Overview

The Repatriation Medical Authority Instrument No. 51 of 2011 amends Statement of Principles Instrument No. 67 of 2007 concerning malignant neoplasm of the gallbladder, addressing a gap in the existing legislative framework by introducing a new factor concerning ionising radiation. This legislation was enacted under the authority granted by subsections 196B(2) and 196B(8) of the Veterans’ Entitlements Act 1986. The policy objective is to ensure that veterans and service personnel who suffer from malignant neoplasm of the gallbladder receive appropriate recognition and compensation, taking into account the potential impact of ionising radiation. The Authority conducted an investigation into this condition, inviting submissions from relevant stakeholders, although none were received. The determination of this Instrument concludes the investigation and establishes a new factor to be considered in the assessment of claims related to this condition.

Scope and Application

This legislation pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically addressing malignant neoplasm of the gallbladder. The Repatriation Medical Authority has revised the existing Statement of Principles to include ionising radiation as a factor for malignant neoplasm of the gallbladder, amending Statement of Principles Instrument No. 67 of 2007. The Authority’s decision to investigate and subsequently amend the principles was advertised in the Government Notices Gazette on 3 November 2010, inviting submissions from relevant parties, although none were received. The amendments finalised the investigation and are effective from a specified date under the Legislative Instruments Act 2003. This legislation applies to veterans and service personnel, particularly those affected by malignant neoplasm of the gallbladder, and provides a framework for determining their entitlements related to this condition. The geographic and jurisdictional reach of the Act encompasses the Commonwealth, with the Repatriation Medical Authority based in Brisbane, Queensland. The Authority can provide a list of references to any person or organisation mentioned in subsection 196E(1)(a) to (c) of the VEA upon written request.

Key Provisions

The main operative sections of this Instrument involve the amendment of Statement of Principles Instrument No. 67 of 2007 concerning malignant neoplasm of the gallbladder. Specifically, section 2 replaces existing factor 6(e) with a factor concerning 'ionising radiation'. The Instrument also specifies a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003, ensuring that the changes are implemented at a precise time as required by law. In terms of obligations, the Repatriation Medical Authority (the Authority) undertook an investigation into the condition of malignant neoplasm of the gallbladder, as advertised in the Government Notices Gazette of 3 November 2010. The Authority circulated a notice of its intention to investigate to a wide range of organisations representing veterans, service personnel, and their dependants. They also invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the Veterans’ Entitlements Act 1986 (the VEA), and any person having expertise in the field. The Authority was required to consider these submissions in determining the final Instrument. Failure to comply with the provisions of this Instrument could result in civil or criminal consequences, although the specific penalties are not detailed in the explanatory statement. The Repatriation Medical Authority has the authority to enforce the provisions of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and any breaches could lead to legal action. The precise penalties for non-compliance would depend on the nature and severity of the breach, but they could include fines or other civil sanctions as determined by the relevant courts. In summary, the Instrument amends the existing Statement of Principles to include a factor concerning ionising radiation in relation to malignant neoplasm of the gallbladder. The Authority has fulfilled its obligations by conducting an investigation, advertising its intentions, and inviting submissions. Although the specific penalties for non-compliance are not outlined, breaches of the Act could result in legal action with potential civil or criminal consequences.