Amendment of Statement of Principles concerning diverticular disease of the colon No. 281 of 1995

Overview

The Repatriation Medical Authority, under the authority conferred by the Veterans’ Entitlements Act 1986, has introduced an amendment to the Statement of Principles concerning diverticular disease of the colon to address the gap in the existing provisions regarding the connection between the disease and the service rendered by veterans. This legislative instrument, numbered 281 of 1995, modifies Instrument No.68 of 1994 by specifying that the relationship between diverticular disease of the colon and the service rendered applies to eligible war service, excluding operational service, and defence service, excluding hazardous service. This amendment aims to clarify the circumstances under which the disease can be considered connected to service, thereby ensuring that affected veterans receive appropriate recognition and support. The amendment applies to all relevant matters, thereby updating the legislative framework to more accurately reflect the medical-scientific evidence available at the time of the amendment.

Scope and Application

The Legislative Instrument No. 281 of 1995 amends Instrument No. 68 of 1994 concerning the Statement of Principles on diverticular disease of the colon under the Veterans' Entitlements Act 1986. This amendment applies to veterans and members of the Australian Defence Force and pertains to the eligibility criteria for the connection between diverticular disease of the colon and service rendered, excluding operational and hazardous service. The amendment specifies that the disease must be related to "eligible war service (other than operational service)" and "defence service (other than hazardous service)" for veterans and members of the forces respectively. These amendments extend to all matters governed by Instrument No. 68 of 1994 and section 120B of the Veterans’ Entitlements Act 1986. The legislative instrument is a Commonwealth instrument, thereby applying across Australia and is subject to the provisions of the Act. This amendment ensures that the criteria for linking diverticular disease of the colon with service are clearly defined, thereby affecting the eligibility for compensation and benefits under the Act.

Key Provisions

The primary changes introduced by Instrument No.281 of 1995 (C2010L00062) relate to the Statement of Principles concerning diverticular disease of the colon, as amended under the Veterans’ Entitlements Act 1986 (the Act) (ss.196B(3)). This legislative instrument specifically modifies the original Instrument No.68 of 1994 by adding certain caveats to the types of service considered in the context of this disease. Specifically, it introduces the phrases "(other than operational service)" and "(other than hazardous service)" into the relevant paragraphs, thereby narrowing the scope of the service types to which the disease can be related (s.1). The amendments apply to all matters governed by Instrument No.68 of 1994 and section 120B of the Act, thereby ensuring a comprehensive update across the relevant legislative framework. The obligations imposed by this amendment are primarily on the Repatriation Medical Authority, which must now consider the specified caveats when determining the relationship between diverticular disease of the colon and the service rendered by veterans and members of the Forces. This includes a reassessment of the medical-scientific evidence available to determine the probability that the disease can be connected to service, excluding operational and hazardous service scenarios. The Authority must ensure that any determination made aligns with these updated criteria, reflecting a more nuanced understanding of the potential causes of the disease in relation to military service. Failure to comply with the provisions outlined in this amendment could result in legal consequences for the Repatriation Medical Authority, particularly if their determinations are found to be inconsistent with the updated criteria. While the specific penalties for non-compliance are not detailed in the text, breaches of legislative instruments generally may lead to civil or administrative penalties under the relevant legislation. For instance, the Act itself may provide for penalties for non-compliance with its provisions, which could include fines or other corrective actions. Additionally, affected veterans and members of the Forces may seek legal redress if they believe they have been adversely impacted by a failure to adhere to the updated Statement of Principles.