Overview

The Repatriation Medical Authority Instrument No. 124 of 2011 amends the Statement of Principles Instrument No. 52 of 2006 concerning cerebrovascular accident, as part of the Veterans’ Entitlements Act 1986. This legislative instrument was enacted to address specific gaps in the recognition of conditions related to cerebrovascular accidents, particularly in relation to medication and migraines. The Repatriation Medical Authority, under the authority granted by the Veterans’ Entitlements Act 1986, conducted an investigation into these conditions, inviting submissions from relevant parties to ensure a comprehensive review. The instrument replaces certain factors concerning non-steroidal anti-inflammatory drugs and adds new considerations for migraines, along with a definition for 'having active migraine'. This amendment aims to provide a more accurate and inclusive framework for assessing veterans’ health claims related to cerebrovascular accidents.

Scope and Application

The Repatriation Medical Authority Instrument No. 124 of 2011 amends the Statement of Principles Instrument No. 52 of 2006 concerning cerebrovascular accident under the Veterans’ Entitlements Act 1986. This legislative instrument applies to veterans and their dependants who have sustained a cerebrovascular accident, also known as a stroke, as a result of their military service. The instrument alters the criteria for evaluating such conditions, specifically by replacing a reference to the non-steroidal anti-inflammatory class of drugs with new considerations about migraine, and introducing a new factor regarding active migraine. The amendments aim to provide a more comprehensive assessment of the impact of cerebrovascular accidents on veterans' health. The instrument is effective as specified under the Legislative Instruments Act 2003 and applies nationally, with the Repatriation Medical Authority having jurisdiction over the determination and implementation of these changes. There are no specific exclusions or exemptions detailed in the instrument, but it does specify a date of effect for the amendment, ensuring clarity and consistency in its application.

Key Provisions

The Repatriation Medical Authority Instrument No. 124 of 2011 amends Statement of Principles Instrument No. 52 of 2006, focusing on the conditions related to cerebrovascular accidents, commonly known as strokes. Under section 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA), the Authority has revised the criteria concerning cerebrovascular accidents by replacing the previous factor 6(l)(v) about the 'non-steroidal anti-inflammatory class of drugs' with new provisions. Specifically, the Instrument introduces a new factor 6(l)(xxi) addressing 'migraine' and includes a definition for 'having active migraine' in clause 9.3. These changes aim to provide a more comprehensive assessment of conditions potentially linked to cerebrovascular accidents. The obligations imposed by this Instrument on the parties and entities it governs include a requirement for the Repatriation Commission and other relevant organisations to adhere to the new criteria set out in the amended Statement of Principles. This means that any claims or assessments concerning cerebrovascular accidents must now consider the new factors related to migraine, as defined in the Instrument. The Authority must ensure that all relevant parties are informed of these changes, which may affect the eligibility and assessment of veterans' entitlements. In terms of enforcement and consequences for non-compliance, the Instrument specifies penalties for breaches under the VEA and the Military Rehabilitation and Compensation Act 2004. While the Explanatory Notes do not explicitly state penalties, breaches of provisions in these Acts could lead to civil or criminal liabilities. The specific penalties would depend on the nature of the breach, but they could include fines or other legal sanctions as stipulated in the respective Acts. The Repatriation Medical Authority is responsible for ensuring that the new criteria are applied correctly, and any failure to do so could result in legal action against the Authority or the affected parties. The Instrument also outlines a date of effect for these amendments, in line with subsection 12(1)(a) of the Legislative Instruments Act 2003. This ensures that the new provisions come into force at a specified time, allowing all stakeholders to adjust their practices accordingly. The Authority's process for determining these changes involved advertising its intention to investigate in the Government Notices Gazette and soliciting submissions from relevant organisations and experts. The single submission received during this process was considered by the Authority in making its determination. The Authority has made references relating to these conditions available upon request, as specified in the VEA.