Overview

The Repatriation Medical Authority Instrument No. 126 of 2011 amends Statement of Principles Instrument No. 90 of 2007, as amended, concerning ischaemic heart disease under the Veterans’ Entitlements Act 1986. This legislation was enacted to address specific factors related to 'non-steroidal anti-inflammatory class of drugs' affecting veterans. The Repatriation Medical Authority, an instrumentality of the Commonwealth, determined this amendment following an investigation initiated by an advertisement in the Government Notices Gazette on 23 March 2011. The Authority sought submissions from relevant stakeholders, including the Repatriation Commission and organisations representing veterans, to inform its decision. The objective of this amendment is to refine the criteria for assessing ischaemic heart disease in veterans, ensuring that the medical and compensation processes are accurate and reflective of current medical understanding.

Scope and Application

The Repatriation Medical Authority Instrument No. 126 of 2011 amends Statement of Principles Instrument No. 90 of 2007, as amended, concerning ischaemic heart disease under the Veterans’ Entitlements Act 1986 (VEA). This Instrument specifically replaces factors 6(o) and 6(ee) that pertain to the 'non-steroidal anti-inflammatory class of drugs'. The Instrument applies to veterans and service personnel who may be affected by the changes in the listed factors related to ischaemic heart disease. The Authority, under subsection 196B(3) and (8) of the VEA, has determined this Instrument, which is effective as per subsection 12(1)(a) of the Legislative Instruments Act 2003. It is applicable nationally, and the Authority's decision finalises the investigation into ischaemic heart disease that was advertised on 23 March 2011 in the Government Notices Gazette. The Authority invited submissions from relevant organisations and individuals, and while only one submission was received, it was considered in determining this Instrument. The Authority is open to providing a list of references relating to the condition upon written request to the Registrar at the specified address.

Key Provisions

The Repatriation Medical Authority Instrument No. 126 of 2011 amends Statement of Principles Instrument No. 90 of 2007, concerning ischaemic heart disease, as detailed in sections 6(o) and 6(ee) (paragraphs 3 and 4). This legislative instrument replaces certain factors related to the 'non-steroidal anti-inflammatory class of drugs'. The amendment is effective from a date specified in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (paragraph 3). Prior to the final determination of this instrument, the Authority conducted an investigation into ischaemic heart disease, which was advertised in the Government Notices Gazette of 23 March 2011 (paragraph 4). Submissions were invited from the Repatriation Commission, relevant organisations, and any individuals with expertise in the field, and one submission was received for consideration (paragraph 5). The instrument concludes the investigation into ischaemic heart disease as advertised (paragraph 6). The obligations imposed by this Act include the requirement for the Repatriation Medical Authority to conduct investigations into specific medical conditions affecting veterans and service personnel, and to determine amendments to existing statements of principles based on evidence and submissions received. The Authority must advertise its intention to investigate in the Government Notices Gazette and invite submissions from relevant parties (paragraphs 4 and 5). The Authority must also make available any references relating to the condition upon written request from specified entities (paragraph 6). The Act does not explicitly state any offences or penalties for non-compliance with its provisions. However, the process of determining legislative instruments is subject to the requirements of the Legislative Instruments Act 2003, which ensures that instruments are made in accordance with proper procedures and with due consideration of relevant submissions. Failure to adhere to these procedures could potentially lead to legal challenges or reviews, but the Act itself does not outline specific civil or criminal penalties for breaches.