Overview

The Repatriation Medical Authority Instrument No. 49 of 2011 amends Statement of Principles Instrument No. 21 of 2007 concerning malignant neoplasm of the bile duct under the Veterans’ Entitlements Act 1986. This legislative instrument replaces an existing factor concerning exposure to specific environmental conditions with a factor pertaining to ionising radiation, thereby expanding the criteria for eligibility for certain benefits. The Authority conducted an investigation into the condition, as advertised in the Government Notices Gazette on 3 November 2010, and, despite inviting submissions from relevant parties, did not receive any for consideration. This instrument effectively concludes the investigation and sets a date of effect in accordance with the Legislative Instruments Act 2003. The objective of the amendment is to ensure that the criteria for veterans' entitlements accurately reflect the current understanding of the causes of the specified condition, thereby enhancing the fairness and effectiveness of the compensation provided under the Act.

Scope and Application

The Repatriation Medical Authority Instrument No. 49 of 2011 amends Statement of Principles Instrument No. 21 of 2007 concerning malignant neoplasm of the bile duct, as per subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA). This legislative instrument applies to veterans and their dependants who are covered under the VEA and the Military Rehabilitation and Compensation Act 2004. The amendments are geographically applicable across Australia, given the national scope of the Acts under which they are made. This Instrument specifies a date of effect in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. Notably, no submissions were received during the investigation period, which was advertised in the Government Notices Gazette of 3 November 2010. The Authority invited submissions from relevant organisations and experts but did not receive any. This Instrument effectively concludes the investigation into malignant neoplasm of the bile duct, replacing existing factor 6(f) with a factor concerning 'ionising radiation'. Any interested parties can request a list of references relating to this condition by making a written request to the Repatriation Medical Authority.

Key Provisions

The primary operative sections of this legislation, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004, concern amendments to the Statement of Principles Instrument No. 21 of 2007. Specifically, section 2 of the Instrument replaces existing factor 6(f) with a new factor relating to 'ionising radiation' concerning malignant neoplasm of the bile duct. This change is significant as it modifies the criteria and considerations under which such medical conditions are assessed and compensated. The date of effect for these amendments is specified under subsection 12(1)(a) of the Legislative Instruments Act 2003, ensuring that the new provisions come into force at a defined time. The obligations imposed by this Act on the parties it governs primarily revolve around the proper administration and application of the amended Statement of Principles. The Repatriation Medical Authority (the Authority) is mandated to ensure that the new factor concerning 'ionising radiation' is appropriately considered in all relevant cases. This involves updating internal guidelines, training relevant personnel, and ensuring that all stakeholders are informed of the changes. The Authority must also maintain records and references related to the condition and be available to provide these to any person or organisation upon written request, as per subsection 196E(1)(a) to (c) of the VEA. In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the Authority’s role in ensuring the proper implementation of these changes is critical. Failure to comply with the new provisions or to correctly apply the updated Statement of Principles could potentially lead to disputes or legal challenges regarding veterans' entitlements and compensation. While the legislation itself does not detail maximum penalties, any subsequent disputes or failures to adhere to the new requirements could be subject to the broader provisions of the VEA and the Military Rehabilitation and Compensation Act 2004, which may include legal proceedings or administrative reviews.