Overview

The Repatriation Medical Authority Instrument No. 81 of 2011 amends Statement of Principles Instrument No. 107 of 2007 concerning cirrhosis of the liver, under the authority granted by subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986. This Instrument was introduced to address the need for an updated consideration of the causes and contributing factors of cirrhosis of the liver in veterans, with a particular focus on ionising radiation. The Repatriation Medical Authority undertook an investigation into this matter, advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010, inviting submissions from relevant parties; however, no submissions were received. The Instrument replaces and renumbers several factors related to the condition, and updates the definition of "cumulative equivalent dose" while removing the definition of "atomic radiation". The changes are effective from a date specified in accordance with the Legislative Instruments Act 2003. This legislative amendment aims to ensure that the assessment of veterans' entitlements accurately reflects current understandings of the medical conditions in question.

Scope and Application

This Instrument, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, modifies the Statement of Principles Instrument No. 107 of 2007 concerning cirrhosis of the liver. The Repatriation Medical Authority has updated the Statement of Principles to incorporate new factors related to ionising radiation, replacing and re-numbering existing factors in the process. The amendments are effective as per the Legislative Instruments Act 2003 and finalise an investigation into cirrhosis of the liver that was advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010. Although the Authority invited submissions from relevant parties, none were received. This Instrument applies to veterans and service personnel, as well as their dependants, and pertains to the assessment of their medical conditions for the purposes of repatriation entitlements. It operates under the Commonwealth jurisdiction and does not specify any exclusions, exemptions, or thresholds in the text provided. The scope of the Instrument may be further extended or restricted through subordinate instruments, although this is not detailed in the explanatory notes.

Key Provisions

The Repatriation Medical Authority Instrument No. 81 of 2011, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, amends the Statement of Principles Instrument No. 107 of 2007. This amendment specifically concerns cirrhosis of the liver, replacing and deleting certain factors to incorporate considerations of ionising radiation. The new factors 6(j) and 6(jj) replace the previous factors 6(j) and 6(jj), while factors 6(k) and 6(l), as well as 6(kk) and 6(ll), are deleted as they are subsumed by the new provisions. The remaining factors are renumbered accordingly, and clause 7 is updated to reflect these changes. Additionally, the definition of "cumulative equivalent dose" in clause 9 is replaced, and the definition of "atomic radiation" is removed from the same clause. This legislative amendment imposes several obligations on the parties and entities it governs. Firstly, the Repatriation Medical Authority is mandated to review and adjust the Statement of Principles concerning cirrhosis of the liver, ensuring it aligns with current medical and scientific understanding. This involves updating the criteria for assessing the condition in relation to ionising radiation exposure. Additionally, any person or organisation referred to in section 196E of the Veterans’ Entitlements Act is entitled to request a list of references used in the amendment process. These references must be provided in writing to the Repatriation Medical Authority. Failure to comply with the provisions of this Instrument could lead to civil or administrative consequences. Although the explanatory notes do not explicitly state penalties for non-compliance, breaches of legislative instruments under the Veterans’ Entitlements Act or the Military Rehabilitation and Compensation Act could potentially incur penalties as outlined in those Acts. Typically, such penalties could include fines or other sanctions for non-compliance with statutory requirements. The Instrument also specifies a date of effect for the amendment, in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. This ensures that the changes are implemented at a specific time, providing clarity and consistency for those governed by the legislation. The Authority's process involved advertising its intention to investigate in the Government Notices Gazettes on 1 September 2010 and 3 November 2010, and inviting submissions from relevant organisations and experts. Despite the invitation, no submissions were received for consideration. The finalising of this Instrument marks the conclusion of the investigation into cirrhosis of the liver, ensuring that all relevant considerations are addressed and the legislative framework is updated accordingly.