REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 80 OF 2008

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. 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. 80 of 2008.  This instrument amends Statement of Principles Instrument No. 39 of 2007 concerning intervertebral disc prolapse by:

• revising factors 6(d) & 6(k) concerning 'driving a motor vehicle';
• inserting new factors 6(da) & 6(ka) concerning 'flying a motorised aircraft'; and
• revising the definition of 'high performance aircraft' in clause 9.

2.             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.

3.             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 25 June 2008.  The investigation focussed only on the issue of 'aircraft flight'.  The Authority circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants and 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.  One submission was received for consideration by the Authority during the investigation.

4.             The determination of this new instrument finalises the investigation in relation to intervertebral disc prolapse as advertised in the Government Notices Gazette of 25 June 2008.

5.             A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.