REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 38 OF 2010
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. 38 of 2010.
- This instrument amends Statement of Principles Instrument No. 39 of 2007, as amended by Instrument No. 80 of 2008, concerning intervertebral disc prolapse by:
- revising factors 6(da) & 6(ka) concerning 'flying in a powered aircraft'; and
- revising the definition of 'high performance aircraft' in clause 9.
3. This 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 intervertebral disc prolapse in the Government Notices Gazette of 29 April 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. Four submissions were received for consideration by the Authority during the investigation.
5. The determining of this instrument finalises the investigation in relation to intervertebral disc prolapse as advertised in the Government Notices Gazette of 29 April 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. 38 of 2010 was enacted under the Veterans’ Entitlements Act 1986 to address specific concerns related to intervertebral disc prolapse. This instrument amends the Statement of Principles Instrument No. 39 of 2007, which was previously modified by Instrument No. 80 of 2008. It revises certain factors and the definition of "high performance aircraft" to provide clearer criteria for the assessment of claims related to intervertebral disc prolapse. The instrument was determined following an investigation announced in the Government Notices Gazette on 29 April 2009, during which the Authority invited submissions from relevant stakeholders. This legislative instrument aims to finalise the investigation and update the criteria to better support affected veterans.
Scope and Application
The Veterans’ Entitlements Act 1986, as amended by the Military Rehabilitation and Compensation Act 2004, governs the establishment of the Repatriation Medical Authority which has the power to determine specific instruments regarding veterans' entitlements. This legislative framework allows the Authority to amend Statements of Principles concerning various conditions affecting veterans, such as intervertebral disc prolapse. Instrument No. 38 of 2010, under subsection 196B(2) and (8) of the Act, revises previous statements to adjust factors and definitions related to the condition, specifically addressing 'flying in a powered aircraft' and the definition of 'high performance aircraft'. This instrument is applicable to veterans and service personnel who may have been affected by intervertebral disc prolapse, thereby impacting their eligibility for certain benefits under the Act. The instrument's effect is regulated under subsection 12(1)(a) of the Legislative Instruments Act 2003 and applies nationally, as it pertains to the overarching provisions of the Veterans’ Entitlements Act 1986. The Authority's determination process includes public notices and invitations for submissions from relevant stakeholders, ensuring a thorough review before finalising the instrument.
Key Provisions
The Repatriation Medical Authority Instrument No. 38 of 2010 amends Statement of Principles Instrument No. 39 of 2007, as amended by Instrument No. 80 of 2008, with specific changes regarding intervertebral disc prolapse. Under section 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA), the Authority revised factors 6(da) and 6(ka) concerning 'flying in a powered aircraft' and clarified the definition of 'high performance aircraft' in clause 9.3. These changes aim to provide a more precise understanding and application of the conditions surrounding intervertebral disc prolapse claims by veterans and service personnel.
The obligations imposed by this Instrument on the parties governed by the VEA include adherence to the revised criteria and definitions specified within the amended Statement of Principles. For example, the Authority requires that any claim involving intervertebral disc prolapse must now consider the updated factors and definitions to determine eligibility for benefits. The Authority's decision-making process also involves inviting submissions from relevant organisations and experts to ensure a comprehensive review of the conditions and factors related to the claims.
There are no explicit offences, penalties, or civil/criminal consequences outlined within this specific Instrument. However, the broader framework provided by the VEA and the Military Rehabilitation and Compensation Act 2004 does include provisions for non-compliance and fraudulent claims. Under these Acts, offences can lead to penalties including fines and imprisonment, with the exact penalties depending on the severity and nature of the breach. The Authority’s role in enforcing compliance with the legislative requirements ensures that any breaches are subject to these broader legislative consequences.