Overview

The Repatriation Medical Authority Instrument No. 69 of 2011 amends Statement of Principles Instrument No. 44 of 2004 concerning malignant neoplasm of unknown primary site under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The instrument introduces changes to the statement of principles by replacing and re-numbering certain factors, deleting redundant definitions, and updating the definition of "cumulative equivalent dose." This legislative instrument was enacted to address issues related to the classification and recognition of malignant neoplasm of unknown primary site among veterans and service personnel. The Repatriation Medical Authority, which operates under the authority granted by the Veterans’ Entitlements Act 1986, determined this instrument following an investigation into the condition, as advertised in the Government Notices Gazettes in September and November 2010. The Authority did not receive any submissions during this investigation. The instrument specifies an effective date in accordance with the Legislative Instruments Act 2003 and aims to finalise the investigation into malignant neoplasm of unknown primary site.

Scope and Application

This legislation pertains to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, as amended by the Repatriation Medical Authority Instrument No. 69 of 2011. It specifically applies to the determination of Statement of Principles concerning malignant neoplasm of unknown primary site, affecting veterans and service personnel who may be eligible for benefits under these Acts. The geographic and jurisdictional reach of this Act is national, as it pertains to veterans across Australia and their entitlements under Commonwealth legislation. The Instrument modifies existing factors related to ionising radiation, removes redundant definitions, and updates the legislative framework to better address conditions related to malignant neoplasm of unknown primary site. There are no stated exclusions or exemptions in this particular Instrument, but the general application of the Acts may involve specific criteria for eligibility and benefit assessment. The authority to extend or restrict the application of this Act through subordinate instruments is acknowledged, although no such extensions or restrictions are detailed in this particular Instrument.

Key Provisions

The main operative sections of this Instrument, as stated in the explanatory notes, pertain to the amendment of Statement of Principles Instrument No. 44 of 2004 concerning malignant neoplasm of unknown primary site (subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986). This amendment replaces existing factor 5(c) with a new factor concerning 'ionising radiation', deletes factor 5(d) as it is now subsumed by the new factor, and re-numbers factor 5(e) to 5(d). Additionally, clause 6 is replaced to reflect the changes in factors, the definition of 'cumulative equivalent dose' in clause 8 is updated, and the definitions of 'a course of therapeutic radiation' and 'atomic radiation' are deleted from clause 8. The Instrument also sets a date of effect for the amendment in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. The Act imposes certain obligations on the Repatriation Medical Authority, primarily concerning the investigation and finalisation of matters related to malignant neoplasm of unknown primary site. The Authority is required to advertise its intention to investigate in the Government Notices Gazettes, as was done on 1 September 2010 and 3 November 2010. The Authority also circulated notices of intention to investigate to relevant organisations and invited submissions from specified groups, including the Repatriation Commission and any person with expertise in the field. Although no submissions were received, the Authority must ensure that all relevant stakeholders are informed and have the opportunity to provide input during the investigation. In terms of offences, penalties, or consequences for breach, the explanatory notes do not specify any particular offences related to the Instrument itself. However, the legislative process and the statutory framework under which the Authority operates may have broader implications. Under the Veterans’ Entitlements Act 1986, failure to comply with the provisions of the Act or its instruments may result in civil or criminal consequences, depending on the nature and severity of the breach. Penalties can vary, but in the case of the Veterans’ Entitlements Act, offences may be subject to fines and, in more severe cases, imprisonment. The maximum penalties would be determined by the relevant provisions of the Act and any applicable common law or subsidiary legislation.