Provision of treatment
84 Provision of treatment
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.
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.
The Commission may arrange for the provision of treatment for veterans and other persons eligible to be provided with treatment under this Part:
at a hospital or other institution in accordance with arrangements referred to in paragraph 89(1)(b) or (c); or
otherwise.
Subject to subsection (3), the Commission is not taken to have arranged for the provision of treatment for a person unless:
the treatment was provided in accordance with arrangements made by the Commission under this Part; or
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
the Commission approved the provision of the treatment before the treatment was given, or began to be given, as the case may be.
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:
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
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.
If:
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
the treatment is of a kind mentioned in paragraph 90(1B)(a) and specified in the Treatment Principles;
then the Commission may, in accordance with the Treatment Principles as they relate to paragraph 90(1B)(b), accept financial responsibility for particular costs in relation to that treatment (including amounts of subsidy payable under Part 2 of Chapter 4 of the Aged Care Act 2024).
Nothing in this Part shall be taken to:
impose a duty on the Commission to arrange for the provision of; or
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.
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:
by the Commonwealth; or
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.
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