REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 72 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. 72 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 82 of 2007 concerning non-melanotic malignant neoplasm of the skin by:
- Replacing existing factor 6(c) with a factor concerning 'ionising radiation';
- Deleting existing factor 6(d) as it is now subsumed by new factor 6(c);
- Re-numbering existing factors 6(e) to 6(s) as 6(d) to 6(r) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- 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 non-melanotic malignant neoplasm of the skin 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 non-melanotic malignant neoplasm of the skin 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. 72 of 2011 amends the Statement of Principles concerning non-melanotic malignant neoplasm of the skin under the Veterans’ Entitlements Act 1986. This legislative instrument was enacted to address gaps and inconsistencies in the previous framework regarding the eligibility criteria for veterans suffering from non-melanotic malignant neoplasm of the skin. The instrument modifies existing factors and definitions to better align with current medical understanding and evidence, particularly regarding the role of ionising radiation. The Authority, in making these amendments, followed a formal investigation process, which included public notices and an invitation for submissions from relevant stakeholders. This process aimed to ensure that the changes were based on thorough research and consultation, ultimately contributing to more accurate and fair assessments for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 72 of 2011, issued under the Veterans' Entitlements Act 1986, amends Statement of Principles Instrument No. 82 of 2007 concerning non-melanotic malignant neoplasm of the skin. This legislative instrument applies to veterans and service personnel, as well as their dependants, who may be affected by the amendments to the Statement of Principles. The changes include replacing and re-numbering certain factors related to the condition, updating the definition of "cumulative equivalent dose," and removing redundant definitions. This Instrument does not specify any exclusions or thresholds but is designed to ensure that the criteria for assessing the condition are comprehensive and up-to-date. The amendments reflect the Authority's investigation into the condition, which was advertised in the Government Notices Gazettes and open to submissions from relevant organisations and experts. The Instrument also sets a date of effect for these amendments, aligning with the Legislative Instruments Act 2003.
Key Provisions
The Repatriation Medical Authority (the Authority) has amended the Statement of Principles Instrument No. 82 of 2007 concerning non-melanotic malignant neoplasm of the skin under section 196B of the Veterans’ Entitlements Act 1986 (VEA) (section 2). This amendment, Statement of Principles Instrument No. 72 of 2011, introduces several significant changes. It replaces the existing factor 6(c) with a new factor concerning 'ionising radiation' and deletes the redundant factor 6(d), which is now subsumed by the new factor 6(c). Additionally, the existing factors 6(e) to 6(s) are renumbered to 6(d) to 6(r) respectively. Clause 7 is also updated to reflect these changes. 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 the same clause.
Under this amended Instrument, the obligations of the parties involved primarily revolve around the new provisions concerning ionising radiation and the updated definitions. The Authority must now consider ionising radiation as a factor in cases of non-melanotic malignant neoplasm of the skin. Any parties, such as veterans or service personnel, affected by these changes must ensure that their claims or applications comply with the new requirements. The Authority’s determination finalises the investigation into the condition as previously advertised in the Government Notices Gazettes, and all submissions and references relevant to the condition are now governed by these updated principles.
The new Instrument imposes specific requirements on those submitting claims related to non-melanotic malignant neoplasm of the skin. Claimants must now provide evidence or documentation pertaining to exposure to ionising radiation, as this is now a critical factor in the assessment. Any changes to the definitions used in these assessments must be adhered to by all parties involved in the claims process, ensuring consistency and accuracy in the application of the legislation.
In terms of consequences for non-compliance or breach, the explanatory notes do not explicitly outline specific offences, penalties, or consequences for breach under this Instrument. However, the overarching legislation, including the VEA and the Military Rehabilitation and Compensation Act 2004, provides a framework within which any breaches might be addressed. Generally, failure to comply with the requirements of the Act or the Instrument could result in the rejection of a claim or other administrative consequences. It is important for claimants and their representatives to ensure that all submissions and claims are fully compliant with the amended provisions to avoid any potential adverse outcomes.