Overview

The Repatriation Medical Authority Instrument No. 71 of 2011 amends the Statement of Principles Instrument No. 81 of 2007 concerning non-melanotic malignant neoplasm of the skin under the Veterans’ Entitlements Act 1986. This legislation was enacted to address gaps and provide clarity in the assessment and compensation for veterans who have developed non-melanotic malignant neoplasm of the skin, potentially due to their service. The Authority, established under the Veterans’ Entitlements Act 1986, undertook an investigation into this condition, culminating in this Instrument. The amendments include replacing and re-numbering factors related to the condition, updating definitions, and specifying an effective date for the changes. This Instrument aims to streamline the assessment process and ensure that affected veterans receive appropriate recognition and compensation for their condition.

Scope and Application

The Repatriation Medical Authority Instrument No. 71 of 2011 amends the Statement of Principles Instrument No. 81 of 2007 concerning non-melanotic malignant neoplasm of the skin under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004. This instrument applies to veterans and their dependants who have been diagnosed with non-melanotic malignant neoplasm of the skin and are seeking benefits under the specified Acts. The changes include the introduction of a new factor related to 'ionising radiation', the renumbering of existing factors, and modifications to the definitions of terms such as 'cumulative equivalent dose'. The amendments are intended to clarify and refine the criteria for determining the eligibility of veterans for benefits related to their medical conditions. The Authority determined this Instrument after an investigation that included public notices and invitations for submissions from relevant parties, although no submissions were received. The changes have been set to take effect on a specified date in accordance with the Legislative Instruments Act 2003.

Key Provisions

The Veterans’ Entitlements Act 1986 (VEA) has been amended through the Repatriation Medical Authority Instrument No. 71 of 2011, specifically targeting Statement of Principles Instrument No. 81 of 2007 concerning non-melanotic malignant neoplasm of the skin. This Instrument, determined under subsection 196B(2) and (8) of the VEA, introduces significant changes to the existing framework. It replaces factor 6(d) with a new factor concerning "ionising radiation" and deletes factor 6(e), which is now subsumed by the new factor. Additionally, it re-numbers the subsequent factors 6(f) to 6(t) as 6(e) to 6(s), respectively, and adjusts clause 7 to reflect these changes. Clause 9 also sees modifications, with the definition of "cumulative equivalent dose" being replaced and the definitions of "a course of therapeutic radiation" and "atomic radiation" being removed. This legislative amendment imposes certain obligations on the parties it governs. Primarily, it requires the Repatriation Medical Authority to undertake an investigation into the condition of non-melanotic malignant neoplasm of the skin, as advertised in the Government Notices Gazettes on 1 September 2010 and 3 November 2010. The Authority is mandated to solicit submissions from relevant organisations and experts, although in this instance, no submissions were received. The Authority must also ensure that any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA can access a list of references relating to the condition upon written request. The consequences for non-compliance or breach of this Act are not explicitly detailed in the text. However, the Repatriation Medical Authority’s role in determining and enforcing these legislative changes underscores the importance of adherence to the updated provisions. The legislative instruments act and the general legal framework would apply to ensure that the authority’s decisions and the amendments they implement are legally sound and enforceable. Any breaches of the legislative requirements could potentially lead to civil or administrative penalties, though the specifics are not provided in the text.