Overview

The Repatriation Medical Authority Instrument No. 42 of 2009, introduced under the Veterans’ Entitlements Act 1986, aims to amend the existing Statement of Principles concerning systemic lupus erythematosus. This instrument seeks to address specific issues related to the original factors concerning 'respirable crystalline silica dust' and introduces new considerations about'sunlight or ultraviolet light'. The objective is to provide a more comprehensive understanding of the conditions related to systemic lupus erythematosus, ensuring that veterans and their representatives are informed about the factors influencing their entitlements. The Authority, having undertaken an investigation and received submissions from relevant stakeholders, finalised the amendment to better support the affected veterans.

Scope and Application

This legislative instrument amends the Statement of Principles concerning systemic lupus erythematosus, updating the criteria for veterans’ entitlements under the Veterans’ Entitlements Act 1986. Specifically, it replaces existing factors related to 'respirable crystalline silica dust' with new factors concerning'sunlight or ultraviolet light'. The instrument applies to any person or entity affected by the changes to the Statement of Principles, particularly veterans and their dependants who may have claims related to systemic lupus erythematosus. The instrument has a national reach as it amends federal legislation, thus affecting all states and territories within Australia. There are no specific exclusions or thresholds mentioned in the explanatory notes, but the changes are subject to the overarching provisions of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Repatriation Medical Authority’s determination concludes an investigation into the condition, formalising the new criteria for entitlement assessments.

Key Provisions

The primary operative sections of the Repatriation Medical Authority Instrument No. 42 of 2009 concern amendments to the Statement of Principles Instrument No. 86 of 2007, which deals with systemic lupus erythematosus (SLE). Section 2 of the instrument replaces existing factors related to 'respirable crystalline silica dust' in clause 6 and introduces new factors related to'sunlight or ultraviolet light'. This amendment, as outlined in Section 3, is effective from a date specified in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. The Repatriation Medical Authority (the Authority) is required to undertake investigations into conditions affecting veterans, and this instrument is a result of such an investigation into SLE. As stated in Section 4, the Authority advertised its intention to investigate SLE in the Government Notices Gazette of 5 November 2008 and invited submissions from relevant organisations and individuals. The investigation process concluded with the determination of this instrument, as detailed in Section 5. Any person or organisation can request a list of references related to the condition by making a written request to the Repatriation Medical Authority, as specified in Section 6. Entities and individuals governed by this Act must comply with the Authority's determinations and the specified factors regarding SLE. These entities and individuals include the Repatriation Commission, organisations and persons referred to in section 196E of the Veterans’ Entitlements Act 1986 (VEA), and any person with relevant expertise. Their obligations include providing submissions during the investigation and adhering to the amended Statement of Principles concerning SLE. For breaches of the obligations imposed by this Act, there are civil and criminal consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of legislative instruments typically carry penalties under the Legislative Instruments Act 2003. These penalties can include fines or other civil sanctions for non-compliance. Additionally, there may be repercussions for failing to adhere to the Authority's determinations, which could lead to legal actions or other administrative penalties as outlined in relevant legislation.