REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 93 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(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 93 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 15 of 2009 concerning schizophrenia by:
- Deleting existing factor 6(i) concerning 'therapeutic radiation';
- Deleting existing factor 6(j) concerning 'atomic radiation';
- Re-numbering existing factors "(k)" to "(u)" in clause 6 as "(i)" to "(s)" respectively;
- Replacing "6(k) to 6(u)" in clause 7 with "6(i) to 6(s)"; and
- Deleting the definitions of 'a course of therapeutic radiation', 'atomic radiation' and 'cumulative equivalent dose' 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 schizophrenia in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, 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. On 7 April 2011, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factors relating to ionising radiation. The Authority provided an opportunity to the organisations to make representations in relation to the proposed Instrument prior to its determination. No submissions were received for consideration by the Authority.
6. The determining of this Instrument finalises the investigation in relation to schizophrenia as advertised in the Government Notices Gazette of 1 September 2010 and 3 November 2010.
7. 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 Veterans’ Entitlements Act 1986 is an Australian legislation enacted to provide for the payment of benefits and allowances to veterans, their dependants, and persons affected by war service. The Military Rehabilitation and Compensation Act 2004 further complements the VEA by addressing rehabilitation and compensation for members of the Australian Defence Force who have been injured or become ill as a result of their service. The Repatriation Medical Authority Instrument No. 93 of 2011 amends the Statement of Principles Instrument No. 15 of 2009 concerning schizophrenia, addressing a gap in the legislative provisions related to the factors contributing to the condition. This amendment was determined by the Repatriation Medical Authority under the authority vested in it by the VEA and was tabled in accordance with the Legislative Instruments Act 2003. The Authority undertook an investigation into schizophrenia, advertised its intention in the Government Notices Gazette, and invited submissions from relevant organisations and experts, although none were received. The policy objective of this amendment is to refine the medical-scientific understanding of factors contributing to schizophrenia, specifically by removing outdated references to ionising radiation.
Scope and Application
This legislative instrument amends the Statement of Principles concerning schizophrenia under the Veterans’ Entitlements Act 1986, specifically addressing the removal of factors related to therapeutic and atomic radiation. It applies to veterans and service personnel who have been diagnosed with schizophrenia and are seeking benefits or compensation under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The changes made by this instrument impact the criteria for determining the service-connected nature of schizophrenia, effectively excluding certain medical conditions related to radiation exposure from being considered as factors contributing to the illness. The instrument’s jurisdiction is limited to the Commonwealth of Australia and it operates to modify existing legislation without introducing new substantive law. The Authority's decision is final and binding on the affected parties, with no further opportunity for submissions or appeals. The instrument’s amendments become effective on a date specified in accordance with the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 93 of 2011, under the Veterans’ Entitlements Act 1986 (VEA), concern the amendment of Statement of Principles Instrument No. 15 of 2009 relating to schizophrenia. The Authority has determined to delete certain factors related to ionising radiation, specifically existing factor 6(i) concerning 'therapeutic radiation' and factor 6(j) concerning 'atomic radiation'. Consequently, factors 6(k) to 6(u) have been renumbered to 6(i) to 6(s) respectively, and the definitions of 'a course of therapeutic radiation', 'atomic radiation' and 'cumulative equivalent dose' have been removed from clause 9. This amendment is aimed at refining the criteria and understanding of schizophrenia in the context of veterans’ entitlements.
The obligations imposed by this Act primarily involve the Repatriation Medical Authority's responsibility to review and update the Statement of Principles concerning schizophrenia. The Authority must conduct investigations, invite submissions from relevant parties, and ensure that any changes to the criteria are based on comprehensive medical-scientific evidence. Additionally, the Authority must communicate the proposed amendments to relevant organisations and provide them an opportunity to make representations before finalising the Instrument.
For breaches or non-compliance with the provisions of this Act, the Repatriation Medical Authority may face legal consequences. While the specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the provided text, it is implied that adherence to the legislative process and proper consultation with stakeholders is crucial. Failure to follow the stipulated procedures could potentially lead to legal challenges or the need for corrective actions to ensure the authority’s decisions are legally sound and justifiable. The maximum penalties, if applicable, would be determined by the relevant legislation governing administrative actions and compliance.