REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 45 OF 2010
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. 45 of 2010.
2. This instrument amends Statement of Principles Instrument No. 6 of 2006 concerning spondylolisthesis and spondylolysis by deleting the words 'or spondylolysis' from factor 6(d).
3. This Instrument also specifies a date of effect for the amendment in accordance with sub-section 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 spondylolisthesis and spondylolysis in the Government Notices Gazette of 13 January 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. The determining of this instrument finalises the investigation in relation to spondylolisthesis and spondylolysis as advertised in the Government Notices Gazette of 13 January 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. 45 of 2010 amends the Veterans' Entitlements Act 1986 by modifying the Statement of Principles concerning spondylolisthesis and spondylolysis. Enacted by the Repatriation Medical Authority under the authority conferred by the Veterans’ Entitlements Act 1986, this instrument seeks to address the specific issue of excluding spondylolysis from the previously recognised factor, thus refining the criteria for eligibility related to these spinal conditions. This legislative amendment aims to ensure that the evaluation of veterans' claims accurately reflects the medical understanding and evidence pertaining to spondylolisthesis while excluding spondylolysis from the scope of this particular Statement of Principles. The Authority's decision to amend the principles follows a public consultation process, although no submissions were received during the investigation phase.
Scope and Application
This legislation, F2010L01061, pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, and it is an instrument issued by the Repatriation Medical Authority. It applies to veterans and service personnel, particularly those affected by conditions such as spondylolisthesis and spondylolysis, and the broader community including medical experts and organisations that represent veterans and their dependants. The instrument amends the Statement of Principles Instrument No. 6 of 2006 by removing the reference to spondylolysis in factor 6(d), thus altering the criteria for assessment of these spinal conditions. This change is effective from a specified date as outlined in the Legislative Instruments Act 2003. The legislation operates on a national level within Australia, as the Repatriation Medical Authority is a Commonwealth entity. The instrument does not explicitly mention any exclusions or exemptions, and its application is not extended or restricted by subordinate instruments. The determination of this instrument concludes the investigation into the aforementioned spinal conditions that was announced in the Government Notices Gazette on 13 January 2010.
Key Provisions
The Repatriation Medical Authority Instrument No. 45 of 2010 amends the Statement of Principles Instrument No. 6 of 2006, which pertains to spondylolisthesis and spondylolysis. Under section 2 of the Instrument, the term 'or spondylolysis' is removed from factor 6(d), thereby specifically focusing the Statement of Principles on spondylolisthesis alone. This adjustment is made in accordance with subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (VEA), allowing the Authority to refine the criteria for veterans’ entitlements related to spinal conditions. The effective date of this amendment is specified under subsection 12(1)(a) of the Legislative Instruments Act 2003.
The obligations imposed by this Instrument on the relevant parties primarily involve ensuring that the updated Statement of Principles is adhered to in all assessments and entitlements related to spondylolisthesis. This includes the Repatriation Commission and any other entities or individuals involved in the administration of veterans’ benefits. These parties must now strictly apply the criteria set out in the amended Statement of Principles Instrument when evaluating claims related to spondylolisthesis.
Failure to comply with the provisions of this Instrument could potentially lead to legal repercussions, although the Explanatory Notes do not detail specific offences or penalties. However, given the context of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, non-compliance could result in civil or criminal consequences for those responsible for administering veterans’ benefits. The precise nature and extent of these consequences would depend on the specific breach and applicable legislation, but they could include fines or other penalties as determined by the relevant courts.