REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 64 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. 64 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 47 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. 64 of 2011, made under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of malignant neoplasm of the salivary gland, specifically amending the Statement of Principles Instrument No. 47 of 2004. This legislative instrument was introduced to refine the criteria for recognising conditions related to this type of cancer in veterans and service personnel, ensuring that the assessment of entitlement is accurate and comprehensive. The Authority, which operates under the oversight of the relevant legislation, conducted an investigation into this matter and finalised the changes by issuing this instrument, which specifies the effective date of the amendment. The instrument replaces and renumbers certain factors, redefines specific terms, and deletes outdated clauses to better align with current medical understanding and practices. The Authority sought and considered submissions from relevant stakeholders during the investigation phase, although none were received. This instrument thus serves to update and streamline the recognition and compensation process for veterans affected by this specific condition.
Scope and Application
The Repatriation Medical Authority Instrument No. 64 of 2011 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by updating the Statement of Principles regarding malignant neoplasm of the salivary gland. This Instrument applies to veterans and service personnel affected by this condition and seeks to refine the criteria for determining the cause and associated entitlements. It specifies amendments such as replacing and re-numbering factors related to the condition, updating definitions, and deleting certain redundant clauses. The changes are designed to provide clearer and more accurate assessments of the condition and its relationship to service factors. This legislative instrument extends to the Commonwealth of Australia and affects all relevant veterans and service personnel within its jurisdiction. There are no stated exclusions or exemptions within the text of the explanatory notes, though specific entitlements and benefits may be subject to individual assessment and other legislative criteria. The Authority has the power to extend or restrict the application of this Instrument through subordinate instruments, though such measures are not detailed in the explanatory notes.
Key Provisions
The Repatriation Medical Authority Instrument No. 64 of 2011 amends the existing Statement of Principles concerning malignant neoplasm of the salivary gland. This amendment is based on the authority conferred under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA). The key changes include replacing and re-numbering several factors and clauses, reflecting updated considerations regarding ionising radiation and treatment with radioactive iodine. Specifically, factor 5(a) now addresses 'ionising radiation', while factor 5(b) focuses on 'treatment with radioactive iodine'. The existing factors 5(c) and 5(d) have been deleted as they are now covered by the new factors, and factors 5(e) and 5(f) have been re-numbered to 5(c) and 5(d) respectively. Clause 6 has also been updated to align with these changes, and the definition of "cumulative equivalent dose" in clause 8 has been replaced. Additionally, the definitions of "a course of therapeutic radiation" and "atomic radiation" have been removed from clause 8.
The obligations imposed by this Instrument include ensuring that all relevant parties and entities comply with the updated Statement of Principles. This involves making necessary adjustments to how claims related to malignant neoplasm of the salivary gland are assessed and processed. Organisations and individuals involved in the administration and adjudication of veterans’ entitlements must adhere to these changes to ensure accurate and fair treatment of claims. Furthermore, the Repatriation Medical Authority is responsible for communicating these changes effectively to all stakeholders, including veterans, service personnel, and their dependants, to ensure that they are aware of the updated criteria and requirements.
Failure to comply with the provisions of this Instrument may result in civil or criminal consequences, although the explanatory statement does not specify any particular offences or penalties. However, the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 provide a framework under which non-compliance could be prosecuted. Typically, penalties for breaches of such legislation can include fines and, in more serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the relevant Acts. It is essential for all parties to understand and implement the changes as outlined in this Instrument to avoid any potential legal ramifications.