Overview

The Repatriation Medical Authority Instrument No. 35 of 2008 amends the Veterans’ Entitlements Act 1986, particularly Statement of Principles Instrument No. 13 of 2006 concerning soft tissue sarcoma, to incorporate new considerations and definitions. This instrument was enacted to address the need for a more comprehensive understanding of the factors contributing to soft tissue sarcoma among veterans, particularly the impact of obesity. The Authority, exercising its powers under the VEA, introduced this amendment following an investigation announced in the Government Notices Gazette on 14 November 2007, although no submissions were received during the investigation period. The purpose of this legislative instrument is to ensure that the assessment of veterans' claims related to soft tissue sarcoma includes the factor of obesity, thereby providing a more inclusive and accurate evaluation process.

Scope and Application

The Repatriation Medical Authority Instrument No. 35 of 2008 amends Statement of Principles Instrument No. 13 of 2006 concerning soft tissue sarcoma, applying specifically to veterans and their dependants under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument introduces a new factor related to obesity in the context of soft tissue sarcoma, affecting the criteria for eligibility of benefits and compensation. The amendment includes the insertion of a new factor 6(p) concerning obesity, the re-numbering of existing factor 6(p) to 6(q), and the addition of a definition for 'being obese'. This instrument has a national jurisdictional reach and applies to all veterans and their dependants within Australia. There are no stated exclusions or exemptions in the instrument, but it does specify a date of effect in accordance with the Legislative Instruments Act 2003. The Authority determined this instrument following an investigation into soft tissue sarcoma, inviting submissions from relevant organisations and experts, though none were received.

Key Provisions

The main operative sections of Instrument No. 35 of 2008, as determined under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA), introduce amendments to Statement of Principles Instrument No. 13 of 2006 concerning soft tissue sarcoma. These amendments involve inserting a new factor 6(p) which pertains to ‘being obese’ (section 2). Additionally, existing factor 6(p) is renumbered to 6(q) (section 2), and the reference to ‘6(p)’ in clause 7 is replaced with ‘6(q)’ (section 2). A definition of ‘being obese’ is also added in clause 9 (section 2). The instrument specifies its effective date in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3). The Repatriation Medical Authority (the Authority) is tasked with ensuring that the amendments to the Statement of Principles are implemented accurately and effectively. This includes the insertion of the new factor concerning obesity, re-numbering the existing factor, and updating the relevant references within the document. The Authority must also ensure that the new definition of ‘being obese’ is clearly articulated and accessible within the legislation. Additionally, the Authority must adhere to the procedures outlined in the Legislative Instruments Act 2003 when determining the effective date of the instrument. The legislation imposes specific obligations on the Authority, including the requirement to advertise its intention to investigate soft tissue sarcoma and to circulate notices of this intention to relevant organisations and experts (section 4). The Authority is also obligated to invite submissions from the Repatriation Commission, organisations, persons referred to in section 196E of the VEA, and any person with expertise in the field. The Authority must consider any submissions received during the investigation but, as noted, no submissions were received in this instance (section 5). Should any party or entity fail to comply with the obligations and requirements imposed by this instrument, there may be civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory notes, breaches of legislative instruments can typically result in fines, legal action, or other penalties as prescribed by relevant legislation. The maximum penalties would depend on the nature and severity of the breach, as well as the applicable laws governing such infractions.