Overview

The Repatriation Medical Authority Instrument No. 62 of 2011 amends Statement of Principles Instrument No. 71 of 2009 concerning malignant neoplasm of the ovary under the Veterans’ Entitlements Act 1986. The Act was enacted to provide for the medical and other rehabilitation of ex-service personnel, and the compensation and other financial assistance to them and their dependants. This specific Instrument was introduced to address the need for updating the Statement of Principles regarding malignant neoplasm of the ovary to better reflect current medical understanding and evidence, particularly in relation to the role of ionising radiation. The Repatriation Medical Authority, which is part of the Australian Government's Department of Veterans' Affairs, determined this Instrument to finalise an investigation that was advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, inviting submissions from relevant stakeholders. The objective of this amendment is to ensure that the legislative framework accurately reflects the latest medical evidence concerning the causes and risk factors of malignant neoplasm of the ovary among veterans.

Scope and Application

This legislation pertains to the Repatriation Medical Authority's determination under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986, as part of Statement of Principles Instrument No. 62 of 2011. It amends Statement of Principles Instrument No. 71 of 2009 concerning malignant neoplasm of the ovary, introducing a new factor concerning 'ionising radiation', deleting an existing factor, re-numbering subsequent factors, and adjusting related clauses and definitions. This instrument applies to veterans and service personnel who may be affected by these changes, as well as their dependants, thereby impacting eligibility and compensation assessments under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendment is effective from a date specified in accordance with the Legislative Instruments Act 2003. The Authority's investigation process included advertising in the Government Notices Gazettes and soliciting submissions from relevant organisations and experts, although no submissions were received. This legislative instrument is a Commonwealth regulation, governing the scope of medical entitlements and conditions recognised for veterans across Australia.

Key Provisions

The key provisions of this legislation revolve around the amendment of the Statement of Principles Instrument No. 71 of 2009, which concerns malignant neoplasm of the ovary, under the Veterans’ Entitlements Act 1986 (VEA). Specifically, section 2 of the legislation introduces changes to factor 6(d), replacing it with a factor concerning "ionising radiation" and deleting factor 6(e) because it is now subsumed by the new factor 6(d). It also re-numbers existing factor 6(f) to 6(e), amends clause 7 to reflect these changes, updates the definition of "cumulative equivalent dose" in clause 9, and removes the definition of "atomic radiation" from clause 9. These amendments are intended to refine the criteria for assessing claims related to malignant neoplasm of the ovary in veterans. The obligations imposed by this legislation primarily involve the Repatriation Medical Authority (the Authority). Section 3 specifies a date of effect for the amendment, ensuring that the changes are implemented as intended. Furthermore, the Authority is mandated to advertise its intention to investigate in relation to malignant neoplasm of the ovary, as outlined in section 4. This advertising took place in the Government Notices Gazettes of 1 September 2010 and 3 November 2010. The Authority also circulated notices of intention to investigate to various organisations representing veterans, service personnel, and their dependants. Additionally, the Authority invited submissions from the Repatriation Commission, relevant organisations, and any experts in the field. This process ensures transparency and inclusiveness in the determination of the new Statement of Principles. Section 5 indicates that the determining of this Instrument finalises the investigation into malignant neoplasm of the ovary, as initially advertised. The legislation also provides for a list of references relating to the above condition, which is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any request for these references must be made in writing to the Repatriation Medical Authority at the specified address, as mentioned in section 6. This provision ensures that interested parties can access the relevant documentation and evidence used in the determination process. In terms of consequences for breach, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences. However, the Repatriation Medical Authority’s role in determining and implementing the amended Statement of Principles implies a responsibility to adhere to the legislative requirements. Non-compliance or failure to properly implement the amendments could potentially lead to legal challenges or reviews, particularly from affected parties or organisations. The Authority’s commitment to transparency and inclusiveness in its investigation and determination process is crucial in mitigating such risks.