REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 80 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 80 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 36 of 2009, as amended by Instrument No. 60 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(dd) respectively;
- Re-numbering existing factors 6(ii) to 6(qq) as 6(ee) to 6(mm) 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. 80 of 2011 amends the Veterans’ Entitlements Act 1986, updating the Statement of Principles concerning fibrosing interstitial lung disease. The Repatriation Medical Authority, established under the Veterans’ Entitlements Act 1986, determined this Instrument to address the need for an updated medical understanding and legislative clarity regarding the disease's causes and contributing factors. This legislative update was enacted to ensure that the legal framework accurately reflects current medical knowledge and provides appropriate entitlements and compensation for affected veterans. The Authority invited submissions from relevant organisations and experts during the investigation phase, although no submissions were received. The Instrument finalises the investigation announced in the Government Notices Gazettes on 1 September 2010 and 3 November 2010, and it specifies a date of effect in accordance with the Legislative Instruments Act 2003.
Scope and Application
This legislation, F2011L00732, pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It concerns the Repatriation Medical Authority's determination under subsections 196B(3) and 196B(8) of the Veterans' Entitlements Act 1986, specifically amending Statement of Principles Instrument No. 36 of 2009, as amended by Instrument No. 60 of 2010, regarding fibrosing interstitial lung disease. The changes include replacing certain existing factors with new ones concerning 'ionising radiation', deleting other factors as they are now subsumed by the new factors, and re-numbering subsequent factors accordingly. The Authority also replaced the definition of "cumulative equivalent dose" in clause 9 and removed the definitions of "a course of therapeutic radiation" and "atomic radiation". The amendments come into effect as per the Legislative Instruments Act 2003. This Instrument applies to veterans and service personnel who may have been affected by fibrosing interstitial lung disease, and the Authority invited submissions from relevant parties during the investigation process, although none were received. The Authority will provide a list of references relating to the condition upon request to specified persons or organisations.
Key Provisions
This Instrument, numbered 80 of 2011, amends the Veterans’ Entitlements Act 1986 (VEA) through the Veterans’ Entitlements Act 1986 Statement of Principles Instrument, addressing fibrosing interstitial lung disease. The main operative sections (sections 2 to 6) of this instrument involve the replacement and deletion of certain factors and clauses, as well as the re-numbering of others, all aimed at updating the existing Statement of Principles Instrument No. 36 of 2009. Specifically, existing factors 6(k) and 6(ff) are replaced with new factors concerning 'ionising radiation', while factors 6(l), 6(m), 6(gg), and 6(hh) are deleted as they are now subsumed by the new factors. Clause 7 is also replaced to reflect these changes, and the definition of "cumulative equivalent dose" in clause 9 is updated, while the definitions of "a course of therapeutic radiation" and "atomic radiation" are removed.
The Repatriation Medical Authority is obligated to conduct investigations and make determinations in relation to veterans' conditions, as stipulated in the VEA. This particular Instrument follows such an investigation into fibrosing interstitial lung disease, which was publicly advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010. The Authority sought submissions from relevant organisations and individuals with expertise in the field, although no submissions were received for consideration. The Authority must also ensure that a list of references relating to the condition is available to relevant parties upon request.
The consequences for non-compliance with the provisions of the VEA and this Instrument are not explicitly detailed in the text. However, under the general legislative framework, breaches of the VEA can lead to civil and criminal penalties, depending on the nature and severity of the breach. The specific penalties for breaches of this Instrument would be aligned with those stipulated in the VEA and other relevant legislation, which may include fines and imprisonment for more serious violations. The exact penalties would be determined based on the particular circumstances of each case and the applicable laws at the time of the breach.