REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 39 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. 39 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 1 of 2004 concerning malignant neoplasm of the colorectum by:
- Replacing existing factor 5(i) with a factor concerning 'ionising radiation';
- Deleting existing factor 5(j) as it is now subsumed by new factor 5(b);
- Re-numbering existing factors 5(k) to 5(p) as 5(j) to 5(o) respectively;
- Replacing the existing clause 6 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 8; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 8.
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 colorectum 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 colorectum 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. 39 of 2011, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the need to update the criteria for the assessment of malignant neoplasm of the colorectum among veterans. This Instrument was enacted to refine the existing Statement of Principles concerning colorectal cancer, ensuring that the evaluation of such conditions in veterans is more accurately aligned with current medical understanding and practices. The objective is to provide clearer guidelines for the determination of service-related malignant neoplasm of the colorectum, thereby ensuring that eligible veterans receive appropriate compensation and rehabilitation benefits. The Authority's decision follows an investigation and consultation process, inviting submissions from relevant organisations and experts, which culminated in the finalisation of this legislative amendment.
Scope and Application
The Repatriation Medical Authority Instrument No. 39 of 2011, under the Veterans’ Entitlements Act 1986, amends the Statement of Principles Instrument No. 1 of 2004 concerning malignant neoplasm of the colorectum. This legislative amendment applies to individuals who have served in the Australian Defence Force and who are now suffering from malignant neoplasm of the colorectum, seeking benefits or compensation as per the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The changes include replacing and deleting specific factors and definitions related to ionising radiation, and the document details the new factors and renumbered clauses as a result. The Authority, having advertised its intentions to investigate in the Government Notices Gazettes on specified dates, sought and considered submissions from relevant parties before finalising this Instrument. The amendment has a specified date of effect as required by the Legislative Instruments Act 2003, ensuring the changes are implemented at a defined time.
Key Provisions
The Repatriation Medical Authority Instrument No. 39 of 2011 amends Statement of Principles Instrument No. 1 of 2004 concerning malignant neoplasm of the colorectum under the Veterans' Entitlements Act 1986 (VEA). The primary changes include replacing existing factor 5(i) with a new factor concerning 'ionising radiation', deleting factor 5(j) as it is now incorporated into the new factor 5(b), and re-numbering the subsequent factors accordingly (section 2). Clause 6 has also been updated to reflect these changes, and the definition of 'cumulative equivalent dose' in clause 8 has been replaced (section 2). Additionally, the definitions of 'a course of therapeutic radiation' and 'atomic radiation' have been removed from clause 8 (section 2). This Instrument, which specifies the effective date of the amendments, is made under subsection 196B(2) and (8) of the VEA.
The obligations imposed by this Instrument on the parties governed by the VEA include ensuring that the new Statement of Principles accurately reflects the updated criteria for malignant neoplasm of the colorectum. This involves adhering to the new factor concerning 'ionising radiation' and the re-numbered factors in the Statement of Principles. Additionally, any requests for references relating to the condition must be made in writing to the Repatriation Medical Authority, as outlined in the Instrument (section 6). The Authority's process involved advertising its intention to investigate the condition and inviting submissions from relevant organisations and experts, as required under section 196E of the VEA.
Failure to comply with the requirements set forth in this Instrument may result in civil or criminal consequences. Although the specific penalties are not detailed in the Instrument, breaches of the VEA generally carry penalties that can include fines and, in some cases, imprisonment. The Authority's determination of this Instrument concludes the investigation into malignant neoplasm of the colorectum as advertised in the Government Notices Gazettes, ensuring that the updated criteria are formally implemented and that all relevant parties are aware of the changes (section 5).
The Authority's process of determining this Instrument involved thorough consultation, including advertising the intention to investigate and soliciting submissions from relevant stakeholders. This collaborative approach ensures that the updated criteria for malignant neoplasm of the colorectum are informed by a wide range of expertise and perspectives, ultimately benefiting the veterans and service personnel affected by this condition.