Overview

The Repatriation Medical Authority Instrument No. 77 of 2011 amends the Statement of Principles Instrument No. 39 of 2008, concerning acquired cataract, under the Veterans’ Entitlements Act 1986. This legislative instrument aims to update the factors related to ionising radiation that contribute to the condition of acquired cataract. The Authority, which is the enacting body, finalised this amendment after an investigation that was publicly advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, inviting submissions from relevant organisations and individuals. The instrument deletes and replaces specific clauses and definitions to reflect the updated understanding of the causes of acquired cataract, thereby addressing the gap in the existing legislative framework regarding the relationship between ionising radiation and cataracts. This amendment was made without any submissions being received, highlighting the Authority's determination to proceed based on the available evidence and expertise.

Scope and Application

The Repatriation Medical Authority Instrument No. 77 of 2011 amends Statement of Principles Instrument No. 39 of 2008 concerning acquired cataract, under the Veterans’ Entitlements Act 1986. This Instrument applies to veterans and service personnel who have acquired cataract as a result of exposure to ionising radiation, thus impacting their eligibility for certain benefits and entitlements under the Act. The changes include the replacement of existing factors with those concerning ionising radiation, the deletion of certain factors as they are now subsumed by new ones, and the re-numbering of subsequent factors to accommodate these changes. The amendments also reflect these changes in the definition of "cumulative equivalent dose" and remove outdated definitions related to therapeutic radiation and atomic radiation. This legislative instrument operates nationally and is applicable to all veterans and service personnel across Australia who are covered by the Veterans’ Entitlements Act 1986. The Authority, in determining this Instrument, considered no submissions from interested parties, as none were received during the investigation period.

Key Provisions

The main operative sections of the Repatriation Medical Authority Instrument No. 77 of 2011, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, concern the amendment of Statement of Principles Instrument No. 39 of 2008, specifically addressing acquired cataract. The changes include replacing existing factors 6(e) and 6(r) with new factors related to 'ionising radiation', and deleting factors 6(f) and 6(s) as they are now subsumed by the new factors. Additionally, existing factors 6(g) to 6(r) have been renumbered to 6(f) to 6(q), and factors 6(t) to 6(aa) have been renumbered to 6(r) to 6(y). Clause 7 has also been replaced to reflect these changes, and the definition of 'cumulative equivalent dose' in clause 9 has been updated. The definitions of 'a course of therapeutic radiation' and 'atomic radiation' have been removed from clause 9. The obligations imposed by this Instrument on the parties it governs are primarily procedural. The Repatriation Medical Authority (the Authority) is required to advertise its intention to investigate specific conditions, in this case, acquired cataract, in the Government Notices Gazettes. The Authority must also invite submissions from relevant organisations and individuals who may have expertise in the field. This ensures transparency and allows for input from stakeholders before making amendments. Although no submissions were received for this particular investigation, the process of inviting and considering such submissions is a mandated part of the Authority's procedure. In terms of offences, penalties, or consequences for breach, the legislation does not explicitly detail specific offences or penalties related to the Instrument itself. However, the legislative framework within which this Instrument operates, including the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, does provide for various penalties for non-compliance with the Acts' provisions. These could include fines, imprisonment, or other civil or administrative penalties depending on the nature and severity of the breach. The exact penalties would be determined in the context of the broader legislative framework and the specific circumstances of any breach.