REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 42 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 42 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 18 of 2006, as amended by Instrument No. 88 of 2007, concerning malignant neoplasm of the lung by:
- Replacing existing factor 6(k) with a factor concerning 'ionising radiation';
- Replacing existing factor 6(l) with a factor concerning 'radon';
- Deleting existing factor 6(m) as it is now subsumed by new factor 6(l);
- Re-numbering existing factors 6(n) to 6(q) as 6(m) to 6(p) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 9.
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 lung 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 lung 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. 42 of 2011 was enacted to address specific amendments to Statement of Principles concerning malignant neoplasm of the lung under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument was introduced by the Repatriation Medical Authority, under the authority granted by the Veterans’ Entitlements Act, to refine and update the criteria for assessing malignant neoplasm of the lung, specifically focusing on factors such as ionising radiation and radon. The policy objective behind this Instrument is to ensure that the assessment of veterans’ claims for malignant neoplasm of the lung is based on the most current scientific understanding and relevant factors, thereby providing more accurate and fair evaluations for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 42 of 2011 amends the Veterans’ Entitlements Act 1986 by modifying the Statement of Principles concerning malignant neoplasm of the lung. This legislative instrument applies to individuals who have served in the Australian Defence Force and who are claiming veterans' entitlements, particularly those related to malignant neoplasm of the lung. The amendments include replacing existing factors concerning exposure to specific substances with new factors related to ionising radiation and radon, re-numbering subsequent factors, and updating the definition of "cumulative equivalent dose." This legislative amendment reflects the Repatriation Medical Authority’s determination to address and revise the medical criteria for assessing claims related to malignant neoplasm of the lung, ensuring that the assessment process is based on the most current and relevant scientific understanding. The changes made by this Instrument are effective as specified in the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of this legislation, specifically Statement of Principles Instrument No. 42 of 2011, concern amendments to the existing provisions regarding malignant neoplasm of the lung under the Veterans’ Entitlements Act 1986. These amendments are designed to more accurately reflect the causative factors and associated definitions relevant to the condition. For instance, section 2 of the Instrument replaces existing factor 6(k) with a factor concerning 'ionising radiation', introduces a new factor concerning 'radon' in place of 6(l), and re-numbers subsequent factors accordingly. Additionally, section 2 replaces the existing clause 7 and redefines 'cumulative equivalent dose' in clause 9, while removing certain definitions that have become redundant. This legislative change ensures that the criteria for assessing malignant neoplasm of the lung are updated and more precise.
The obligations and requirements imposed by this Instrument on the parties or entities it governs primarily relate to the accurate assessment and recognition of malignant neoplasm of the lung in veterans. The Repatriation Medical Authority is mandated to apply these updated factors and definitions in its evaluations and decisions regarding veterans' entitlements. Organisations and individuals with relevant expertise are encouraged to provide submissions and feedback during the investigation phase, which was advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010. This collaborative approach ensures that the changes are well-informed and comprehensive.
In terms of offences, penalties, or consequences for breach, the Instrument does not explicitly outline specific civil or criminal penalties for non-compliance. However, the accurate application of these legislative changes is crucial for ensuring fair and just outcomes for veterans seeking entitlements related to malignant neoplasm of the lung. Any failure to adhere to the updated criteria could potentially lead to disputes or claims of unfair treatment, which might be subject to review or appeal processes under the relevant Acts.
The Instrument's amendments are effective from a specified date, as stipulated in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. This ensures that all relevant parties are aware of the changes and can adjust their practices accordingly. The Authority's determination of this Instrument finalises the investigation process, providing a clear and updated framework for assessing malignant neoplasm of the lung in veterans. Any interested parties can request a list of references supporting the amendments by submitting a written request to the Repatriation Medical Authority.