REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 63 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. 63 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 46 of 2004 concerning malignant neoplasm of the salivary gland by:
- Replacing existing factor 5(a) with a factor concerning 'ionising radiation';
- Replacing existing factor 5(b) with a factor concerning 'treatment with radioactive iodine';
- Deleting existing factor 5(c) as it is now subsumed by new factor 5(a);
- Deleting existing factor 5(d) as it is now subsumed by new factor 5(b);
- Re-numbering existing factors 5(e) & 5(f) as 5(c) & 5(d) respectively;
- Replacing the existing clause 6 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 8; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" from clause 8.
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 salivary gland 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. 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 salivary gland 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. 63 of 2011 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to update the Statement of Principles concerning malignant neoplasm of the salivary gland. This legislative instrument addresses the need to refine the criteria and definitions related to the conditions for which veterans may be compensated, specifically focusing on factors related to ionising radiation and treatment with radioactive iodine. Enacted by the Repatriation Medical Authority under the authority granted by the Veterans' Entitlements Act 1986, the policy objective of this amendment is to ensure that the legislative framework accurately reflects current medical understanding and treatment practices, thereby providing appropriate and fair compensation to affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 63 of 2011 amends the Statement of Principles Instrument No. 46 of 2004 concerning malignant neoplasm of the salivary gland, and applies to the individuals and entities governed by the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This amendment focuses on the factors contributing to the development of malignant neoplasm of the salivary gland, specifically by replacing and re-numbering certain factors related to ionising radiation and treatment with radioactive iodine. The changes also involve the replacement of the existing clause 6, the redefinition of "cumulative equivalent dose," and the deletion of certain definitions such as "a course of therapeutic radiation" and "atomic radiation." The Instrument is effective as per the provisions of the Legislative Instruments Act 2003 and follows an investigation period during which no submissions were received for consideration. The Instrument concludes the investigation into the specified condition as advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010. Any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA may request a list of references related to this condition by submitting a written request to the Repatriation Medical Authority.
Key Provisions
The main operative sections of this Instrument concern the amendment of Statement of Principles Instrument No. 46 of 2004 regarding malignant neoplasm of the salivary gland (section 2). This includes replacing certain factors and deleting or re-numbering others (section 2). Additionally, it modifies the definitions and clauses to reflect the changes made (section 2). The Instrument also specifies the effective date of these amendments in accordance with the Legislative Instruments Act 2003 (section 3).
The obligations imposed by this Act on the parties it governs include the Repatriation Medical Authority (the Authority) conducting an investigation into malignant neoplasm of the salivary gland and advertising its intention to do so in the Government Notices Gazettes (section 4). The Authority must also invite submissions from relevant parties and consider them if received (section 5). Furthermore, 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 related to the condition by submitting a written request to the Repatriation Medical Authority (section 6).
There are no specific offences, penalties, or consequences mentioned in the explanatory notes for breaching the provisions of this Instrument. However, it is implied that failure to adhere to the stipulated procedures and requirements for the investigation and amendments could lead to legal challenges or disputes. The Authority's decision-making process and the publication of notices in the Government Notices Gazettes are intended to ensure transparency and due process, which can mitigate potential legal issues arising from non-compliance.