REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 37 OF 2011
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(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 37 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 58 of 2008 concerning malignant neoplasm of the brain by:
- Replacing existing factor 6(b) with a factor concerning 'ionising radiation';
- Deleting existing factor 6(c) as it is now subsumed by new factor 6(b);
- Re-numbering existing factors 6(d) to 6(e) as 6(c) to 6(d) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.
3. This Instrument also specifies a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.
4. Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to malignant neoplasm of the brain in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and circulated a copy of the notices 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. One submission was received for consideration by the Authority during the investigation.
5. The determining of this Instrument finalises the investigation in relation to malignant neoplasm of the brain as advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010.
6. 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 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to revise the Statement of Principles concerning malignant neoplasm of the brain, aiming to address gaps in the existing criteria for linking this condition to service factors. Enacted under the authority of the Repatriation Medical Authority, this legislative instrument seeks to provide more accurate and comprehensive criteria for veterans seeking compensation related to brain cancer, by incorporating factors such as exposure to ionising radiation and re-evaluating existing definitions and clauses. The policy objective is to ensure that the legislative framework adequately reflects current medical understanding and provides fair compensation for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 37 of 2011 amends the existing Statement of Principles concerning malignant neoplasm of the brain under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to veterans and service personnel, particularly those who have developed malignant neoplasm of the brain and are seeking compensation or rehabilitation benefits. The changes to the Statement of Principles involve replacing and re-numbering certain factors, and modifying definitions to reflect the current understanding of the condition, particularly in relation to ionising radiation. This amendment seeks to ensure that the legislative framework accurately reflects medical and scientific advancements regarding the causes and understanding of malignant neoplasm of the brain. The instrument’s effect is set to commence on a specified date as mandated by the Legislative Instruments Act 2003. Submissions from relevant stakeholders, including the Repatriation Commission and experts in the field, were considered during the Authority’s investigation, which was publicly advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010.
Key Provisions
The Repatriation Medical Authority Instrument No. 37 of 2011 amends Statement of Principles Instrument No. 58 of 2008 concerning malignant neoplasm of the brain under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. The main changes include replacing existing factor 6(b) with a new factor concerning 'ionising radiation', deleting factor 6(c) as it is now subsumed by the new factor 6(b), and re-numbering subsequent factors to accommodate these changes. Additionally, the Instrument updates clause 7 to reflect these alterations and replaces the definition of "cumulative equivalent dose" in clause 9. It also removes the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.
The Authority's obligations include conducting an investigation into malignant neoplasm of the brain and inviting submissions from relevant parties, such as the Repatriation Commission, organisations representing veterans, and experts in the field. The Authority advertises its intention to investigate in the Government Notices Gazettes and circulates notices to a wide range of organisations. The finalisation of this Instrument concludes the investigation as previously advertised.
Entities and individuals governed by this Act must comply with the updated Statement of Principles concerning malignant neoplasm of the brain. This includes adhering to the new factors and definitions specified in the Instrument. They must also ensure that any claims or assessments related to malignant neoplasm of the brain are made in accordance with the updated criteria.
Breaches of the provisions in this Instrument may lead to legal consequences. Although the specific penalties are not detailed in the explanatory statement, it is implied that non-compliance could result in civil or criminal penalties under the applicable Acts. The maximum penalties would depend on the nature and severity of the breach, as outlined in the VEA and the Military Rehabilitation and Compensation Act 2004.