REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 79 OF 2011
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(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 79 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 35 of 2009, as amended by Instrument No. 59 of 2010, concerning fibrosing interstitial lung disease by:
- Replacing existing factors 6(k) & 6(ff) with factors concerning 'ionising radiation';
- Deleting existing factors 6(l) & 6(m) as they are now subsumed by new factor 6(k);
- Deleting existing factors 6(gg) & 6(hh) as they are now subsumed by new factor 6(ff);
- Re-numbering existing factors 6(n) to 6(ff) as 6(l) to 6(ee) respectively;
- Re-numbering existing factors 6(ii) to 6(qq) as 6(ff) to 6(oo) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.
3. This Instrument also specifies a date of effect for the amendment in accordance with subsection 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 fibrosing interstitial lung disease in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and circulated a copy of the notices 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 Instrument finalises the investigation in relation to fibrosing interstitial lung disease as advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010.
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. 79 of 2011 amends the Statement of Principles concerning fibrosing interstitial lung disease as set out in the Veterans’ Entitlements Act 1986. This legislative instrument addresses gaps and updates factors related to ionising radiation and other relevant causes, ensuring that the criteria for determining veterans' entitlements are comprehensive and reflective of current medical understanding. The Authority, acting under the authority granted by the VEA, conducted an investigation into the condition and invited submissions from relevant stakeholders, although none were received. The instrument finalises this investigation and specifies a date of effect, ensuring that the changes are implemented in a timely and organised manner.
The Repatriation Medical Authority, as part of its mandate under the VEA, determined this instrument to provide clarity and updated criteria for assessing claims related to fibrosing interstitial lung disease. This legislative amendment is designed to address specific factors concerning ionising radiation and other potential causes, thereby improving the accuracy and fairness of the assessment process for veterans. The instrument was gazetted and relevant notices were circulated to affected parties, ensuring transparency and opportunity for input during the investigation phase.
Scope and Application
The Repatriation Medical Authority Instrument No. 79 of 2011, under the Veterans’ Entitlements Act 1986, amends Statement of Principles Instrument No. 35 of 2009 concerning fibrosing interstitial lung disease, which applies to veterans and service personnel. This legislative instrument replaces and renumbers certain existing factors related to the disease, specifically addressing ionising radiation and removing outdated factors that have been subsumed by the new provisions. The amendments reflect the Authority's investigation and determination process, which included public notices in the Government Notices Gazettes and invitations for submissions from relevant organisations and experts, although no submissions were received. The changes to the Statement of Principles are effective from a date specified in accordance with the Legislative Instruments Act 2003. This instrument, by modifying the criteria for recognising fibrosing interstitial lung disease as service-related, directly impacts the eligibility and assessment of veterans’ claims under the Act.
Key Provisions
The main operative sections of this legislation, specifically the Repatriation Medical Authority Instrument No. 79 of 2011, pertain to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument amends Statement of Principles Instrument No. 35 of 2009 concerning fibrosing interstitial lung disease. The amendments include replacing existing factors 6(k) and 6(ff) with new factors related to 'ionising radiation', deleting factors 6(l), 6(m), 6(gg), and 6(hh) as they are subsumed by the new factors, and re-numbering subsequent factors to close any gaps in the sequence. The Instrument also replaces clause 7 and redefines 'cumulative equivalent dose' in clause 9, while removing the definitions of 'a course of therapeutic radiation' and 'atomic radiation'. This legislative change sets a specific date of effect in accordance with the Legislative Instruments Act 2003.
The obligations imposed by this Instrument on the parties it governs include the requirement for the Repatriation Medical Authority to undertake an investigation into fibrosing interstitial lung disease, as advertised in the Government Notices Gazettes. The Authority is mandated to invite submissions from relevant stakeholders, including the Repatriation Commission and any persons or organisations with expertise in the field. Although no submissions were received, the process ensures that all interested parties had the opportunity to provide input. The Authority must also make a list of references relating to the condition available to specified persons or organisations upon request.
The Repatriation Medical Authority Instrument No. 79 of 2011 does not explicitly outline specific offences, penalties, or consequences for breaches. However, the legislative framework within which this Instrument operates, particularly the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, may impose various penalties for non-compliance with the terms of the Acts. These could include administrative penalties, fines, or legal actions under the relevant Acts. The precise penalties would depend on the nature and severity of the breach, and would be governed by the specific provisions of the primary Acts.