REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 74 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(3) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Statement of Principles Instrument No. 74 of 2011.
2. This Instrument amends Statement of Principles Instrument No. 14 of 2006, as amended by Instrument No. 36 of 2008, concerning soft tissue sarcoma by:
- Replacing existing factor 6(b) with a factor concerning 'ionising radiation';
- Replacing existing factor 6(c) with a factor concerning 'ionising radiation, for angiosarcoma only';
- Deleting existing factor 6(d) as it is now subsumed by new factor 6(b);
- Deleting existing factor 6(f) as it is now subsumed by new factor 6(c);
- Re-numbering existing factor 6(e) as 6(d);
- Re-numbering existing factors 6(g) to 6(j) as 6(e) to 6(h) respectively;
- Replacing the existing clause 7 to reflect the changes to the factors;
- Inserting the definition of "cumulative equivalent dose" in clause 9; and
- Deleting the definition of "a course of therapeutic 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. 74 of 2011 was enacted to amend the existing Statement of Principles concerning soft tissue sarcoma under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Instrument addresses the problem of updating the medical criteria for determining entitlements related to soft tissue sarcoma, particularly by replacing and refining factors associated with ionising radiation exposure. The Authority was mandated to review these conditions following investigations and public notices in 2010, although no submissions were received during this process. The Instrument finalises these investigations and establishes new criteria, effective from a specified date under the Legislative Instruments Act 2003. The policy objective is to ensure that veterans and their dependants receive accurate and relevant medical assessments and entitlements based on the most current medical understanding and evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 74 of 2011 amends Statement of Principles Instrument No. 14 of 2006, as amended by Instrument No. 36 of 2008, concerning soft tissue sarcoma. This instrument applies to individuals who have served in the Australian Defence Force and are eligible for benefits under the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004. The amendments primarily address factors related to ionising radiation and its connection to specific conditions, thereby impacting the eligibility criteria and the assessment process for veterans seeking compensation or medical benefits. The instrument's jurisdictional reach is within the Commonwealth of Australia, specifically governed by the legislative framework established under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. There are no stated exclusions or exemptions in this particular instrument, and its application is determined by the Authority under the legislative provisions mentioned.
Key Provisions
The Repatriation Medical Authority Instrument No. 74 of 2011 amends the Statement of Principles Instrument No. 14 of 2006 concerning soft tissue sarcoma, specifically targeting the factors that contribute to the condition. Under section 2, the Authority replaces and renumbers several factors, reflecting updated medical understanding and evidence. The new factors focus on "ionising radiation," replacing existing factors 6(b) and 6(c), while consolidating others and deleting redundant definitions. This comprehensive restructuring is designed to ensure that the legislative framework accurately reflects contemporary medical knowledge regarding the causes and conditions of soft tissue sarcoma.
In terms of obligations and requirements, the Act imposes a duty on the Repatriation Medical Authority to regularly review and update the Statement of Principles to reflect current medical evidence. This is evident in the Authority's initiative to advertise its intention to investigate soft tissue sarcoma in the Government Notices Gazettes, inviting submissions from relevant parties as outlined in section 196E of the Veterans’ Entitlements Act 1986 (VEA). The lack of submissions did not preclude the Authority from proceeding with the determination, but it underscores the importance of ongoing stakeholder engagement in the legislative process.
The Instrument also includes provisions for specifying the effective date of the amendments, aligning with subsection 12(1)(a) of the Legislative Instruments Act 2003, ensuring that the changes are implemented in a timely and orderly fashion. By doing so, the Act aims to provide clear and up-to-date guidance for all parties involved in the assessment and treatment of veterans with soft tissue sarcoma.
Regarding consequences and penalties, the explanatory statement does not explicitly mention any penalties for non-compliance with the amended Statement of Principles. However, the legislative framework surrounding the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 generally provides for various civil and criminal penalties for breaches of these Acts. These may include fines, imprisonment, or other sanctions, depending on the nature and severity of the breach. The precise penalties are typically detailed in the respective Acts and would apply to any individual or entity that fails to adhere to the updated provisions regarding soft tissue sarcoma.