REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 53 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. 53 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 27 of 2006 concerning malignant neoplasm of the breast by:
- Replacing existing factor 6(a) with a factor concerning 'ionising radiation';
- Deleting existing factors 6(b) & 6(c) as they are now subsumed by new factor 6(a);
- Re-numbering existing factors 6(d) to 6(l) as 6(b) to 6(j) 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 breast 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. No submissions were 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 breast 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. 53 of 2011 amends Statement of Principles Instrument No. 27 of 2006 concerning malignant neoplasm of the breast, updating the criteria and definitions in line with current medical understanding and terminology. This legislative instrument was enacted to address the specific needs of veterans and service personnel affected by breast cancer, ensuring that the criteria for assessing their entitlements are based on the latest medical evidence. The Repatriation Medical Authority, acting under the authority of the Veterans' Entitlements Act 1986, undertook an investigation into the condition, advertising its intention to gather submissions from relevant organisations and experts. The finalisation of this instrument marks the conclusion of that investigation, aiming to provide fair and accurate assessments for affected individuals.
Scope and Application
This Instrument, the Statement of Principles Instrument No. 53 of 2011, amends the Statement of Principles concerning malignant neoplasm of the breast under the Veterans’ Entitlements Act 1986. The changes include replacing existing factor 6(a) with a factor related to 'ionising radiation', deleting factors 6(b) and 6(c) as they are now covered by the new factor 6(a), and re-numbering subsequent factors to adjust for these deletions. Additionally, clause 7 is replaced to reflect these changes, and the definition of 'cumulative equivalent dose' in clause 9 is updated. Definitions of 'a course of therapeutic radiation' and 'atomic radiation' have been removed from clause 9. The Authority, having conducted an investigation and invited submissions without receiving any, has finalised this Instrument to conclude the investigation as previously advertised. The changes will apply from the date specified in accordance with the Legislative Instruments Act 2003. This Instrument applies to veterans, service personnel, and their dependants, with its scope and effect determined by the Repatriation Medical Authority under the authority granted by the VEA.
Key Provisions
The Repatriation Medical Authority Instrument No. 53 of 2011 amends Statement of Principles Instrument No. 27 of 2006 concerning malignant neoplasm of the breast under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This legislative instrument introduces several key changes, including replacing the existing factor 6(a) with one concerning 'ionising radiation' and deleting factors 6(b) and 6(c), which are now subsumed by the new factor 6(a). It also renumbers the existing factors 6(d) to 6(l) as 6(b) to 6(j) respectively, and updates clause 7 to reflect these changes. Additionally, it replaces the existing definition of "cumulative equivalent dose" in clause 9, and removes the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9. These amendments are intended to clarify and streamline the criteria for assessing malignant neoplasm of the breast in relation to veterans’ entitlements.
The obligations imposed by this legislation primarily concern the Repatriation Medical Authority, which is tasked with administering and enforcing the amended Statement of Principles. The Authority must ensure that the new provisions are correctly applied in the assessment of claims related to malignant neoplasm of the breast. It is also responsible for communicating these changes effectively to relevant stakeholders, including the Repatriation Commission, veterans' organisations, service personnel, their dependants, and any experts in the field. The Authority must provide any interested parties with a list of references related to the condition, upon request, and ensure that all submissions and investigations are conducted in accordance with the legislative requirements.
In terms of potential consequences for breach, the legislation does not explicitly detail offences or penalties for non-compliance with the amended Statement of Principles. However, it is reasonable to infer that any failure to adhere to the legislative requirements could lead to disputes over veterans’ entitlements, which might be subject to judicial review or other legal remedies. The Repatriation Medical Authority, as the governing body, would be expected to enforce compliance with the new provisions, and any significant breaches could result in corrective actions, such as reassessment of claims or internal disciplinary measures. It is essential for all parties involved to understand and comply with the updated criteria to ensure the proper administration of veterans’ entitlements.