Overview

The Repatriation Medical Authority Instrument No. 67 of 2011 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, focusing on the Statement of Principles concerning malignant neoplasm of the thyroid gland. This legislation addresses the gap in the existing framework by updating the criteria for determining entitlements related to thyroid cancer, specifically by replacing and refining factors related to ionising radiation. The Authority undertook an investigation and solicited submissions from relevant parties before finalising the amendment. This legislative instrument aims to ensure that veterans and service personnel receive appropriate recognition and compensation for conditions linked to their service, reflecting an objective to provide clarity and fairness in the assessment of related health conditions. The instrument was enacted by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act 1986, with the specific purpose of refining the criteria for malignant neoplasm of the thyroid gland. The Authority's determination follows an investigation initiated in 2010, which involved public notices and requests for submissions to ensure comprehensive consideration of the matter. The policy objective is to enhance the accuracy and effectiveness of the legislative provisions governing veterans’ health entitlements, particularly in relation to conditions that may have been caused or exacerbated by service-related exposures.

Scope and Application

The Repatriation Medical Authority Instrument No. 67 of 2011 amends Statement of Principles Instrument No. 9 of 2006 concerning malignant neoplasm of the thyroid gland under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislation applies to veterans and service personnel who have been diagnosed with malignant neoplasm of the thyroid gland, and it involves modifying the factors and definitions that determine eligibility for compensation related to this condition. The changes introduced by this Instrument include replacing existing factors related to exposure to ionising radiation, re-numbering other factors, updating the definition of "cumulative equivalent dose", and removing certain redundant definitions. The Authority conducted an investigation into this condition and invited submissions from relevant organisations and individuals, although none were received. The Instrument specifies the effective date of the amendment, finalising the investigation that was initially advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010. The scope of this legislation is national, as it pertains to veterans and service personnel across Australia.

Key Provisions

The Repatriation Medical Authority Instrument No. 67 of 2011 amends Statement of Principles Instrument No. 9 of 2006 concerning malignant neoplasm of the thyroid gland, as authorised under section 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA). This amendment, effective from a specified date as per subsection 12(1)(a) of the Legislative Instruments Act 2003, replaces existing factor 6(a)(i) with a factor concerning 'ionising radiation'. It also deletes factors 6(a)(ii) and 6(a)(iii), which are now subsumed by the new factor 6(a)(i). Additionally, the existing factors 6(a)(iv) and 6(a)(v) are renumbered to 6(a)(ii) and 6(a)(iii), respectively. The definition of "cumulative equivalent dose" in clause 9 is replaced, and the definitions of "a course of therapeutic radiation" and "atomic radiation" are deleted from clause 9. The Authority is required to consult widely with relevant stakeholders, including the Repatriation Commission and organisations representing veterans and service personnel, before determining such instruments. This involves advertising intentions to investigate in the Government Notices Gazettes and inviting submissions from interested parties. For this particular instrument, no submissions were received, but the Authority proceeded with the determination following the advertised investigation. In terms of obligations, the Repatriation Medical Authority must ensure that the amendments accurately reflect current medical understanding and provide appropriate considerations for veterans’ entitlements. The Authority must also make relevant information, including references related to the condition, available to any person or organisation referred to in section 196E(1)(a) to (c) of the VEA upon written request. This transparency and accessibility requirement ensures that all stakeholders can access pertinent information regarding the amendments. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the explanatory notes for breaching the provisions of this Instrument. However, it is implied that adherence to the legislative process, including proper consultation and publication of intentions and results, is critical. Failure to comply with these procedural requirements could potentially lead to legal challenges or reviews, but such consequences would not be unique to this specific instrument and would depend on broader administrative law principles.