Overview

The Repatriation Medical Authority Instrument No. 50 of 2009, which amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address gaps in the definition and criteria for determining severe childhood abuse in relation to personality disorders. This instrument was enacted in 2009 by the Repatriation Medical Authority under the authority granted by the Veterans’ Entitlements Act 1986. The Authority sought to refine the definition of "severe childhood abuse" for the purposes of Statement of Principles Instrument No. 50 of 2009, thereby ensuring a more accurate assessment of personality disorders in veterans. The Authority conducted an investigation and invited submissions from relevant parties, though none were received. The instrument specifies a date of effect in accordance with the Legislative Instruments Act 2003, formalising the amendment process and finalising the investigation as advertised in the Government Notices Gazette of 14 January 2009.

Scope and Application

This legislative instrument amends the Statement of Principles concerning personality disorder, which is governed by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Specifically, it replaces the definition for "severe childhood abuse" in clause 9 of Instrument No. 71 of 2008, thereby refining the criteria for determining the eligibility of veterans and service personnel for compensation related to personality disorders. The Repatriation Medical Authority undertook an investigation into this matter, advertising its intention in the Government Notices Gazette and inviting submissions from relevant organisations and individuals. However, no submissions were received, and the Authority proceeded to determine this new instrument, finalising the investigation as advertised. This amendment applies to veterans and service personnel who have been affected by personality disorders and who may have experienced severe childhood abuse, potentially impacting their eligibility for certain benefits under the Acts. The revised definition aims to ensure that the criteria for such entitlements are accurately and fairly applied.

Key Provisions

The primary operative sections of this legislation, F2009L02420, pertain to the amendment of Instrument No. 71 of 2008 Statement of Principles concerning personality disorder. Specifically, section 2 replaces the definition of "severe childhood abuse" in clause 9 of the Instrument. This amendment is made under the authority of subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA). The amendment is effective from a specified date, in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003, as detailed in section 3. The Repatriation Medical Authority, under the VEA and the Military Rehabilitation and Compensation Act 2004, is responsible for determining and publishing these instruments. The Authority’s obligations include conducting investigations into conditions affecting veterans and updating the relevant Statements of Principles as necessary. In this case, the Authority advertised its intention to investigate personality disorders in the Government Notices Gazette of 14 January 2009 and invited submissions from various stakeholders, including the Repatriation Commission and relevant organisations. Despite the invitation, no submissions were received during the investigation, as mentioned in section 4. Moreover, the Authority is tasked with ensuring transparency and accessibility of the amended Instrument. This involves making a list of references related to the condition available to specified persons or organisations, as stipulated in subsection 196E(1)(a) to (c) of the VEA. Requests for these references must be made in writing to the Repatriation Medical Authority, as outlined in section 6. In terms of consequences, while the explanatory notes do not explicitly detail offences or penalties for non-compliance with the provisions of this instrument, breaches of the VEA or the Military Rehabilitation and Compensation Act 2004 could result in civil or criminal penalties. These penalties may include fines or imprisonment, depending on the severity of the breach and the specific provisions of the relevant Acts. The exact penalties would be governed by the applicable sections of the VEA and the Military Rehabilitation and Compensation Act 2004.