Overview

The Repatriation Medical Authority Instrument No. 16 of 2011 amends the Veterans’ Entitlements Act 1986 to correct a numbering error identified in Statement of Principles Instrument No. 102 of 2007, as amended by Instrument No. 43 of 2010, concerning anxiety disorder. The purpose of this amendment is to rectify the incorrect numbering of a specific factor, ensuring consistency and accuracy within the legislative framework. This amendment was determined under the authority granted by subsections 196B(3) and (8) of the VEA and is effective as specified in subsection 12(1)(a) of the Legislative Instruments Act 2003. Prior to the determination, the Authority conducted an investigation into the condition of anxiety disorder, advertising its intention in the Government Notices Gazette of 1 September 2010 and inviting submissions from relevant organisations and individuals, though none were received. The Authority's decision finalises the investigation process, and a list of references related to the condition is available upon request to the Repatriation Medical Authority.

Scope and Application

The Repatriation Medical Authority Instrument No. 16 of 2011 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by addressing a specific error in the Statement of Principles concerning anxiety disorder. This legislative instrument applies to veterans and service personnel affected by the misnumbered factor in the previous Statement of Principles Instrument No. 102 of 2007. It rectifies an administrative error to ensure that the correct factors are applied in assessing claims related to anxiety disorder. The Instrument has a national jurisdictional reach as it pertains to veterans and service personnel across Australia. The Authority invited submissions from relevant parties during the investigation, though none were received. The effective date of this amendment is specified in accordance with the Legislative Instruments Act 2003, finalising the investigation as advertised in the Government Notices Gazette of 1 September 2010. References related to the condition are available to specific persons and organisations upon written request to the Repatriation Medical Authority.

Key Provisions

The Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) are amended by Statement of Principles Instrument No. 16 of 2011. This legislative instrument addresses a correction in the numbering of factors related to anxiety disorder in Statement of Principles Instrument No. 102 of 2007, as amended by Instrument No. 43 of 2010. Specifically, clause 6 is amended by deleting the incorrectly numbered factor (c)(x) and inserting the correctly numbered factor (a)(x). This amendment is intended to rectify the numbering error without altering the substantive content of the original statement of principles. The Repatriation Medical Authority (the Authority), established under section 196B of the VEA, has the power to determine such amendments. As part of this process, the Authority must follow certain procedural steps, including advertising its intention to investigate the condition of anxiety disorder in the Government Notices Gazette and soliciting submissions from relevant stakeholders. In this case, although submissions were invited, none were received for consideration. The Authority's determination finalises the investigation into the condition as advertised on 1 September 2010. The Authority is obligated to ensure that the correction of the numbering error does not change the intended meaning or application of the statement of principles regarding anxiety disorder. This involves a careful review and amendment process to maintain the integrity and clarity of the legislative instrument. Additionally, the Authority must make a list of references related to the condition available upon request to any person or organisation specified in subsection 196E(1)(a) to (c) of the VEA. Requests for such references must be made in writing to the Registrar at the Repatriation Medical Authority Secretariat. The amendment comes into effect on the date specified in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003, ensuring that the correction is applied promptly and efficiently. This legislative instrument highlights the Authority's commitment to maintaining accurate and reliable statements of principles that govern the entitlements and compensation for veterans and their dependants. While the substantive changes are minimal, the correction is crucial for the proper administration of veterans' entitlements.