REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 83 OF 2010
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(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 83 of 2010.
2. This Instrument amends Statement of Principles Instrument No. 65 of 2007 concerning Parkinson's disease and parkinsonism by:
- revising factors 6(a)(i), 6(b)(i) and 6(c) concerning 'inhaling, ingesting or having cutaneous contact with a pesticide from the specified list'; and
- adding the definition of 'a pesticide from the specified list' in clause 9.
3. This Instrument also specifies a date of effect for the amendment in accordance with sub-section 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 Parkinson's disease and parkinsonism in the Government Notices Gazette of 4 November 2009, and circulated a copy of the notice 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. Two submissions were received for consideration by the Authority during the investigation.
5. The determining of this Instrument finalises the investigation in relation to Parkinson's disease and parkinsonism as advertised in the Government Notices Gazette of 4 November 2009.
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. 83 of 2010 amends the Statement of Principles Instrument No. 65 of 2007 concerning Parkinson's disease and parkinsonism under the Veterans’ Entitlements Act 1986. This legislative instrument was introduced to address the need for updating the criteria for determining service-related Parkinson's disease and parkinsonism, particularly regarding exposure to specified pesticides. The Repatriation Medical Authority, established under the VEA, finalised this investigation following the advertisement of its intention in the Government Notices Gazette of 4 November 2009. The instrument revises specific factors related to exposure to pesticides and adds a definition for "a pesticide from the specified list." The enacting body was the Repatriation Medical Authority, and the policy objective was to refine the criteria for veterans' entitlements related to Parkinson's disease and parkinsonism.
Scope and Application
The Repatriation Medical Authority Instrument No. 83 of 2010 amends Statement of Principles Instrument No. 65 of 2007 concerning Parkinson's disease and parkinsonism, thereby extending the scope of the Veterans’ Entitlements Act 1986. This Instrument applies to veterans and service personnel affected by Parkinson's disease and parkinsonism, specifically those who may have been exposed to pesticides from a specified list. The revision of factors 6(a)(i), 6(b)(i), and 6(c) concerning exposure to such pesticides and the addition of the definition in clause 9 aim to provide clearer criteria for eligibility under the Act. This legislative change is applicable nationally, as it is determined under the Commonwealth framework of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority’s investigation and subsequent determination were made with broad consultation with relevant organisations and individuals, ensuring that the amendments are well-considered and supported by expert input.
Key Provisions
The key provisions of Statement of Principles Instrument No. 83 of 2010 pertain to the amendment of Statement of Principles Instrument No. 65 of 2007 concerning Parkinson's disease and parkinsonism. This instrument amends specific factors related to exposure to pesticides, namely factors 6(a)(i), 6(b)(i), and 6(c). The amendments are made under subsection 196B(2) and (8) of the Veterans' Entitlements Act 1986 (VEA). The revised factors now more precisely detail the types of exposure to pesticides that may be considered relevant in determining the entitlement to compensation for Parkinson's disease and parkinsonism among veterans and service personnel. Additionally, the instrument introduces a definition for 'a pesticide from the specified list' in clause 9, providing clarity on which pesticides are included in the scope of these provisions.
The obligations imposed by this instrument on the parties it governs primarily revolve around ensuring that claims related to Parkinson's disease and parkinsonism are evaluated with the updated criteria in mind. The Repatriation Medical Authority, which is responsible for the administration of veterans' entitlements, must now consider the revised factors and definitions when assessing claims. This includes reviewing the evidence of exposure to pesticides and determining whether such exposure meets the criteria outlined in the amended factors. Organisations and individuals representing veterans and service personnel must also be aware of these changes to ensure that they provide accurate and relevant information in support of their claims.
Breaches or non-compliance with the provisions of this instrument could lead to various civil and criminal consequences. While specific offences and penalties are not detailed in the explanatory notes, general provisions of the VEA and the Legislative Instruments Act 2003 apply. Under these acts, failure to comply with the statutory requirements for the assessment and determination of veterans' entitlements could result in civil penalties. In more serious cases, particularly those involving fraudulent claims or deliberate misrepresentation of facts, criminal charges could be pursued, leading to potential imprisonment and fines. The maximum penalties would be consistent with those outlined in the VEA and other relevant legislation. It is essential for all parties involved to adhere to the legal requirements to avoid any adverse consequences.