REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 49 OF 2009
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. 49 of 2009.
2. This instrument amends Instrument No. 70 of 2008 Statement of Principles concerning personality disorder (‘the Instrument’) by replacing the definition for "severe childhood abuse" in clause 9.
3. The 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 personality disorder in the Government Notices Gazette of 14 January 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. No submissions were received for consideration by the Authority during the investigation.
5. The determining of this new instrument finalises the investigation in relation to personality disorder as advertised in the Government Notices Gazette of 14 January 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. 49 of 2009 is a legislative instrument enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument serves to amend Statement of Principles Instrument No. 70 of 2008 concerning personality disorder, specifically by revising the definition of "severe childhood abuse" in clause 9. The Authority undertook an investigation into this matter, as advertised in the Government Notices Gazette on 14 January 2009, and invited submissions from relevant stakeholders, though none were received. The enactment of this instrument finalises the investigation and provides a specified date of effect in line with the Legislative Instruments Act 2003. The policy objective appears to be to ensure that the definitions and criteria used in assessing veterans’ entitlements are accurate and reflective of current understandings of relevant medical conditions.
Scope and Application
The Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 are the primary pieces of legislation that the Repatriation Medical Authority Instrument No. 49 of 2009 amends. This instrument specifically modifies Instrument No. 70 of 2008, which concerns the Statement of Principles for personality disorder, by replacing the definition for "severe childhood abuse" in clause 9. The Authority, under the VEA, undertook an investigation into personality disorder, advertised in the Government Notices Gazette on 14 January 2009, and invited submissions from relevant parties, although none were received. This instrument formalises the conclusion of that investigation. The amendment applies to individuals who are veterans or service personnel, their dependants, and any organisations or experts in the field of veterans' health, thereby affecting their eligibility for certain benefits under the VEA. The instrument's geographic reach is national, as it pertains to veterans and their dependants across Australia. There are no stated exclusions or exemptions in the instrument itself, but its application can be further defined or restricted through subordinate instruments or regulations.
Key Provisions
The Repatriation Medical Authority Instrument No. 49 of 2009 amends the Statement of Principles concerning personality disorder, specifically altering the definition of "severe childhood abuse" in clause 9. This alteration is made under the authority provided by sections 196B(2) and 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) and is effective from a date specified in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. This instrument replaces the previous definition set out in Instrument No. 70 of 2008.
The obligations imposed by this instrument on the parties it governs primarily concern the re-evaluation of claims related to personality disorder based on the updated definition of "severe childhood abuse." This definition now sets clearer parameters for what constitutes severe childhood abuse, which is crucial for assessing the eligibility of veterans for benefits under the Military Rehabilitation and Compensation Act 2004. The Authority is required to ensure that all relevant stakeholders, including veterans, service personnel, and their dependents, are informed about these changes. Additionally, the Authority must facilitate the submission of new or amended claims that align with the new definition, ensuring transparency and fairness in the claims process.
There are no specific offences or penalties mentioned in the text for breaching the provisions of this instrument. However, any non-compliance with the requirements set out by the Repatriation Medical Authority or failure to adhere to the new definition of "severe childhood abuse" could potentially result in the rejection of claims or other administrative consequences. While the text does not explicitly detail civil or criminal penalties, it is implied that strict adherence to the legislative and authoritative guidelines is necessary to avoid adverse outcomes in the adjudication of claims. The Authority is empowered to enforce these provisions to ensure the integrity and consistency of the compensation process for veterans.