REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 54 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 54 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 28 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. 54 of 2011 amends the Statement of Principles Instrument No. 28 of 2006, which pertains to malignant neoplasm of the breast under the Veterans’ Entitlements Act 1986. This legislative instrument addresses gaps in the existing criteria by introducing a new factor concerning "ionising radiation" and removing outdated factors that have been subsumed by this new consideration. Additionally, it updates and re-numbers certain factors, modifies the definition of "cumulative equivalent dose," and removes redundant definitions from clause 9. The enacting body for this instrument is the Repatriation Medical Authority, acting under the authority granted by the Veterans’ Entitlements Act 1986. The policy objective of this amendment is to ensure that the criteria for determining entitlement related to malignant neoplasm of the breast are current, comprehensive, and reflective of the latest medical understanding and evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 54 of 2011 amends Statement of Principles Instrument No. 28 of 2006 concerning malignant neoplasm of the breast, impacting the scope of conditions and definitions covered under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to veterans and service personnel, specifically those affected by malignant neoplasm of the breast, thereby affecting the eligibility criteria and entitlements under the Acts. The instrument's jurisdictional reach is national, as it operates under the authority granted by the Commonwealth of Australia. This amendment includes replacing and re-numbering certain factors related to ionising radiation, thereby excluding previous considerations of other forms of radiation that are now subsumed under the new ionising radiation factor. The changes also involve the redefinition of "cumulative equivalent dose" and the deletion of certain previously defined terms, thereby refining the criteria and the scope of claims that can be made. This legislative instrument does not specify exclusions or exemptions beyond the defined scope of the amendments themselves. The Authority's determination finalises the investigation into the specified condition, as previously advertised, and concludes the process of gathering expert opinions and submissions, although no submissions were received during the investigation phase.
Key Provisions
The main provisions of the Repatriation Medical Authority Instrument No. 54 of 2011 concern amendments to the Statement of Principles regarding malignant neoplasm of the breast, as outlined in subsections 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA). Specifically, this Instrument replaces and modifies existing factors and clauses that pertain to the condition, focusing primarily on the role of ionising radiation in the development of the disease. It replaces factor 6(a) with a new factor concerning 'ionising radiation', removes factors 6(b) and 6(c) as they are now encompassed within the new factor 6(a), and re-numbers subsequent factors accordingly. Additionally, clause 7 and the definition of 'cumulative equivalent dose' in clause 9 are updated to reflect these changes, and certain definitions previously included in clause 9 are deleted.
The obligations imposed by this Instrument are primarily administrative and procedural. The Repatriation Medical Authority (the Authority) is required to ensure that the amendments are properly implemented and communicated. This includes notifying relevant parties and organisations, such as the Repatriation Commission and those representing veterans, service personnel, and their dependants. The Authority also has the obligation to consider any submissions received from interested parties, although, in this instance, no submissions were received. The Authority must ensure that the updated Statement of Principles is accurately reflected in the legislative instruments and that any necessary documentation is available for review by relevant stakeholders.
Breaches of the provisions within this Instrument could lead to various civil or administrative consequences, though the specific consequences are not detailed within the text. Typically, failure to comply with legislative instruments related to veterans' entitlements could result in legal challenges or disputes regarding the entitlements of affected veterans. In terms of penalties, the text does not explicitly state any maximum penalties for non-compliance. However, given the context of veterans' entitlements, any significant non-compliance might be subject to further legislative scrutiny or corrective actions by the relevant authorities.