Overview

The Repatriation Medical Authority Instrument No. 41 of 2010 is an amendment to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument addresses the problem of the recognition and compensation for veterans suffering from depressive disorder, particularly in relation to the impact of severe childhood abuse. The Repatriation Medical Authority, under the authority vested in it by the VEA, has determined this instrument to add a specific factor concerning severe childhood abuse to the existing Statement of Principles Instrument No. 28 of 2008. This legislative instrument also includes a definition for 'severe childhood abuse' to ensure clarity and consistency in application. The Authority followed due process by advertising its intention to investigate in the Government Notices Gazette and inviting submissions from relevant parties, though no submissions were received. The effective date of the amendment is set in accordance with the Legislative Instruments Act 2003, finalising the investigation as advertised. The Authority maintains a list of references for those interested in the condition, accessible upon written request.

Scope and Application

This instrument, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, amends Statement of Principles Instrument No. 28 of 2008 concerning depressive disorder by incorporating severe childhood abuse as a recognised factor for the condition. The Repatriation Medical Authority (the Authority) has introduced this amendment through Statement of Principles Instrument No. 41 of 2010, which adds factor 6(a)(xii) to the list of contributing factors for depressive disorder, alongside a definition for 'severe childhood abuse'. This amendment extends to all individuals and entities covered by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, thereby affecting veterans, service personnel, and their dependants who may be eligible for compensation or rehabilitation benefits. The Authority's determination follows an investigation into depressive disorder, which was advertised in the Government Notices Gazette and open to submissions from relevant parties, although none were received. The amendment's effective date is specified in accordance with the Legislative Instruments Act 2003, ensuring its timely implementation and application.

Key Provisions

The key operative sections of this legislation include the determination of the Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA) to amend Statement of Principles Instrument No. 28 of 2008 concerning depressive disorder. Specifically, the Authority has added a new factor 6(a)(xii) regarding 'severe childhood abuse' and a corresponding definition for 'severe childhood abuse' in clause 9 of the Statement of Principles (Section 2). Additionally, the legislation specifies a date of effect for the amendment, complying with subsection 12(1)(a) of the Legislative Instruments Act 2003 (Section 3). The Authority finalised the investigation into depressive disorder, which was advertised on 24 June 2009, by determining this instrument, thereby completing the process initiated by the Government Notices Gazette (Section 5). The Repatriation Medical Authority has imposed certain obligations on itself and potentially on other entities involved in the investigation and amendment process. This includes advertising its intention to investigate depressive disorder in the Government Notices Gazette and circulating notices to a wide range of organisations representing veterans, service personnel, and their dependants (Section 4). The Authority also invited submissions from the Repatriation Commission, organisations, and individuals with expertise in the field, although no submissions were received during the investigation (Section 4). The Authority must also ensure that a list of references relating to the condition is made available to any person or organisation as specified in subsection 196E(1)(a) to (c) of the VEA upon written request (Section 6). The legislation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, it does outline the formal process by which the Repatriation Medical Authority must operate, including the requirement to advertise investigations and make lists of references available upon request. Failure to comply with these procedural obligations could potentially lead to legal challenges or administrative penalties, though such consequences are not explicitly detailed in the text. The determination of the instrument and the amendment to the Statement of Principles are made with the aim of providing clarity and support to affected veterans, ensuring that the legislative process is transparent and inclusive.