Overview

The Repatriation Medical Authority Instrument No. 91 of 2011 amends the Veterans' Entitlements Act 1986, specifically Statement of Principles Instrument No. 99 of 2007, concerning malignant neoplasm of the endometrium. This legislation was enacted to address the need for a review and update of the criteria for the assessment of malignant neoplasm of the endometrium, particularly with regard to the factors previously associated with therapeutic radiation. The Authority, acting under subsections 196B(2) and (8) of the VEA, determined this Instrument to finalise an investigation that was advertised in the Government Notices Gazette on 3 November 2010. The policy objective was to ensure that the medical criteria for veterans' entitlements are based on the most current medical-scientific evidence, and the Authority sought input from relevant organisations and experts but did not receive any submissions during the investigation. The Instrument specifies changes such as the deletion of certain factors related to therapeutic radiation and adjusts subsequent factors to maintain consistency within the document.

Scope and Application

The Repatriation Medical Authority Instrument No. 91 of 2011 amends Statement of Principles Instrument No. 99 of 2007 concerning malignant neoplasm of the endometrium, under subsections 196B(2) and (8) of the Veterans’ Entitlements Act 1986. This instrument applies to veterans and their dependants, as well as to the Repatriation Commission and other organisations and persons referred to in section 196E of the VEA. The instrument makes specific changes to the Statement of Principles, including the deletion of existing factor 6(e) concerning 'therapeutic radiation', re-numbering of subsequent factors, and the removal of the definition of 'a course of therapeutic radiation'. The Authority consulted widely with relevant organisations and individuals during the investigation process but received no submissions for consideration. The amendments specified in the instrument are effective from a date determined under the Legislative Instruments Act 2003. This legislative instrument operates within the Commonwealth jurisdiction, applying across Australia to all relevant stakeholders.

Key Provisions

The Repatriation Medical Authority Instrument No. 91 of 2011 amends Statement of Principles Instrument No. 99 of 2007, concerning malignant neoplasm of the endometrium. Specifically, the instrument modifies the existing factors related to therapeutic radiation by deleting factor 6(e) and re-numbering subsequent factors (sections 2 and 3). The changes involve removing the definition of 'a course of therapeutic radiation' from clause 9 and adjusting references to these factors within the document. This legislative amendment was made under the authority granted by subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA). The obligations imposed by this Act primarily involve the re-evaluation and re-categorisation of factors related to malignant neoplasm of the endometrium, ensuring consistency and accuracy within the legislative framework. The Repatriation Medical Authority is required to review and, where necessary, adjust the legislative text to reflect current medical-scientific understandings accurately. Furthermore, the Authority must ensure that any changes made are communicated clearly to relevant stakeholders, including veterans, service personnel, and their dependants, as well as other organisations and experts in the field (section 4 and 5). Under the Legislative Instruments Act 2003, the instrument specifies a date of effect for these amendments, ensuring that the changes are implemented at a precise time, which is crucial for maintaining the integrity of veterans' entitlements and benefits (section 3). The process involved soliciting submissions from relevant parties, although none were received in this instance. This highlights the Authority's commitment to transparency and stakeholder engagement in its decision-making processes. The Act does not explicitly outline offences, penalties, or consequences for non-compliance. However, the importance of accurate and timely legislative amendments in the context of veterans' entitlements suggests that any failure to comply with these changes could potentially impact the administration of benefits and entitlements, leading to broader legal and administrative consequences. While specific penalties are not detailed, the overarching intent is to ensure that veterans and their dependants receive appropriate and timely support based on the most current medical understandings.