REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 68 OF 2012
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(10) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 68 of 2012 concerning macular degeneration.
2. This instrument amends Statement of Principles Instrument No. 13 of 2009, as amended by Instrument No. 47 of 2012, concerning macular degeneration by:
- Re-numbering factor 6(fa) as factor 6(aa).
3. The amendment is made to comply with the direction of the Specialist Medical Review Council (SMRC) in accordance with its Declaration No. 16 dated 27 March 2012. The SMRC Declaration appeared in the Australian Government Notices Gazette of 4 April 2012.
4. In accordance with subsection 196B(13) of the VEA, the amendments as made by Instrument No. 68 of 2012, take effect from 4 April 2012.
5. As this amendment provides an additional basis on which macular degeneration can be related to relevant service the earlier date of effect does not affect the rights of claimants so as to disadvantage them nor would it impose additional liabilities on them.
6. This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny Act 2011). A Statement of Compatibility with Human Rights follows.
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
Instrument No: Statement of Principles No. 68 of 2012
Kind of Injury, Disease or Death: Macular degeneration
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
1. This Legislative Instrument is determined pursuant to subsection 196B(10) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
2. This Legislative Instrument:-
- facilitates claimants in making, and the Repatriation Commission and Military Rehabilitation and Compensation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have macular degeneration;
- facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
- includes renumbering of a factor which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting macular degeneration with the circumstances of eligible service rendered by a person;
- amends Instrument No. 13 of 2009, as amended by Instrument No. 47 of 2012; and
- reflects the Specialist Medical Review Council's review of the available sound medical-scientific evidence concerning macular degeneration considered by the Repatriation Medical Authority when that earlier instrument was determined.
3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA.
Human Rights Implications
4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:
- the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
- the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
- the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members; and
- the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).
Conclusion
This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.
Repatriation Medical Authority
[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.
Overview
The Repatriation Medical Authority Instrument No. 68 of 2012 amends Statement of Principles Instrument No. 13 of 2009 concerning macular degeneration, re-numbering factor 6(fa) as factor 6(aa). Enacted under subsection 196B(10) of the Veterans’ Entitlements Act 1986, this instrument responds to the direction of the Specialist Medical Review Council and takes effect from 4 April 2012. The objective is to facilitate the process for claimants, the Repatriation Commission, and the Military Rehabilitation and Compensation Commission in assessing and reviewing claims related to macular degeneration, ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent. This amendment enhances the medico-scientific quality of outcomes under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Furthermore, the instrument is compatible with human rights, promoting the rights of veterans, current and former Defence Force members, and their dependents, including the right to social security and the highest attainable standard of physical and mental health.
Scope and Application
The Repatriation Medical Authority Instrument No. 68 of 2012, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the amendment of Statement of Principles concerning macular degeneration. This legislative instrument applies to eligible veterans, current and former Defence Force members, and other eligible persons such as their dependents, who seek medical treatment and compensation for macular degeneration related to their service. The instrument aims to facilitate the assessment and review of claims by specifying the circumstances under which macular degeneration can be related to service, thereby improving the medico-scientific quality of outcomes. The amendment, which renumbers a factor to better align with current medical-scientific evidence, is designed to ensure the qualifying conditions for benefits are reasonable, proportionate, and transparent, thus promoting the human rights of veterans and Defence Force members. This instrument does not impose additional liabilities on claimants and is compatible with the human rights and freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The changes, effective from 4 April 2012, do not disadvantage claimants by affecting their existing rights.
Key Provisions
The Repatriation Medical Authority Instrument No. 68 of 2012 amends the Statement of Principles concerning macular degeneration, originally set out in Instrument No. 13 of 2009 and subsequently modified by Instrument No. 47 of 2012 (sections 2 and 3). The amendment primarily involves re-numbering factor 6(fa) as factor 6(aa). This change is made to align with the Specialist Medical Review Council's Declaration No. 16, dated 27 March 2012, which was published in the Australian Government Notices Gazette on 4 April 2012. The amendments made by this instrument under subsection 196B(10) of the Veterans’ Entitlements Act 1986 (VEA) took effect from 4 April 2012, ensuring that claimants' rights are not adversely affected and that no additional liabilities are imposed (section 4).
This legislative instrument is designed to facilitate claims for medical treatment and compensation for veterans and Defence Force members suffering from macular degeneration, under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) respectively. It also aims to streamline the review process of such claims by the Veterans' Review Board and the Administrative Appeals Tribunal. The renumbering of the factor is based on the latest medical-scientific evidence, ensuring that the criteria for connecting macular degeneration with service-related circumstances are robust and scientifically sound (section 2).
The obligations imposed by this instrument on claimants, the Repatriation Commission, Military Rehabilitation and Compensation Commission, Veterans' Review Board, and the Administrative Appeals Tribunal include ensuring that claims are assessed based on the updated Statement of Principles. This means that the medical evidence and circumstances must align with the criteria specified in Instrument No. 68 of 2012 to be considered valid. Additionally, these entities must facilitate the review of claims in line with the amendments, ensuring transparency and fairness in the claims process.
There are no specific offences or penalties outlined in the instrument itself. However, any breaches of the VEA or MRCA related to fraudulent claims or misrepresentation of facts could lead to civil or criminal penalties under those Acts. For instance, making false statements in a claim could result in fines or imprisonment, as per the respective provisions of the VEA and MRCA. The instrument itself is a technical update and does not introduce new offences but rather refines the criteria for assessing claims related to macular degeneration.
The compatibility statement affirms that the instrument is consistent with human rights as recognised in international instruments, such as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities. It supports the rights to social security, an adequate standard of living, and the highest attainable standard of physical and mental health by providing clear and transparent criteria for assessing claims. This ensures that the rights of veterans, Defence Force members, and their dependents are upheld and that the benefits are accessible and proportionate.