Overview

The Repatriation Medical Authority Instrument No. 122 of 2007 is a legislative instrument made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument amends the Statement of Principles concerning loss of teeth, specifically revising the wording of factors 6(d) and 6(e), and inserting a definition for 'fracture of the affected tooth' in clause 9. The instrument aims to finalise the investigation into loss of teeth that was initiated and advertised in the Government Notices Gazette on 12 September 2007. The Repatriation Medical Authority sought submissions from relevant parties but received none during the investigation. The instrument's determination reflects the Authority's objective to ensure clarity and precision in the criteria for veterans' entitlements related to dental injuries.

Scope and Application

The Repatriation Medical Authority Instrument No. 122 of 2007 amends the Statement of Principles concerning loss of teeth, originally set out in Instrument No. 74 of 2007, under the Veterans’ Entitlements Act 1986. This legislation primarily applies to veterans and service personnel who have experienced the loss of teeth, clarifying and revising specific factors that determine the circumstances under which such losses are acknowledged and potentially compensated. The instrument specifies a date of effect as per the Legislative Instruments Act 2003, ensuring that the changes are implemented from a particular date forward. The instrument was developed following an investigation into loss of teeth issues, with a call for submissions from relevant stakeholders, although none were received. This instrument extends the scope of the existing legislation by refining the criteria for evaluating claims related to tooth loss, thereby impacting the eligibility and assessment processes for affected veterans and service personnel.

Key Provisions

The Repatriation Medical Authority Instrument No. 122 of 2007, under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA), amends the Statement of Principles concerning loss of teeth, Instrument No. 74 of 2007. This legislative instrument revises the wording of factors 6(d) and 6(e), which pertain to the assessment criteria for loss of teeth, and introduces a definition for 'fracture of the affected tooth' in clause 9. These changes aim to clarify and refine the criteria for determining entitlements related to dental injuries suffered by veterans. The Act imposes specific obligations on the Repatriation Medical Authority, requiring it to undertake investigations and determine instruments that affect the entitlements of veterans. In this instance, the Authority conducted an investigation into the loss of teeth, advertised its intention to investigate in the Government Notices Gazette, and invited submissions from relevant parties. The lack of submissions did not impede the Authority from finalising the investigation and determining this new instrument, which now governs the assessment and compensation for loss of teeth under the VEA. Breaches of the provisions outlined in the Instrument No. 122 of 2007, including non-compliance with the amended criteria for assessing loss of teeth, could have legal consequences. While the specific offences and penalties are not detailed in the provided text, breaches of the VEA and related legislative instruments generally may lead to civil or criminal penalties. For instance, knowingly providing false information or acting in bad faith in relation to veterans’ entitlements could result in fines or imprisonment, as per the relevant legislative provisions. The maximum penalties would depend on the severity of the breach and applicable laws at the time of the offence.