Overview

The Repatriation Medical Authority Instrument No. 52 of 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, specifically targeting malignant neoplasm of the gallbladder. This legislative instrument was enacted to address the gap in recognition of the causal link between ionising radiation and malignant neoplasm of the gallbladder for veterans, service personnel, and their dependants. The Repatriation Medical Authority, operating under the authority of the relevant sections of the Veterans’ Entitlements Act 1986, conducted an investigation into this matter and issued a Statement of Principles to formalise this recognition. The Authority, in line with its mandate, sought and considered submissions from relevant parties during the investigation phase, though none were received. This amendment aims to provide clarity and enhance the entitlements for those affected, ensuring they receive appropriate compensation and rehabilitation services.

Scope and Application

The Repatriation Medical Authority Instrument No. 52 of 2011 amends the Statement of Principles Instrument No. 68 of 2007 concerning malignant neoplasm of the gallbladder, specifically replacing existing factor 6(e) with a factor concerning 'ionising radiation'. This amendment applies to veterans who may be eligible for compensation related to malignant neoplasm of the gallbladder under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority conducted an investigation into the condition, advertised in the Government Notices Gazette of 3 November 2010, inviting submissions from relevant organisations and experts, although no submissions were received. The amendment is effective from a specified date under subsection 12(1)(a) of the Legislative Instruments Act 2003 and is subject to the provisions of the VEA and other related instruments, with no exclusions or exemptions noted in the explanatory statement. The Authority's decision finalises the investigation into the specified condition.

Key Provisions

The Repatriation Medical Authority Instrument No. 52 of 2011 amends Statement of Principles Instrument No. 68 of 2007, which pertains to malignant neoplasm of the gallbladder. Specifically, the operative sections of this Instrument replace factor 6(e) with a new factor concerning "ionising radiation" (section 2). The Instrument also sets a date of effect for the amendment, in accordance with the Legislative Instruments Act 2003 (section 3). Prior to making this determination, the Authority advertised its intention to investigate the condition in the Government Notices Gazette of 3 November 2010 and invited submissions from relevant organisations and experts. However, no submissions were received for consideration during the investigation (section 4). The Instrument finalises the investigation as advertised in the Government Notices Gazette of 3 November 2010 (section 5). The obligations imposed by this Act on parties and entities include the requirement for the Repatriation Medical Authority to advertise any intention to investigate a medical condition and to invite submissions from relevant parties. Additionally, any person or organisation referred to in subsection 196E(1)(a) to (c) of the Veterans’ Entitlements Act 1986 can request a list of references relating to the condition under review. This ensures transparency and stakeholder engagement in the process of amending medical principles (sections 4 and 6). In terms of consequences for breach, the Act does not explicitly state any offences, penalties, or consequences for non-compliance. However, the process of determining and publicising changes to the Statement of Principles is likely to be subject to judicial review if there are concerns about procedural fairness or legal validity. The Repatriation Medical Authority must ensure that its processes are robust and transparent to avoid potential legal challenges. The implications of non-compliance could include invalidation of the Instrument or retrospective amendments, which could affect the entitlements of veterans and their dependants.