REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 48 OF 2009
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. 48 of 2009.
2. This instrument amends Instrument No. 48 of 2008 Statement of Principles concerning eating disorder (‘the Instrument’) by replacing the definition for "severe childhood abuse" in clause 9.
3. The Instrument also specifies a date of effect for the amendment in accordance with sub-section 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 eating disorder in the Government Notices Gazette of 14 January 2009, and circulated a copy of the notice 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 new instrument finalises the investigation in relation to eating disorder as advertised in the Government Notices Gazette of 14 January 2009.
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. 48 of 2009 amends the Statement of Principles concerning eating disorders, specifically addressing the definition of "severe childhood abuse" as outlined in clause 9. Enacted under the authority granted by subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986, this instrument seeks to refine the criteria for recognising eating disorders linked to severe childhood abuse in the context of veterans’ entitlements. The Legislative Instruments Act 2003 provides the framework for this amendment, which came into effect on a specified date as per sub-section 12(1)(a) of that Act. The Authority conducted an investigation into eating disorders, advertised in the Government Notices Gazette on 14 January 2009, and invited submissions from relevant parties, although none were received. This instrument marks the conclusion of the Authority's investigation into the specified condition.
Scope and Application
The Repatriation Medical Authority Instrument No. 48 of 2009 pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, focusing specifically on amending the definition of "severe childhood abuse" in the context of eating disorders. This amendment applies to veterans and service personnel who have experienced eating disorders, impacting their eligibility for certain benefits and compensations under the mentioned Acts. The Authority’s decision is informed by an investigation initiated in January 2009, although no submissions were received during this process. The amendment is effective as per the Legislative Instruments Act 2003, and the new Instrument replaces the previous definition in Statement of Principles Instrument No. 48 of 2008. The Authority, in determining this instrument, has finalised the investigation into the specified condition, which was publicly advertised. References related to this condition are accessible upon request to the Repatriation Medical Authority, ensuring transparency and accessibility for affected individuals and relevant organisations.
Key Provisions
The Veterans’ Entitlements Act 1986, as amended by the Military Rehabilitation and Compensation Act 2004, provides the legal framework for the Repatriation Medical Authority (RMA) to determine specific medical conditions and related entitlements for veterans. Section 196B(3) and (8) of the Act allows the RMA to issue Instruments that amend the Statement of Principles, such as Instrument No. 48 of 2009, which specifically addresses eating disorders. This particular instrument revises the definition of "severe childhood abuse" within clause 9 of the existing Statement of Principles Instrument No. 48 of 2008. The legislative instruments act 2003 outlines the procedures for the implementation of these amendments, including the date of effect specified in subsection 12(1)(a).
The new instrument imposes several obligations on the RMA and other relevant parties. Before determining the new instrument, the RMA advertised its intention to investigate eating disorders in the Government Notices Gazette on 14 January 2009, and solicited submissions from various organisations and individuals with expertise in the field. Despite this invitation, no submissions were received for consideration. Once the new instrument is finalised, it marks the conclusion of the investigation into eating disorders as advertised. Furthermore, the Act mandates that a list of references related to the condition be made available to specified entities upon written request to the RMA.
Breaching the obligations set out in the Act or failing to comply with the requirements of the Statement of Principles can have serious consequences. While the explanatory notes do not specify particular offences or penalties, the Veterans’ Entitlements Act 1986 and related legislation generally provide for both civil and criminal penalties for non-compliance. These can include fines and imprisonment for criminal offences, as well as potential civil penalties such as compensation claims for incorrect decisions or delays in processing entitlements. The exact penalties depend on the nature and severity of the breach, as outlined in the relevant sections of the Act.