Overview

The Repatriation Medical Authority Instrument No. 123 of 2011 amends Statement of Principles Instrument No. 51 of 2006 concerning cerebrovascular accident, addressing gaps in the recognition of related medical conditions under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument was enacted by the Repatriation Medical Authority, which was established under the Veterans’ Entitlements Act 1986. The Authority was tasked with updating the existing medical principles to better accommodate the evolving understanding of conditions related to cerebrovascular accidents. The primary policy objective of this amendment is to ensure that veterans who have suffered from cerebrovascular accidents and related conditions, such as migraine and the effects of non-steroidal anti-inflammatory drugs, receive appropriate recognition and compensation for their health issues.

Scope and Application

This instrument, Repatriation Medical Authority Instrument No. 123 of 2011, pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and it amends the Statement of Principles Instrument No. 51 of 2006 regarding cerebrovascular accident. Specifically, it introduces a new factor concerning 'migraine', replaces a factor about the non-steroidal anti-inflammatory class of drugs, and adds a definition for 'having active migraine'. The instrument applies to veterans, service personnel, and their dependants, and it is issued by the Repatriation Medical Authority under the authority granted by the VEA. The amendments are designed to refine the criteria for assessing the impact of certain medical conditions on veterans' entitlements and compensation. The instrument's application extends to all persons and entities covered under the VEA and the Military Rehabilitation and Compensation Act 2004, ensuring that the new factors are considered in relevant claims and assessments. The instrument is effective from a specified date, as determined in accordance with the Legislative Instruments Act 2003, and it formalises the Authority's investigation into cerebrovascular accidents, which was publicly advertised and open to submissions from relevant stakeholders.

Key Provisions

The Repatriation Medical Authority Instrument No. 123 of 2011 amends Statement of Principles Instrument No. 51 of 2006 regarding cerebrovascular accident under the Veterans’ Entitlements Act 1986 (VEA). Section 196B(2) and (8) of the VEA empowers the Authority to determine this Instrument, which includes adding a new factor 6(na) about'migraine' and amending factor 6(o)(vi) concerning 'non-steroidal anti-inflammatory class of drugs'. Furthermore, it introduces a definition for 'having active migraine' in clause 9.3. The legislative instruments act 2003 subsection 12(1)(a) is referenced to specify the date of effect for this amendment. This Instrument imposes certain obligations and requirements on parties and entities governed by the VEA and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority is mandated to undertake investigations into specified conditions, such as cerebrovascular accident, and consider submissions from relevant organisations and experts. The Authority must advertise its intention to investigate and invite relevant stakeholders to provide input. This process ensures that the determination of the Instrument is well-informed and considers diverse perspectives, thereby upholding the principles of fairness and transparency in the legislative process. Failure to comply with the provisions of the VEA and the associated Instrument may result in various consequences. While specific offences, penalties, or civil/criminal consequences are not detailed in the text, breaches of the Act generally lead to legal ramifications. These may include fines, imprisonment, or other penalties as prescribed by the relevant legislation. The severity of the consequences depends on the nature and extent of the breach, and the specific provisions of the VEA and any related Acts. Practitioners should refer to the full text of the legislation for detailed information on penalties. The Authority’s process of inviting submissions and considering expert input is crucial for the development of comprehensive and effective legislative instruments. This approach not only aids in creating well-rounded legal frameworks but also ensures that the rights and entitlements of veterans are properly protected and upheld. By engaging with stakeholders, the Repatriation Medical Authority demonstrates a commitment to transparency and inclusivity in the legislative process.