Overview

The Repatriation Medical Authority Instrument No. 92 of 2011 amends the Veterans’ Entitlements Act 1986, specifically addressing Statement of Principles Instrument No. 1 of 2008 concerning malignant neoplasm of the urethra. This legislative instrument was enacted to refine the criteria and factors associated with the condition, enhancing the precision and relevance of medical assessments and entitlements for affected veterans. The Authority, established under the Veterans’ Entitlements Act 1986, initiated this amendment to better align with current medical-scientific understanding and to streamline the assessment process. The instrument deletes certain factors, rewords clauses, and removes outdated definitions to ensure the legislative framework remains effective and responsive to contemporary medical knowledge. The Authority followed due process by advertising its intention to investigate and inviting submissions from relevant stakeholders, though no submissions were received during the investigation phase.

Scope and Application

The Repatriation Medical Authority Instrument No. 92 of 2011 amends the Statement of Principles Instrument No. 1 of 2008 concerning malignant neoplasm of the urethra under the Veterans’ Entitlements Act 1986 (VEA). This amendment applies to veterans, service personnel, their dependants, and relevant organisations who may be affected by the changes in the medical criteria for this condition. The instrument modifies the existing legal framework by deleting certain factors and clauses, rewording specific sections, and re-numbering clauses to streamline and update the conditions considered under the Act. Geographically, the Act pertains to matters handled by the Repatriation Medical Authority, which operates under Commonwealth jurisdiction. The Authority’s decision-making process involved an investigation, public notice, and consultation with relevant parties, though no submissions were received. The changes take effect as per the date specified in the Legislative Instruments Act 2003, and interested parties can request a list of references related to the condition by submitting a written request to the Repatriation Medical Authority.

Key Provisions

The main operative sections of this Instrument, Statement of Principles Instrument No. 92 of 2011, amend Statement of Principles Instrument No. 1 of 2008 concerning malignant neoplasm of the urethra. This revision deletes existing factor 6(e) which pertains to 'therapeutic radiation' and rewords clauses 4 and 5 (section 2). Additionally, it removes the headnotes and clauses 6, 7, and 8, re-numbers existing clauses to reflect the changes, and deletes the definition of 'a course of therapeutic radiation' (section 2). The Instrument specifies an effective date for the amendment in line with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3). These changes formalise the Authority's investigation into malignant neoplasm of the urethra, which was advertised in the Government Notices Gazette on 3 November 2010. The Repatriation Medical Authority is obligated to advertise its intention to investigate matters related to veterans' health conditions and invite submissions from relevant parties, as outlined in section 196E of the Veterans’ Entitlements Act 1986 (VEA). In this instance, the Authority circulated notices to a broad spectrum of organisations and individuals, including those representing veterans and service personnel, and experts in the field. Despite these efforts, no submissions were received (sections 4 and 5). The Authority also provided an opportunity for organisations to make representations on the proposed Instrument prior to its determination, again without receiving any submissions (section 5). The Instrument imposes certain procedural requirements on the Repatriation Medical Authority, such as advertising the investigation in the Government Notices Gazette and inviting submissions from relevant stakeholders. Additionally, it mandates the deletion of specific factors and clauses, as well as the re-numbering of clauses to maintain consistency within the legislative framework. The Authority must also ensure that the amended Instrument is made available to any person or organisation as specified in subsection 196E(1)(a) to (c) of the VEA, upon written request (section 7). There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breach of the provisions in this Instrument. However, failure to comply with the requirements of the VEA or the Legislative Instruments Act 2003 could potentially lead to legal repercussions under those respective Acts. The Authority’s process of advertising investigations and inviting submissions is aimed at ensuring transparency and inclusiveness, but does not specify penalties for non-compliance with these procedural steps.