Overview

The Repatriation Medical Authority Instrument No. 58 of 2011 amends Statement of Principles Instrument No. 22 of 2009 concerning malignant neoplasm of the cerebral meninges, as part of the legislative framework under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This amendment was introduced to address specific factors related to ionising radiation and its impact on the condition, thereby refining the criteria for entitlements under these acts. The Authority undertook an investigation into this matter, advertising its intention in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and invited submissions from relevant stakeholders, although none were received. The policy objective is to ensure that the legislative framework accurately reflects current medical understanding and provides appropriate entitlements for affected veterans.

Scope and Application

The Repatriation Medical Authority Instrument No. 58 of 2011 amends the Statement of Principles Instrument No. 22 of 2009 concerning malignant neoplasm of the cerebral meninges under the Veterans’ Entitlements Act 1986. This legislative instrument applies to veterans and service personnel who have been diagnosed with malignant neoplasm of the cerebral meninges, and their dependants, by updating the relevant factors and definitions pertaining to the condition. The amendments are designed to better reflect the medical understanding and evidence concerning the condition, ensuring that affected individuals can receive appropriate compensation and rehabilitation benefits. The amendments also specify a date of effect in accordance with the Legislative Instruments Act 2003. The Repatriation Medical Authority conducted an investigation into the condition, advertising its intentions in the Government Notices Gazettes and inviting submissions from relevant organisations and individuals. This instrument finalises that investigation. Requests for references related to the condition can be made in writing to the Repatriation Medical Authority.

Key Provisions

The Repatriation Medical Authority Instrument No. 58 of 2011 amends Statement of Principles Instrument No. 22 of 2009 concerning malignant neoplasm of the cerebral meninges, as stipulated in section 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA). The primary changes involve the replacement of existing factor 6(a) with a new factor concerning 'ionising radiation', the deletion of existing factor 6(b) as it is now encompassed by the new factor 6(a), and the re-numbering of existing factor 6(c) to 6(b) (section 2). Additionally, clause 7 has been revised to reflect these changes, and the definition of "cumulative equivalent dose" in clause 9 has been updated. Furthermore, the definitions of "a course of therapeutic radiation" and "atomic radiation" have been removed from clause 9 (section 2). Entities governed by this Act are subject to specific obligations and requirements. The Repatriation Medical Authority is mandated to undertake investigations into conditions affecting veterans, such as malignant neoplasm of the cerebral meninges. In this case, the Authority advertised its intention to investigate in the Government Notices Gazettes of 1 September 2010 and 3 November 2010. The Authority also invited submissions from relevant parties, including the Repatriation Commission and any persons or organisations with expertise in the field, although no submissions were received during this investigation (sections 3 and 4). The final determination of this Instrument concludes the investigation process as advertised. Failure to comply with the provisions of this Act may result in civil or criminal consequences. The Legislative Instruments Act 2003 specifies the date of effect for the amendment, ensuring that the new provisions come into force as determined by the Authority (section 3). While the explanatory statement does not detail specific penalties for non-compliance, breaches of legislative instruments can generally lead to civil penalties, enforcement actions, or other legal consequences depending on the nature and severity of the breach.