Overview

The Repatriation Medical Authority Instrument No. 15 of 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to correct a numbering error in the Statement of Principles Instrument No. 101 of 2007 concerning anxiety disorder. This instrument was enacted to address a specific administrative error that had been identified in the previous legislation, ensuring the correct application of provisions related to veterans' entitlements and military rehabilitation. The determination of this instrument by the Authority was made in accordance with the legislative instruments outlined in the Legislative Instruments Act 2003 and follows an investigation that was publicly advertised in the Government Notices Gazette. The Authority sought and considered submissions from relevant parties during the investigation, although none were received for this particular amendment. This amendment ensures clarity and accuracy in the legislative framework governing veterans' entitlements and military rehabilitation.

Scope and Application

The Repatriation Medical Authority Instrument No. 15 of 2011, made under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, amends Statement of Principles Instrument No. 101 of 2007 as it pertains to anxiety disorders. This Instrument aims to correct a numbering error in clause 6, rectifying an oversight by deleting the incorrectly numbered factor (c)(x) and inserting the correct factor (a)(xi). The Authority, having undertaken an investigation into anxiety disorder as advertised in the Government Notices Gazette on 1 September 2010, did not receive any submissions during this process. The amendment, effective as specified in the Legislative Instruments Act 2003, finalises the investigation into anxiety disorders and is now applicable to veterans, service personnel, and their dependants. This Instrument extends to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA, who may request a list of references related to the condition by submitting a written request to the Repatriation Medical Authority at the specified address in Brisbane.

Key Provisions

The Repatriation Medical Authority Instrument No. 15 of 2011 amends Statement of Principles Instrument No. 101 of 2007 concerning anxiety disorder under the Veterans’ Entitlements Act 1986 (VEA) and Military Rehabilitation and Compensation Act 2004. The primary purpose of this amendment is to rectify a numbering error within the previous legislation (sections 2 and 3). Specifically, it involves deleting the incorrectly numbered factor (c)(x) in clause 6 and inserting factor (a)(xi) in clause 6 to correct the error. This legislative instrument imposes several obligations and requirements on the parties and entities it governs. Firstly, the Authority is required to conduct investigations and make determinations based on these investigations to ensure the accuracy and fairness of the legislation (section 4). The Authority must also advertise its intention to undertake such investigations and invite submissions from relevant parties, including the Repatriation Commission, organisations representing veterans, service personnel, and their dependants, as well as any experts in the field (section 5). Once the investigation is complete, the Authority must finalise the process by determining the appropriate legislative amendments (section 6). Failure to comply with the provisions of this Act may result in various consequences. While the explanatory notes do not explicitly detail specific offences, penalties, or civil/criminal consequences for breach, it is implied that non-compliance with the legislative requirements could potentially lead to legal repercussions. The maximum penalties for such breaches would be determined by the respective Acts under which they fall, such as the VEA or the Legislative Instruments Act 2003. For instance, incorrect or misleading information provided in relation to veterans' entitlements could lead to civil or administrative penalties, while more severe breaches might result in criminal charges. Overall, this legislative instrument aims to ensure the accuracy and fairness of the legislation concerning anxiety disorders for veterans, service personnel, and their dependants by correcting a specific numbering error. It outlines the process and obligations of the Repatriation Medical Authority in making such amendments and implies that there are potential legal consequences for non-compliance.