Overview

The Repatriation Medical Authority Instrument No. 50 of 2011, under the Veterans’ Entitlements Act 1986, addresses the problem of revising the criteria for malignant neoplasm of the bile duct to include ionising radiation as a factor, replacing the previous criteria set out in Statement of Principles Instrument No. 22 of 2007. This legislative instrument was enacted by the Repatriation Medical Authority, which was mandated to investigate and determine changes to the medical conditions covered under the Act. The policy objective is to ensure that the criteria for veterans' entitlements accurately reflect the latest medical understanding of conditions affecting veterans, particularly those linked to their service. The Authority conducted an investigation and invited submissions from relevant stakeholders, although none were received. This amendment aims to provide more precise and comprehensive criteria for the assessment of veterans' health conditions related to their service.

Scope and Application

The Repatriation Medical Authority Instrument No. 50 of 2011 amends the Statement of Principles Instrument No. 22 of 2007 concerning malignant neoplasm of the bile duct, by replacing existing factor 6(f) with a factor concerning 'ionising radiation'. This Instrument applies to veterans, service personnel, and their dependants who are subject to the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. The amendment affects the criteria for determining eligibility for certain benefits related to malignant neoplasm of the bile duct. The Instrument's application extends to the Commonwealth of Australia and its amendments are effective from the date specified in accordance with the Legislative Instruments Act 2003. Although the Authority invited submissions from various stakeholders, none were received, and this final determination concludes the investigation as advertised on 3 November 2010. The Authority is prepared to provide a list of references to any interested parties upon written request, directing correspondence to the Registrar at the specified address in Brisbane.

Key Provisions

The Repatriation Medical Authority Instrument No. 50 of 2011 amends the Statement of Principles Instrument No. 22 of 2007 concerning malignant neoplasm of the bile duct. The main change introduced by this Instrument is the replacement of existing factor 6(f) with a factor related to "ionising radiation" (Section 2). This change is intended to address the link between ionising radiation exposure and the development of malignant neoplasms of the bile duct. The Instrument also specifies the date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (Section 3). Prior to finalising this Instrument, the Authority advertised its intention to investigate malignant neoplasm of the bile duct and invited submissions from relevant stakeholders (Section 4). However, no submissions were received during the investigation. The Instrument formalises the conclusion of the investigation as advertised in the Government Notices Gazette of 3 November 2010 (Section 5). The Repatriation Medical Authority Instrument imposes specific obligations on various parties. The Authority is required to conduct investigations into conditions affecting veterans and service personnel and to consider submissions from stakeholders, including the Repatriation Commission and other relevant organisations (Section 4). Additionally, the Instrument mandates the replacement of an existing factor with one concerning ionising radiation, reflecting the updated understanding of the causative factors for malignant neoplasm of the bile duct (Section 2). Furthermore, the Authority must specify the date of effect for the amendment, ensuring clarity and compliance with legislative requirements (Section 3). Requests for references relating to the condition can be made by any person or organisation referred to in subsection 196E(1)(a) to (c) of the Veterans’ Entitlements Act 1986, which must be submitted in writing to the Authority (Section 6). Breach of the obligations and requirements set out in the Repatriation Medical Authority Instrument could have legal consequences. However, the Explanatory Notes do not specify any particular offences, penalties, or consequences for non-compliance with the Instrument itself. Instead, the focus is on the procedural aspects of determining the Instrument, such as advertising the intention to investigate and inviting submissions. Any legal repercussions would likely stem from broader legislative frameworks governing the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. These Acts include provisions for penalties and enforcement measures that would apply in cases of non-compliance with their respective requirements.