Overview

The Repatriation Medical Authority Instrument No. 59 of 2011 amends the Veterans’ Entitlements Act 1986 to address issues concerning cerebral meningioma, particularly in relation to the circumstances in which it may be considered to have been caused by service. This legislative instrument, enacted by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act 1986, aims to update and refine the criteria for recognising cerebral meningioma as a service-related condition, particularly by revising the factors that link the condition to ionising radiation exposure. The Authority undertook a formal investigation process, advertising its intention in the Government Notices Gazettes and inviting submissions from relevant stakeholders, although no submissions were received. The amendments finalised in this instrument aim to ensure that the recognition of cerebral meningioma as a service-related condition is based on a more accurate and comprehensive understanding of the relevant medical evidence.

Scope and Application

The Repatriation Medical Authority Instrument No. 59 of 2011, under the Veterans’ Entitlements Act 1986, amends Statement of Principles Instrument No. 19 of 2009 concerning cerebral meningioma. This Instrument applies to veterans and service personnel who are eligible for benefits under the Act, specifically focusing on those who may have developed cerebral meningioma as a result of their service. The changes include the replacement of existing factor 6(a) with a factor concerning 'ionising radiation' and the deletion of existing factor 6(b) as it is now subsumed by the new factor 6(a). Additionally, existing factor 6(c) is renumbered as 6(b), and the definition of "cumulative equivalent dose" in clause 9 is replaced. Clause 7 and the definitions of "a course of therapeutic radiation" and "atomic radiation" in clause 9 are also updated to reflect these changes. The amendments are effective from a specified date in accordance with the Legislative Instruments Act 2003. The Authority conducted an investigation into cerebral meningioma, advertising its intention in the Government Notices Gazettes and inviting submissions from relevant organisations and experts. No submissions were received, and the determination of this Instrument concludes the investigation. References related to the condition are available upon written request to the Repatriation Medical Authority.

Key Provisions

The key provisions of Statement of Principles Instrument No. 59 of 2011, as determined by the Repatriation Medical Authority, amend Statement of Principles Instrument No. 19 of 2009 concerning cerebral meningioma. This amendment introduces new factor 6(a) concerning 'ionising radiation', which replaces existing factor 6(a), and deletes existing factor 6(b) as it is now subsumed by the new factor 6(a). Existing factor 6(c) is re-numbered to 6(b). The Instrument also revises clause 7 to reflect these changes and replaces the existing definition of "cumulative equivalent dose" in clause 9, while deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9. This amendment comes into effect on a specified date in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. The Repatriation Medical Authority, under the Veterans’ Entitlements Act 1986, has the obligation to investigate and amend statements of principles regarding medical conditions affecting veterans. This includes advertising intentions to undertake investigations in the Government Notices Gazettes and inviting submissions from relevant parties. In this case, the Authority advertised its intention to investigate cerebral meningioma on 1 September 2010 and 3 November 2010, inviting submissions from the Repatriation Commission, relevant organisations, and experts. The final determination of this Instrument concludes the investigation process. Additionally, the Authority provides a list of references to any person or organisation referred to in section 196E(1)(a) to (c) of the VEA upon request. Under this legislation, breaches or non-compliance with the provisions of the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 may result in legal consequences. However, the specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory notes provided. The maximum penalties for breaches of these Acts would typically be outlined in the respective legislation itself, which could include fines, imprisonment, or other legal sanctions as determined by the courts. It is essential for parties subject to these Acts to adhere to the stipulated requirements to avoid potential legal repercussions.