Overview

The Repatriation Medical Authority Instrument No. 43 of 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of acute myeloid leukaemia among veterans. This legislative instrument was enacted by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act. The policy objective of this amendment is to ensure that the medical criteria for determining entitlement to benefits for veterans suffering from acute myeloid leukaemia are up-to-date and reflective of the latest medical understanding. The Repatriation Medical Authority conducted an investigation into the condition and published notices of its intention to investigate in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, inviting submissions from relevant organisations and experts. The amendments finalised in this Instrument aim to provide a more accurate and comprehensive framework for assessing and compensating veterans affected by acute myeloid leukaemia.

Scope and Application

The Repatriation Medical Authority Instrument No. 43 of 2011 amends Statement of Principles Instrument No. 35 of 2006 concerning acute myeloid leukaemia under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation applies to veterans and service personnel who have been diagnosed with acute myeloid leukaemia, and to their dependants. The amendments concern factors related to ionising radiation and treatments involving radioactive iodine and phosphorus, and adjust the definition of "cumulative equivalent dose" and remove certain definitions previously included in the legislation. The amendments are effective as of a date specified in accordance with the Legislative Instruments Act 2003. The Authority conducted an investigation into the condition, advertising its intention in the Government Notices Gazettes and inviting submissions from relevant organisations and individuals. This Instrument concludes the investigation and is now in effect. Requests for references related to the condition can be made in writing to the Registrar of the Repatriation Medical Authority.

Key Provisions

The main operative sections of this legislation, specifically the Veterans’ Entitlements Act 1986 (VEA) Statement of Principles Instrument No. 43 of 2011, are concerned with amending the existing Statement of Principles Instrument No. 35 of 2006, which relates to acute myeloid leukaemia. Under section 196B(2) and (8) of the VEA, the Repatriation Medical Authority has replaced several existing factors (6(d), 6(e), and 6(f)) with new factors concerning ionising radiation, treatment with radioactive iodine, and treatment with radioactive phosphorus, respectively. Additionally, the definition of "cumulative equivalent dose" has been replaced, and the definitions of "a course of therapeutic radiation" and "atomic radiation" have been removed from clause 9. The date of effect for these amendments is specified in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. The obligations and requirements imposed by this Act are primarily administrative and procedural. The Repatriation Medical Authority is required to advertise its intention to undertake an investigation in relation to acute myeloid leukaemia in the Government Notices Gazettes, as well as circulate notices of intention to investigate to relevant organisations and persons. The Authority is also obligated to invite submissions from the Repatriation Commission, relevant organisations, and individuals with expertise in the field. Furthermore, the Authority must finalise the investigation by determining the Statement of Principles Instrument No. 43 of 2011 and ensuring that a list of references relating to the condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. In terms of breaches and penalties, the Explanatory Notes do not explicitly mention any specific offences, penalties, or civil/criminal consequences for non-compliance with the requirements set out in this Instrument. However, it is understood that breaches of the VEA or any related legislation could potentially lead to legal consequences, including fines or other penalties as prescribed by the relevant legislation. It is advisable for parties to comply with the procedural requirements to avoid any potential legal repercussions.