REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 48 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 48 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 16 of 2003 concerning chronic myeloid leukaemia by:
- Replacing existing factor 5(a) with a factor concerning 'ionising radiation';
- Replacing existing factor 5(b) 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. 48 of 2011, enacted in 2011, amends the Veterans' Entitlements Act 1986 (VEA) to update the Statement of Principles concerning chronic myeloid leukaemia. The Authority, established under the VEA, was mandated to investigate and update the understanding of the causes of this condition, particularly in relation to exposure to ionising radiation and treatment with radioactive iodine. This legislative instrument aims to address gaps in the existing framework by revising the factors and definitions associated with the condition to better reflect current medical understanding. The Authority followed due process by advertising its intention to investigate in the Government Notices Gazettes and inviting submissions from relevant stakeholders, including the Repatriation Commission and organisations representing veterans. This amendment aims to ensure that veterans' entitlements are accurately aligned with the latest medical evidence regarding chronic myeloid leukaemia.
Scope and Application
This legislation pertains to amendments concerning chronic myeloid leukaemia, as outlined in the Veterans' Entitlements Act 1986. Specifically, it replaces certain factors and definitions in Statement of Principles Instrument No. 16 of 2003, which deals with the condition. The amendments involve altering the factors related to ionising radiation and treatment with radioactive iodine, redefining "cumulative equivalent dose," and removing the definitions of "a course of therapeutic radiation" and "atomic radiation." The Repatriation Medical Authority undertook this amendment process after advertising its intention to investigate the matter, inviting submissions from relevant parties, and considering feedback received. The Instrument specifies a date of effect for these changes, thereby formalising the modifications. The legislation applies to veterans and service personnel who may be affected by these changes, particularly those who have been diagnosed with chronic myeloid leukaemia and are seeking benefits or compensation under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004.
Key Provisions
The main operative sections of this legislation involve the amendment of Statement of Principles Instrument No. 16 of 2003 concerning chronic myeloid leukaemia (sections 2 and 3). This Instrument, which is numbered 48 of 2011, replaces existing factors related to ionising radiation and treatment with radioactive iodine, and redefines the term "cumulative equivalent dose" as per clause 8. Additionally, the Instrument deletes the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 8. The Repatriation Medical Authority also specifies a date of effect for this amendment, in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3).
The Repatriation Medical Authority is required to undertake investigations into certain conditions and amend the Statement of Principles accordingly (subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986). In this case, the Authority advertised its intention to investigate chronic myeloid leukaemia in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and invited submissions from relevant organisations and individuals. This process involved circulating notices of intention to investigate and inviting submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the Veterans’ Entitlements Act 1986, and any person with expertise in the field (section 4).
Any breach of the obligations and requirements imposed by this legislation may result in civil or criminal consequences. However, the specific offences, penalties, or consequences are not outlined in the explanatory notes. The maximum penalties for breaches of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 may apply, depending on the nature and severity of the breach. It is important for parties and entities governed by this legislation to adhere to the requirements and obligations outlined in the Act to avoid potential legal repercussions.