REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 37 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 37 of 2010.
2. This instrument amends Statement of Principles Instrument No. 38 of 2005, as amended by Instrument No. 79 of 2008, concerning lumbar spondylosis by:
- revising factors 6(ia) & 6(ra) concerning 'flying a powered aircraft'; and
- adding new factors 6(iaa) & 6(raa) concerning 'flying in a helicopter'.
3. It should be noted that in revising factors 6(ia) & 6(ra) the Authority intended that they be restricted to 'flying' as opposed to 'flying in' a powered aircraft.
4. 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.
5. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to lumbar spondylosis 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. Five submissions were received for consideration by the Authority during the investigation.
6. The determining of this instrument finalises the investigation in relation to lumbar spondylosis as advertised in the Government Notices Gazette of 29 April 2009.
7. 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. 37 of 2010, issued under the authority of the Veterans’ Entitlements Act 1986, addresses specific issues regarding the condition of lumbar spondylosis among veterans. This instrument seeks to amend the existing Statement of Principles Instrument No. 38 of 2005, as adjusted by Instrument No. 79 of 2008, by refining certain criteria related to the service of flying a powered aircraft and introducing new criteria related to flying in a helicopter. The Authority intended to narrow the scope of the revised criteria to specifically cover 'flying' rather than 'flying in' a powered aircraft. The instrument's enactment follows a formal investigation process, which involved advertising in the Government Notices Gazette, gathering submissions from relevant parties, and considering expert input. The Authority determined this instrument to conclude the investigation into lumbar spondylosis, finalising the legislative adjustments necessary to better support affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 37 of 2010 amends the Statement of Principles concerning lumbar spondylosis under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation applies to veterans and service personnel who have developed lumbar spondylosis, particularly in relation to their employment history involving flying powered aircraft or helicopters. The instrument revises existing factors and adds new factors to better define the conditions under which lumbar spondylosis may be considered related to service. The Authority's determination is aimed at clarifying the scope of the criteria for claiming compensation related to lumbar spondylosis, ensuring that it is restricted to actual flying rather than other activities related to powered aircraft. This legislative instrument has a national reach as it is an amendment under Commonwealth legislation and applies to all veterans and service personnel across Australia. The Authority's decision follows a formal investigation process, which included advertising in the Government Notices Gazette and soliciting submissions from relevant organisations and individuals. The amendments come into effect on a specified date, as required by the Legislative Instruments Act 2003.
Key Provisions
This legislative instrument, specifically Statement of Principles Instrument No. 37 of 2010, amends the Statement of Principles concerning lumbar spondylosis as it relates to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The key sections affected are 6(ia) and 6(ra), which have been revised to more narrowly define the term "flying" in relation to powered aircraft. Additionally, new factors 6(iaa) and 6(raa) have been introduced to address "flying in a helicopter". These amendments aim to provide clearer guidelines and criteria for assessing claims related to lumbar spondylosis, ensuring that the conditions under which the condition is considered service-related are more precisely defined.
The obligations and requirements imposed by this instrument are primarily administrative and procedural. The Repatriation Medical Authority must ensure that the revised factors and new additions are applied consistently in all relevant assessments. This involves a review of existing cases where lumbar spondylosis has been considered, potentially necessitating the re-evaluation of some claims. Furthermore, the Authority must communicate these changes effectively to all relevant stakeholders, including the Repatriation Commission, veterans' organisations, and individuals with relevant expertise. These entities are expected to familiarise themselves with the new criteria and ensure that they are applied correctly in future assessments.
Failure to comply with the provisions of this instrument could result in legal and administrative repercussions. While the explanatory notes do not detail specific offences or penalties, non-compliance with legislative instruments generally can lead to civil or criminal consequences, depending on the severity and intent of the breach. In the context of veterans' entitlements and military rehabilitation, incorrect application of the amended criteria could result in either overcompensation or undercompensation of veterans, leading to potential legal disputes or appeals. The Authority is tasked with ensuring that the new criteria are adhered to, and any breaches could be subject to review by relevant authorities, potentially resulting in corrective actions or penalties as stipulated by the applicable legislation.