REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 73 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. 73 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 13 of 2006, as amended by Instrument No. 35 of 2008, concerning soft tissue sarcoma by:
- Replacing existing factor 6(c) with a factor concerning 'ionising radiation';
- Replacing existing factor 6(d) with a factor concerning 'ionising radiation, for angiosarcoma only';
- Deleting existing factors 6(e) & 6(f) as they are now subsumed by new factor 6(c);
- Deleting existing factor 6(j) as it is now subsumed by new factor 6(d);
- Re-numbering existing factors 6(g) to 6(i) as 6(e) to 6(g) respectively;
- Re-numbering existing factors 6(k) to 6(q) as 6(h) to 6(n) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- Replacing the existing definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definitions of "a course of therapeutic radiation" and "atomic radiation" 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 soft tissue sarcoma in the Government Notices Gazettes of 1 September 2010 and 3 November 2010, and circulated a copy of the notices 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 Instrument finalises the investigation in relation to soft tissue sarcoma as advertised in the Government Notices Gazettes of 1 September 2010 and 3 November 2010.
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. 73 of 2011 amends the Veterans’ Entitlements Act 1986 by updating the Statement of Principles concerning soft tissue sarcoma. The purpose of this instrument is to refine and clarify the criteria for establishing a link between certain medical conditions and service in the armed forces, particularly focusing on the effects of ionising radiation on the development of soft tissue sarcomas. This legislative instrument was enacted by the Repatriation Medical Authority under the authority conferred by the Veterans’ Entitlements Act 1986. The overarching policy objective is to ensure that veterans receive appropriate recognition and compensation for service-related health conditions, aligning with contemporary medical understanding and evidence. The amendments seek to improve the precision of the legislative framework in addressing the specific impacts of ionising radiation on veterans' health.
Scope and Application
The Repatriation Medical Authority Instrument No. 73 of 2011 amends the Statement of Principles Instrument No. 13 of 2006, as modified by Instrument No. 35 of 2008, concerning soft tissue sarcoma under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to individuals who are veterans and their dependents, specifically those affected by soft tissue sarcoma, and addresses the medical conditions and factors that may contribute to such sarcomas, particularly focusing on ionising radiation. The amendments introduce new factors related to ionising radiation and angiosarcoma, and adjust the existing factors and definitions to better reflect current medical understanding and evidence. The changes also include re-numbering and restructuring of certain clauses to maintain coherence and clarity. The Authority's decision concludes an investigation initiated in September and November 2010, during which no submissions were received. The instrument is effective from the date specified in accordance with the Legislative Instruments Act 2003.
Key Provisions
The Repatriation Medical Authority Instrument No. 73 of 2011 amends Statement of Principles Instrument No. 13 of 2006 concerning soft tissue sarcoma (sections 2-3). The changes include replacing certain factors with new ones that focus on 'ionising radiation', removing some factors that are now covered by the new ones, re-numbering the remaining factors, and updating the definition of 'cumulative equivalent dose'. This Instrument comes into effect on a date specified by the Authority (subsection 12(1)(a) of the Legislative Instruments Act 2003). The Authority conducted an investigation into soft tissue sarcoma and invited submissions from relevant parties but received none (sections 4-5).
The Act imposes specific obligations on the Repatriation Medical Authority, including conducting investigations and amending Statements of Principles as necessary. The Authority must also ensure that any changes are publicised appropriately and that interested parties have the opportunity to submit their views (section 4). Additionally, the Authority must maintain records of references related to the condition for inspection by relevant entities (section 6).
Breaches of the legislative requirements, if any, could result in administrative or legal consequences. However, the explanatory statement does not detail specific offences, penalties, or consequences for non-compliance. The maximum penalties for breaches would depend on the specific legislation under which the offence is prosecuted, and could range from fines to more severe penalties depending on the nature and severity of the breach.