Overview

The Repatriation Medical Authority Instrument No. 45 of 2009, an amendment to Statement of Principles Instrument No. 74 of 2008, was enacted in 2009 to address discrepancies and inaccuracies within the Veterans' Entitlements Act 1986 (VEA) concerning the condition of deep vein thrombosis. This legislative instrument was introduced to correct a typographical error and provide an accurate definition of hyperhomocysteinaemia, ensuring consistency and clarity in the application of the Act. The enacting body, the Repatriation Medical Authority, finalised the investigation into this matter following an advertisement of intent in the Government Notices Gazette of 29 April 2009 and inviting submissions from relevant organisations and experts. This instrument aims to rectify the previous oversight and provide clear guidelines for the assessment and treatment of deep vein thrombosis among veterans.

Scope and Application

The Veterans' Entitlements Act 1986 Statement of Principles Instrument No. 45 of 2009, issued by the Repatriation Medical Authority, amends the previous Instrument No. 74 of 2008 concerning deep vein thrombosis. This legislative instrument applies to veterans and service personnel, as well as their dependants, and is specifically designed to rectify and clarify medical terminology within the existing legal framework. The instrument replaces the term "hyperhomocystinaemia" with "hyperhomocysteinaemia" and adjusts the definitions accordingly. This change is effective within the Commonwealth of Australia and is intended to ensure consistency and accuracy in medical terminology used in veterans' entitlements claims and assessments. The instrument is applicable to any person or organisation referred to in section 196E of the Veterans’ Entitlements Act 1986, and any submissions or requests for references relating to this amendment must be directed to the Registrar of the Repatriation Medical Authority. This legislative amendment is part of the broader effort to refine and enhance the legislative instruments governing veterans’ entitlements, ensuring that medical conditions are accurately and appropriately addressed in the statutory context.

Key Provisions

The main operative sections of the Repatriation Medical Authority Instrument No. 45 of 2009 are the amendments it makes to the Statement of Principles Instrument No. 74 of 2008, which concerns deep vein thrombosis. Specifically, it replaces the term "hyperhomocystinaemia" with "hyperhomocysteinaemia" in clause 6(p) (section 2). It also removes the previous definition of "hyperhomocystinaemia" from clause 9 and inserts a new definition for the term in the same clause (section 2). The instrument further specifies a date of effect for these amendments in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3). The Repatriation Medical Authority has imposed certain obligations and requirements on the parties it governs through this instrument. The Authority must advertise its intention to investigate in relation to the condition being amended, as it did with the investigation into deep vein thrombosis, by publishing a notice in the Government Notices Gazette and circulating it to relevant organisations and persons (section 4). The Authority also invites submissions from the Repatriation Commission, organisations, and individuals with expertise in the field during the investigation (section 4). However, in this instance, no submissions were received (section 4). The Authority must finalise the investigation once the new instrument is determined (section 5). Breaching the requirements set out in the Repatriation Medical Authority Instrument No. 45 of 2009 does not explicitly result in civil or criminal penalties. However, failure to comply with the statutory requirements for determining legislative instruments could potentially result in legal challenges to the validity of the instrument. Additionally, failure to follow the procedures for advertising and inviting submissions might lead to administrative consequences, such as delays in the legislative process or reputational damage to the Authority. The maximum penalties for offences related to the Legislative Instruments Act 2003 or the Veterans’ Entitlements Act 1986 are not directly addressed in the explanatory statement for this instrument.