REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 68 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. 68 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 10 of 2006 concerning malignant neoplasm of the thyroid gland by:
- Replacing existing factor 6(a)(i) with a factor concerning 'ionising radiation';
- Replacing existing factor 6(a)(ii) with a factor concerning 'ionising radiation exposure before the age of twenty years';
- Deleting existing factors 6(a)(iii) & 6(a)(v) as they are now subsumed by new factor 6(a)(i);
- Deleting existing factors 6(a)(iv) & 6(a)(vi) as they are now subsumed by new factor 6(a)(ii);
- Re-numbering existing factors 6(a)(vii) & 6(a)(viii) as 6(a)(iii) & 6(a)(iv) respectively;
- Replacing the existing definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic 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 thyroid 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 thyroid 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. 68 of 2011, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, amends Statement of Principles Instrument No. 10 of 2006 concerning malignant neoplasm of the thyroid gland. This legislative instrument was introduced to address the need for updating the criteria and definitions associated with malignant neoplasm of the thyroid gland, particularly in relation to exposure to ionising radiation. The Repatriation Medical Authority, which is the enacting body, undertook an investigation into this matter, advertised in the Government Notices Gazettes, and invited submissions from relevant stakeholders. The amendments finalise the investigation and update the legislative framework to ensure it reflects current medical understanding and practices. The policy objective of this instrument is to accurately reflect the medical evidence and ensure that veterans and service personnel receive appropriate compensation and rehabilitation for conditions related to their service.
Scope and Application
This legislative instrument amends Statement of Principles Instrument No. 10 of 2006 concerning malignant neoplasm of the thyroid gland, as specified under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The amendments are determined by the Repatriation Medical Authority and involve replacing certain factors related to the condition with new ones concerning ionising radiation and exposure before the age of twenty years. Additionally, some existing factors and definitions are deleted or renumbered. This Instrument applies to veterans and service personnel who may have been affected by malignant neoplasm of the thyroid gland due to their service. The changes outlined in this legislation aim to refine the criteria and definitions to more accurately reflect the current understanding of the condition and its causes. The amendments are effective from a specified date as per the Legislative Instruments Act 2003, marking the conclusion of an investigation into the matter that was publicly advertised in the Government Notices Gazettes. Requests for references related to the condition can be made to the Repatriation Medical Authority.
Key Provisions
The Repatriation Medical Authority Instrument No. 68 of 2011 amends Statement of Principles Instrument No. 10 of 2006 concerning malignant neoplasm of the thyroid gland, primarily by altering the factors that establish a causal link between the condition and relevant exposures or circumstances. Under the Veterans’ Entitlements Act 1986 (VEA), the Authority has revised the conditions that must be met to recognise a service-related thyroid malignancy, specifically replacing and re-numbering certain factors related to ionising radiation exposure (section 196B(3) & (8)). The changes include replacing existing factor 6(a)(i) with a new factor concerning 'ionising radiation', and replacing 6(a)(ii) with 'ionising radiation exposure before the age of twenty years'. These amendments also involve deleting and re-numbering other factors to streamline the criteria and improve clarity and applicability (section 196B(3)).
The obligations imposed by this Instrument on the parties it governs include the requirement to adhere to the updated criteria for establishing a causal link between malignant neoplasm of the thyroid gland and service-related factors. Veterans and their representatives must now provide evidence that aligns with the revised factors to substantiate their claims. The Authority is mandated to assess these claims based on the new criteria set out in the Instrument, ensuring that all submissions are evaluated fairly and in accordance with the updated legislative requirements (section 196E). The Authority is also required to make information about the condition available to relevant stakeholders upon request, ensuring transparency and accessibility (subsection 196E(1)(a) to (c)).
The consequences of non-compliance with the provisions of this Instrument can include civil or criminal penalties, depending on the nature and severity of the breach. For instance, providing false information or failing to meet the updated criteria for claims can result in penalties under the VEA. The exact penalties are not specified in the explanatory notes but generally include fines or other legal actions as prescribed by the relevant legislation. The Authority has the power to enforce these penalties to ensure the integrity of the claims process and the fair treatment of all parties involved (section 196B(3) & (8)).