REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 78 OF 2011
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 78 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 40 of 2008, as amended by Instrument No. 52 of 2009, concerning acquired cataract by:
- Replacing existing factors 6(e) & 6(r) with factors concerning 'ionising radiation';
- Deleting existing factors 6(f) & 6(s) as they are now subsumed by new factors 6(e) & 6(r) respectively;
- Re-numbering existing factors 6(g) to 6(r) as 6(f) to 6(q) respectively;
- Re-numbering existing factors 6(t) to 6(aa) as 6(r) to 6(y) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.
3. This Instrument also specifies a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.
4. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to acquired cataract in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and circulated a copy of the notices of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
5. The determining of this Instrument finalises the investigation in relation to acquired cataract as advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010.
6. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 78 of 2011 is an amendment to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically addressing acquired cataracts. This legislation was enacted to refine the criteria and definitions concerning the conditions under which veterans may be entitled to compensation for acquired cataracts, particularly in relation to exposure to ionising radiation. The Authority, established under the VEA, conducted an investigation into this matter, as publicly advertised in 2010, and subsequently determined this Instrument to formalise the changes. The policy objective is to ensure that the legal framework accurately reflects the current understanding of the causes and conditions of acquired cataracts among veterans, providing a more precise basis for entitlements and compensation claims. This amendment reflects the Authority's role in updating medical statements of principles to better serve the needs of affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 78 of 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 concerning the Statement of Principles related to acquired cataract. This amendment applies to veterans and service personnel who have been affected by cataracts, likely due to exposure to ionising radiation during their service. The Instrument modifies and replaces specific factors related to cataracts and radiation exposure, effectively updating the legislative framework to include more comprehensive considerations of the causative factors of acquired cataracts. The changes are effective from a specified date, as mandated by the Legislative Instruments Act 2003. The Authority conducted an investigation into the matter, advertised in the Government Notices Gazettes, and invited submissions from relevant parties, though no submissions were received for consideration. This legislative instrument provides a clear and updated statement of principles for assessing veterans' entitlements related to acquired cataracts, ensuring that the assessment process is informed by the latest medical understanding.
Key Provisions
The Repatriation Medical Authority Instrument No. 78 of 2011 amends the existing Statement of Principles Instrument No. 40 of 2008 concerning acquired cataract, as previously modified by Instrument No. 52 of 2009. The amendments introduce new factors under section 6(e) and 6(r), replacing existing factors 6(e) and 6(r) with those relating to 'ionising radiation'. Additionally, the Instrument removes factors 6(f) and 6(s) as they are now subsumed by the new factors. The existing factors 6(g) to 6(r) are renumbered as 6(f) to 6(q), and factors 6(t) to 6(aa) are renumbered as 6(r) to 6(y). Clause 7 is updated to reflect these changes, and the definition of 'cumulative equivalent dose' in clause 9 is replaced. Moreover, the definitions of 'a course of therapeutic radiation' and 'atomic radiation' are deleted from clause 9.
The Instrument imposes obligations on the Repatriation Medical Authority to undertake investigations into specific conditions affecting veterans and to publish notices of these investigations in the Government Notices Gazettes. The Authority must also invite submissions from relevant stakeholders, including the Repatriation Commission, organisations representing veterans, and individuals with expertise in the field. Although no submissions were received for this particular investigation, the process ensures transparency and inclusivity in the decision-making process. The Authority is required to finalise any investigations as per the legislative framework, ensuring that amendments to the Statement of Principles are timely and accurately reflect the latest evidence and expert opinion.
In terms of offences and penalties, the legislation does not explicitly state any criminal or civil penalties for breaches of the Instrument. However, the Repatriation Medical Authority is bound by the overarching legislative frameworks of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Failure to comply with these Acts or the Instrument could potentially lead to administrative or judicial review, with consequences that might include the nullification of decisions or the requirement to rectify any resultant injustices to affected parties. The absence of specific penalties in the Instrument itself suggests that the primary focus is on ensuring accurate and fair adjustments to the Statement of Principles, rather than punitive measures.