REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 55 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. 55 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 41 of 2007 concerning malignant neoplasm of the oesophagus by:
- Replacing existing factor 6(d) with a factor concerning 'ionising radiation';
- Inserting the definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definition of "a course of therapeutic 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 oesophagus in the Government Notices Gazette of 3 November 2010, and circulated a copy of the notice 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. No submissions were 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 oesophagus as advertised in the Government Notices Gazette of 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. 55 of 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by updating the Statement of Principles concerning malignant neoplasm of the oesophagus. Enacted in response to a need for more precise criteria regarding the eligibility of veterans for compensation related to oesophageal cancer, this Instrument addresses the gap in the existing legislative framework by focusing on the role of ionising radiation as a contributing factor. The Authority's investigation, which was advertised in the Government Notices Gazette on 3 November 2010, sought submissions from relevant organisations and experts but did not receive any input. The Instrument introduces a new factor concerning 'ionising radiation', provides a definition for 'cumulative equivalent dose', and removes the definition of 'a course of therapeutic radiation', all of which aim to refine the criteria for compensation claims related to oesophageal cancer in veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 55 of 2011 amends Statement of Principles Instrument No. 41 of 2007 concerning malignant neoplasm of the oesophagus under the Veterans’ Entitlements Act 1986. This legislative instrument applies to individuals who have served in the Australian Defence Force and are now veterans, or their dependants, who may be entitled to benefits or compensation under the Act. The instrument specifies amendments related to the exposure to ionising radiation, replacing existing factor 6(d) with a factor concerning 'ionising radiation' and inserting the definition of "cumulative equivalent dose" in clause 9. Furthermore, it deletes the definition of "a course of therapeutic radiation" from clause 9, thereby clarifying and potentially expanding the criteria for entitlements related to malignant neoplasm of the oesophagus. The changes are effective as per the date specified in accordance with the Legislative Instruments Act 2003. This amendment does not extend to any other conditions or diseases outside the scope of malignant neoplasm of the oesophagus, nor does it alter the existing structure of entitlements or compensation under the Military Rehabilitation and Compensation Act 2004.
Key Provisions
The key provisions of this legislation, as outlined in Statement of Principles Instrument No. 55 of 2011, primarily focus on amendments to Statement of Principles Instrument No. 41 of 2007 concerning malignant neoplasm of the oesophagus (sections 2 and 3). The main changes include replacing existing factor 6(d) with a new factor related to 'ionising radiation' and introducing the definition of 'cumulative equivalent dose' in clause 9 (section 2). Additionally, the definition of 'a course of therapeutic radiation' has been removed from clause 9 (section 2). The document also specifies the effective date of the amendments in accordance with the Legislative Instruments Act 2003 (section 3).
The obligations and requirements imposed by this legislation on the parties or entities it governs include ensuring that the amendments to the Statement of Principles are implemented and adhered to within the specified timeframe. The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986 (VEA), has a responsibility to review and revise the conditions for entitlement to benefits related to malignant neoplasm of the oesophagus. This involves a thorough investigation process, including advertising the intention to investigate and soliciting submissions from relevant organisations and individuals (sections 4 and 5).
In terms of offences, penalties, or consequences for breach, the explanatory notes do not specify any particular penalties or sanctions for non-compliance with the provisions of this Instrument. However, breaches of the legislative requirements under the VEA and the Military Rehabilitation and Compensation Act 2004 could potentially lead to legal actions or administrative consequences, depending on the nature and severity of the breach. The maximum penalties for offences under these Acts would be determined by the specific provisions of the relevant laws.