period to be less than a specified amount; or (b) a person entitled to allied health treatment under the entitlement to contribute a specified amount towards the cost of the allied health treatment; or (c) a review to be conducted, or evidence, information or documents to be given to the Commission, in relation to allied health treatment to be provided to the person under the entitlement, solely or substantially because the total cost of allied health treatment provided to the person during a period is approaching, has reached or exceeded, or would be likely to reach or exceed, a specified amount; or (d) the provision of allied health treatment to a person under the entitlement to be delayed, suspended, discontinued or refused solely or substantially because the total cost of allied health treatment provided to the person during a period is approaching, has reached or exceeded, or would be likely to reach or exceed, a specified amount.

Note 1: For the purposes of paragraph (b), the entitlement must not, for example, be subject to a condition requiring a co-contribution or gap-payment to be made in relation to an entitled allied health treatment. Note 2: The entitlement may be subject to other kinds of conditions in respect of allied health treatment, for example, conditions relating to clinical need, effectiveness, patient safety or fraud. 303B Entitlement to compensation for allied health treatment must not be subject to cost threshold (1) This section applies in relation to: (a) entitlement to compensation under Division 1A of Part 4 in respect of the cost of treatment; and (b) entitlement to compensation under section 16 of the DRCA in respect of the cost of treatment; and (c) entitlement to compensation under a provision prescribed by the regulations.

(2) The entitlement to compensation must not be subject to a condition (however described) that would have the effect of limiting the entitlement so that the total compensation payable in respect of allied health treatment obtained by a person during a period must not exceed a specified amount. (3) Despite subsection (2), the entitlement to compensation may be subject to the condition that the amount of compensation payable must not be more than the amount actually incurred in obtaining the allied health treatment. 130 Application of amendments The amendments made to the Military Rehabilitation and Compensation Act 2004 by this Division apply in relation to treatment, or compensation for treatment, that a person is entitled to on or after the commencement of this item (whether the entitlement first arose before, on or after that commencement).