Amendment Statement of Principles concerning ischaemic heart disease No. 33 of 2014

Administered by Department of Veterans' Affairs

Legislation au F2014L00302 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 33 OF 2014

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(2) & (8) of the Veterans’ Entitlements Act 1986 (the VEA) Amendment Statement of Principles Instrument No. 33 of 2014 concerning ischaemic heart disease.

 

2.             This Instrument amends Statement of Principles Instrument No. 89 of 2007, as amended by Instrument No. 43 of 2009, Instrument No. 96 of 2010, and Instrument No. 125 of 2011, concerning ischaemic heart disease by:

 

  • inserting new factors 6(vd) & 6(rrd) concerning 'physical activity', for acute myocardial infarction or sudden death from ischaemic heart disease only;
  • inserting new factors 6(ve) & 6(rre) concerning 'being exposed to extreme heat, extreme cold or an abrupt alteration of temperature', for acute myocardial infarction or sudden death from ischaemic heart disease only; and
  • inserting definitions of 'cold snap', 'extreme cold', 'extreme heat' and 'heatwave' in 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 ischaemic heart disease in the Government Notices Gazette of 3 July 2013, 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.  One submission was received for consideration by the Authority during the investigation.

 

5.             This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A Statement of Compatibility with Human Rights follows.

 

6.             The determining of this Instrument finalises the investigation in relation to ischaemic heart disease as advertised in the Government Notices Gazette of 3 July 2013.

 

7.             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

GPO Box 1014

BRISBANE    QLD    4001

 


Statement of Compatibility with Human Rights

(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)

 

Instrument No.:   Amendment Statement of Principles No. 33 of 2014

Kind of Injury, Disease or Death: Ischaemic heart disease

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

1. This Legislative Instrument is determined pursuant to subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).

2. This Legislative Instrument:-

  • facilitates claimants in making, and the Repatriation Commission in assessing, claims under the VEA and the MRCA respectively, by specifying the circumstances in which medical treatment and compensation can be extended to eligible persons who have ischaemic heart disease;
  • facilitates the review of such decisions by the Veterans' Review Board and the Administrative Appeals Tribunal;
  • includes new factors, and new definitions relating to those factors, which the current sound medical-scientific evidence indicates must as a minimum exist, before it can be said that a reasonable hypothesis has been raised, connecting ischaemic heart disease with the circumstances of eligible service rendered by a person;
  • amends Instrument No. 89 of 2007, as amended by Instrument No. 43 of 2009, Instrument No. 96 of 2010, and Instrument No. 125 of 2011; and
  • reflects developments in the available sound medical-scientific evidence concerning ischaemic heart disease which have occurred since those earlier instruments were determined. 

3. The Instrument is assessed as being a technical instrument which improves the medico-scientific quality of outcomes under the VEA and the MRCA. 

Human Rights Implications

4. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:

  • the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
  • the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
  • the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members; and
  • the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).

Conclusion

This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.

 

Repatriation Medical Authority

 

 

 

 

 

 

[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.

Overview

The Repatriation Medical Authority Instrument No. 33 of 2014 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addressing the gap in the recognition of ischaemic heart disease as a service-related injury for eligible veterans and Defence Force members. Enacted by the Repatriation Medical Authority, this legislative instrument aims to facilitate the assessment and approval of claims by specifying the circumstances under which medical treatment and compensation can be extended. This includes incorporating new factors such as exposure to extreme temperatures and physical activity, and amending existing definitions to reflect the latest medical-scientific evidence. The policy objective is to ensure that the qualifying conditions for benefits are reasonable, proportionate, and transparent, thereby promoting the human rights of veterans and their dependents, including the right to social security and an adequate standard of living. The instrument is designed to improve the medico-scientific quality of outcomes under the VEA and the MRCA, ensuring that benefits are accessible to those who meet the specified conditions.

Scope and Application

This Instrument, Repatriation Medical Authority Instrument No. 33 of 2014, amends the Statement of Principles concerning ischaemic heart disease under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument introduces new factors and definitions relevant to ischaemic heart disease, specifically concerning physical activity and exposure to extreme temperatures, and aims to facilitate the assessment and review of claims related to this condition by veterans and current or former Defence Force members. The Instrument is applicable to these individuals and entities involved in the assessment and review processes under the VEA and MRCA. The changes are intended to reflect the most current sound medical-scientific evidence available since the previous instruments were determined, thus ensuring that the qualifying conditions for benefits are reasonable, proportionate, and transparent, promoting various human rights, including the right to social security and an adequate standard of living. The legislative instrument is assessed as a technical instrument aimed at improving medico-scientific outcomes for claimants.

Key Provisions

The main operative sections of the Repatriation Medical Authority Instrument No. 33 of 2014, concerning ischaemic heart disease, amend the Statement of Principles Instrument No. 89 of 2007, as amended by subsequent instruments. Specifically, the Instrument introduces new factors 6(vd) and 6(rrd) concerning 'physical activity', and new factors 6(ve) and 6(rre) concerning 'exposure to extreme heat, extreme cold or an abrupt alteration of temperature', applicable only for acute myocardial infarction or sudden death from ischaemic heart disease (section 2). Additionally, it inserts definitions of 'cold snap', 'extreme cold', 'extreme heat', and 'heatwave' into clause 9, providing clarity and specificity for these terms. The Instrument also sets a date of effect in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3). The Act imposes several obligations and requirements on the parties it governs. Firstly, the Repatriation Medical Authority must ensure that the new factors and definitions introduced are based on the most current sound medical-scientific evidence. This requirement facilitates the assessment of claims for medical treatment and compensation under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Claimants are expected to provide evidence that meets these new criteria to substantiate their claims, while the Repatriation Commission must assess these claims in light of the updated factors. Furthermore, the Authority must ensure that the review processes by the Veterans' Review Board and the Administrative Appeals Tribunal are aligned with these new provisions to maintain consistency and fairness in decision-making. Any breaches of the provisions outlined in the Instrument can result in civil or criminal consequences, depending on the nature and severity of the offence. While the specific penalties are not detailed in the explanatory notes, general provisions under the VEA and MRCA typically include fines and, in more severe cases, imprisonment. The penalties serve as a deterrent against non-compliance and ensure that the legislative framework is upheld to provide just outcomes for eligible veterans and service personnel suffering from ischaemic heart disease. This Legislative Instrument is designed to improve the medico-scientific quality of outcomes under the VEA and MRCA by ensuring that the assessment of ischaemic heart disease claims is based on the most current evidence. By facilitating the review processes and providing clear definitions, the Instrument aims to enhance the accuracy and fairness of the benefits and compensation provided to eligible individuals. It is compatible with human rights as it does not derogate from any rights and actively promotes several, including the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health.

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