Overview

The Repatriation Medical Authority Instrument No. 52 of 2009, enacted under the Veterans’ Entitlements Act 1986, addresses the issue of amending the Statement of Principles concerning acquired cataract. This instrument seeks to refine and update the legislative framework surrounding veterans' entitlements, specifically focusing on the medical condition of acquired cataract. The Authority, operating under the authority of the Commonwealth Parliament, aims to ensure that the legislative instruments accurately reflect the latest medical understanding and provide appropriate support to veterans. This instrument marks the conclusion of an investigation initiated by the Authority and advertised in the Government Notices Gazette of 29 April 2009, which aimed to gather input from relevant organisations and experts. The Authority’s decision to finalise the investigation with this new instrument ensures that the legislative provisions are up-to-date and reflective of current medical knowledge, thereby supporting the policy objective of providing timely and accurate medical recognition and compensation for veterans' conditions.

Scope and Application

The Repatriation Medical Authority Instrument No. 52 of 2009, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to amendments in the Statement of Principles concerning acquired cataract. This legislative instrument applies to the Repatriation Medical Authority, which is responsible for determining and administering matters related to veterans' entitlements and military rehabilitation and compensation. The instrument modifies Instrument No. 40 of 2008, specifically by removing the definition of 'electrical injury' from clause 9 of the Statement of Principles. It is applicable on a national level, impacting veterans and their dependants across Australia. There are no stated exclusions or thresholds within this instrument, but its effects are confined to the specific amendment of the acquired cataract condition. The Authority's decision-making process involved public notice and an invitation for submissions, although no submissions were received. This instrument concludes the investigation into acquired cataract that was initiated with an advertisement in the Government Notices Gazette on 29 April 2009.

Key Provisions

The main operative sections of this legislation are subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA), which empower the Repatriation Medical Authority (the Authority) to determine amendments to Statement of Principles Instruments concerning veterans’ entitlements. In this case, the Authority has determined Instrument No. 52 of 2009, which amends Instrument No. 40 of 2008, concerning acquired cataract. The amendment specifically involves deleting the definition of 'electrical injury' in clause 9 of the Instrument. The obligations imposed by the Act on the parties it governs are primarily procedural. The Authority must advertise its intention to investigate a condition, in this case acquired cataract, in the Government Notices Gazette and circulate notices to relevant organisations and individuals. The Authority must also invite submissions from the Repatriation Commission, relevant organisations, and any person with expertise in the field. While no submissions were received for this particular investigation, the process ensures that all interested parties have an opportunity to contribute to the determination. The legislative framework also sets out a timeline for the investigation and determination of the amendment. According to subsection 12(1)(a) of the Legislative Instruments Act 2003, the Authority must specify a date of effect for the amendment, ensuring that the changes are implemented in a timely and orderly manner. Failure to comply with the requirements of the VEA and the Military Rehabilitation and Compensation Act 2004 may result in various consequences. While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that breaches of the legislative requirements could lead to civil or administrative penalties. These may include fines or other sanctions, although the exact penalties would depend on the specific nature and severity of the breach. Additionally, any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA can request a list of references relating to the condition under investigation. This provision ensures transparency and access to information, facilitating informed submissions and appeals.