REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 82 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. 82 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 108 of 2007 concerning cirrhosis of the liver by:
- Replacing existing factors 6(j) & 6(gg) with factors concerning 'ionising radiation';
- Deleting existing factor 6(k) as it is now subsumed by new factor 6(j);
- Deleting existing factor 6(hh) as it is now subsumed by new factor 6(gg);
- Re-numbering existing factors 6(l) to 6(gg) as 6(k) to 6(ff) respectively;
- Re-numbering existing factors 6(ii) to 6(uu) as 6(gg) to 6(ss) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors.
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 cirrhosis of the liver 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. No submissions were received for consideration by the Authority during the investigation.
5. The determining of this Instrument finalises the investigation in relation to cirrhosis of the liver 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. 82 of 2011 amends Statement of Principles Instrument No. 108 of 2007, addressing the condition of cirrhosis of the liver, as stipulated in the Veterans’ Entitlements Act 1986. This legislative instrument was enacted to adjust the criteria for the medical condition in question by introducing new factors related to ionising radiation and removing redundant factors, thereby refining the assessment and eligibility criteria for veterans and service personnel seeking compensation. The Authority, as mandated by the Legislative Instruments Act 2003, conducted an investigation into the condition, advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and sought input from relevant stakeholders, though no submissions were received. The finalisation of this Instrument marks the conclusion of this investigation, with a date of effect specified in accordance with the legislative framework.
Scope and Application
The Repatriation Medical Authority Instrument No. 82 of 2011 amends Statement of Principles Instrument No. 108 of 2007 concerning cirrhosis of the liver under the Veterans’ Entitlements Act 1986 (VEA). This legislative instrument applies to veterans and service personnel affected by cirrhosis of the liver, particularly those who may have developed the condition due to exposure to ionising radiation during their service. The amendment involves replacing certain factors related to the condition with new factors concerning ionising radiation, and re-numbering other factors to accommodate these changes. The instrument is part of the broader Veterans’ Entitlements Act, which provides various benefits and compensation to eligible veterans and their families. The instrument's application extends to the Commonwealth jurisdiction, affecting those who are covered under the VEA. No specific exclusions or exemptions are stated in the explanatory notes, but the Authority's determination process includes public consultation and invites submissions from relevant parties. The amendment comes into effect on a specified date as per the Legislative Instruments Act 2003, concluding the investigation into cirrhosis of the liver announced in the Government Notices Gazettes.
Key Provisions
The key sections of this legislation pertain to the amendment of the Statement of Principles concerning cirrhosis of the liver, as outlined in Statement of Principles Instrument No. 82 of 2011 (section 2). This amendment involves replacing existing factors with new ones related to 'ionising radiation', deleting certain factors that are now subsumed by new factors, and re-numbering subsequent factors to maintain consistency. The changes are made to reflect the updated understanding of the condition and its contributing factors, as required by subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA). Additionally, the amendment specifies an effective date for these changes, in line with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3).
The obligations imposed by this Act on the parties involved primarily concern the Repatriation Medical Authority, which is tasked with determining the amendments to the Statement of Principles (section 2). The Authority must ensure that the investigation into cirrhosis of the liver is conducted thoroughly, including advertising its intention to investigate and inviting submissions from relevant stakeholders. This process is designed to ensure that the changes to the Statement of Principles are informed by the latest available evidence and expert opinion. Furthermore, the Authority must make the list of references relating to the condition available to specified persons and organisations upon request, as stipulated in subsection 196E(1)(a) to (c) of the VEA (section 6).
In terms of potential breaches and consequences, the Act does not explicitly outline specific offences or penalties within the provided text. However, it is reasonable to infer that any failure by the Repatriation Medical Authority to comply with the obligations set forth, such as neglecting to properly investigate or consider relevant submissions, could lead to legal or administrative repercussions. While the text does not provide explicit maximum penalties, such breaches could potentially result in legal challenges, administrative reviews, or other consequences as determined by relevant legislation or administrative law principles.