REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 44 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. 44 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 36 of 2006 concerning acute myeloid leukaemia by:
- Replacing existing factor 6(d) with a factor concerning 'ionising radiation';
- Replacing existing factor 6(e) with a factor concerning 'treatment with radioactive iodine';
- Replacing existing factor 6(f) with a factor concerning 'treatment with radioactive phosphorus';
- 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 acute myeloid leukaemia 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 acute myeloid leukaemia 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. 44 of 2011 amends the Statement of Principles Instrument No. 36 of 2006 concerning acute myeloid leukaemia under the Veterans’ Entitlements Act 1986. This legislation was enacted to address gaps in the existing criteria for determining the service-connected nature of acute myeloid leukaemia, particularly concerning exposure to ionising radiation, treatment with radioactive iodine, and treatment with radioactive phosphorus. The Authority, in exercising its power under the Act, replaced and refined the relevant factors and definitions, thereby ensuring a more precise and comprehensive assessment of cases related to acute myeloid leukaemia. This legislative instrument was determined by the Repatriation Medical Authority and specifies the effective date of the amendments, finalising the investigation process that was publicly advertised in 2010.
Scope and Application
The Repatriation Medical Authority Instrument No. 44 of 2011, amending Statement of Principles Instrument No. 36 of 2006, pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument is aimed at amending the criteria concerning acute myeloid leukaemia, introducing factors related to ionising radiation, treatment with radioactive iodine, and treatment with radioactive phosphorus, while also revising the definition of "cumulative equivalent dose". The Instrument applies to veterans and service personnel who may have been exposed to the specified conditions during their service, thereby potentially affecting their eligibility for compensation under the aforementioned Acts. The changes are effective as per the Legislative Instruments Act 2003, with the Authority having undertaken an investigation and invited submissions from relevant organisations and individuals prior to finalising this Instrument. The Authority advertised its intention to investigate in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, with no submissions received during the investigation. The Instrument is applicable nationally, as it pertains to the Acts which have a Commonwealth jurisdiction, and does not specify any exclusions, exemptions, or thresholds within its text.
Key Provisions
The key operative sections of this Instrument pertain to amendments to Statement of Principles Instrument No. 36 of 2006 concerning acute myeloid leukaemia. Section 2 outlines the specific changes, which include replacing certain factors and definitions related to ionising radiation and treatments with radioactive substances, as well as deleting certain definitions. This amendment aims to update the criteria for considering acute myeloid leukaemia as a service-related condition for veterans under the Veterans’ Entitlements Act 1986 (section 196B). The Instrument also specifies an effective date for these amendments, in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3).
The Repatriation Medical Authority is tasked with determining and implementing these changes. The Authority has a responsibility to investigate potential service-related conditions and to consult with relevant stakeholders, including veterans’ organisations, service personnel, and experts in the field (section 4). This process involves advertising intentions to investigate in the Government Notices Gazettes and inviting submissions from interested parties. Although no submissions were received for this particular investigation, the process ensures transparency and the opportunity for input from affected groups.
The obligations imposed on the parties governed by this Act include ensuring that the new criteria for assessing acute myeloid leukaemia are adhered to. This means that when considering claims related to acute myeloid leukaemia, the Repatriation Commission and other relevant entities must apply the updated factors and definitions as specified in the amended Instrument. Additionally, the Authority must maintain records and make them available upon request for review purposes, facilitating transparency and accountability (section 6).
Breaches of the provisions outlined in this Instrument could lead to civil or criminal consequences. While the specific penalties are not detailed in the explanatory notes, breaches of related Acts such as the Veterans’ Entitlements Act 1986 or the Legislative Instruments Act 2003 could result in penalties including fines or other legal actions. The exact penalties would depend on the nature of the breach and applicable laws at the time of the offence.