REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 47 OF 2011
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 47 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 15 of 2003 concerning chronic myeloid leukaemia by:
- Replacing existing factor 5(b) with a factor concerning 'ionising radiation';
- Replacing existing factor 5(c) with a factor concerning 'treatment with radioactive iodine';
- Replacing the existing definition of "cumulative equivalent dose" in clause 8; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 8.
3. This Instrument also specifies a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.
4. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to chronic myeloid leukaemia in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and circulated a copy of the notices of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. One submission was received for consideration by the Authority during the investigation.
5. The determining of this Instrument finalises the investigation in relation to chronic myeloid leukaemia as advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010.
6. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 47 of 2011 amends Statement of Principles Instrument No. 15 of 2003 concerning chronic myeloid leukaemia, under the authority granted by the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This legislative instrument addresses the need to update the medical criteria and definitions relevant to chronic myeloid leukaemia, particularly in relation to ionising radiation and treatment with radioactive iodine. The Authority's determination finalises an investigation into these aspects, which was advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010, inviting submissions from relevant stakeholders. The instrument’s enactment aims to ensure that the medical understanding and entitlements related to chronic myeloid leukaemia reflect current medical knowledge and practices.
Scope and Application
This legislation, Repatriation Medical Authority Instrument No. 47 of 2011, pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It amends Statement of Principles Instrument No. 15 of 2003 concerning chronic myeloid leukaemia, replacing certain factors with new ones related to ionising radiation and treatment with radioactive iodine, while also modifying definitions and removing others. The Repatriation Medical Authority has the authority to determine this instrument under the Veterans’ Entitlements Act, and the changes outlined have a specific date of effect as per the Legislative Instruments Act 2003. The amendments finalise an investigation that was advertised in the Government Notices Gazettes in 2010, and the Authority considered one submission during this process. The Authority can be contacted for any references relating to this condition.
Key Provisions
The Repatriation Medical Authority Instrument No. 47 of 2011 amends Statement of Principles Instrument No. 15 of 2003 concerning chronic myeloid leukaemia under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This legislative instrument introduces significant changes to the criteria for determining entitlement to repatriation benefits for veterans diagnosed with chronic myeloid leukaemia. Specifically, it replaces existing factors concerning exposure to ionising radiation and treatment with radioactive iodine, revises the definition of "cumulative equivalent dose," and removes the definitions of "a course of therapeutic radiation" and "atomic radiation." The legislative instrument is effective as per subsection 12(1)(a) of the Legislative Instruments Act 2003.
The Authority's investigation into chronic myeloid leukaemia was advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010. Submissions were invited from the Repatriation Commission, organisations, persons, and experts in the field. Only one submission was received, which was considered during the investigation. The Authority's determination of this instrument concludes the investigation as advertised.
In terms of obligations, the Repatriation Medical Authority is required to undertake investigations into conditions affecting veterans and adjust the Statement of Principles accordingly. The Authority must also advertise its intention to investigate and invite submissions from relevant stakeholders. The amendments to the Statement of Principles must be consistent with the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004.
The legislation does not explicitly detail offences or penalties for breaches. However, non-compliance with the legislative instrument or the failure to adhere to the stipulated procedures for amending the Statement of Principles could result in legal challenges or disputes regarding the entitlements of veterans. Additionally, the Repatriation Medical Authority could face scrutiny and potential legal consequences for not following the proper legislative process in making these amendments.