Overview

The Repatriation Medical Authority Instrument No. 37 of 2009 amends the Statement of Principles concerning epileptic seizure as outlined in Instrument No. 47 of 2005, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument introduces new factor 6(zda) concerning 'RDX' and provides a definition for 'RDX' in clause 9. It was enacted to address the gap in the existing framework regarding the causes and conditions linked to epileptic seizures in veterans, particularly in relation to exposure to RDX. The instrument was determined by the Repatriation Medical Authority in accordance with the provisions of the Legislative Instruments Act 2003, specifying a date of effect for the amendment. The Authority undertook an investigation into epileptic seizures, inviting submissions from relevant parties, although no submissions were received. The determination of this instrument concludes the investigation and updates the legislative framework to better address the needs of veterans suffering from such conditions.

Scope and Application

The Repatriation Medical Authority Instrument No. 37 of 2009, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, amends the Statement of Principles concerning epileptic seizures to include a new factor, factor 6(zda), relating to 'RDX'. This amendment is effective as specified under the Legislative Instruments Act 2003. The Authority, in its determination, introduced this change after advertising its intention to investigate epileptic seizures in the Government Notices Gazette of 27 August 2008, and inviting submissions from relevant organisations and experts. The Authority received no submissions during this investigation. The new instrument concludes the investigation and specifies the date of effect for the amendment. This legislative instrument applies to veterans and their dependants who may have experienced epileptic seizures related to exposure to RDX, and it extends to the Commonwealth jurisdiction. The Authority has made references related to the condition available to specified persons or organisations upon written request.

Key Provisions

The main operative sections of this instrument, Instrument No. 37 of 2009, amend the existing Statement of Principles Instrument No. 47 of 2005 concerning epileptic seizures (section 2). Specifically, the instrument introduces a new factor, 6(zda), which addresses 'RDX', and it also provides a definition for 'RDX' in clause 9. This amendment is made under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA) and is effective as per subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3). The instrument also notes that the Authority advertised its intention to investigate epileptic seizures in the Government Notices Gazette of 27 August 2008, inviting submissions from relevant stakeholders (section 4). The Repatriation Medical Authority has specific obligations under this instrument. It must ensure that the new Statement of Principles concerning epileptic seizures is thoroughly investigated and appropriately amended. This includes advertising the intention to investigate, inviting submissions from relevant parties, and incorporating any new factors or definitions as appropriate. In this case, the Authority has introduced factor 6(zda) concerning 'RDX' and defined 'RDX' in clause 9. The Authority must also ensure that the new instrument is communicated effectively to stakeholders and that any references or supporting materials are made available upon request (section 6). There are no explicit offences, penalties, or consequences outlined in the explanatory notes for failing to comply with the provisions of this instrument. However, the legislative framework within which this instrument operates, particularly the VEA and the Legislative Instruments Act 2003, includes provisions for compliance and enforcement. Non-compliance with legislative requirements can result in legal action, administrative penalties, or other consequences as determined by the relevant authorities. The specific consequences would depend on the nature and severity of the breach and the provisions of the relevant Acts. The Authority's role in ensuring the accuracy and relevance of the Statement of Principles is crucial for the effective administration of veterans' entitlements. By amending the Statement of Principles to include new factors like 'RDX', the Authority aims to provide a more comprehensive framework for assessing and addressing the medical conditions of veterans, including those related to epileptic seizures. This ensures that veterans receive the appropriate support and compensation based on the most current and accurate medical understanding.