Overview

The Repatriation Medical Authority Instrument No. 53 of 2009, an amendment to the Statement of Principles concerning motor neurone disease, was enacted to address issues related to the definition of "electrical injury" in the context of motor neurone disease among veterans. This legislative instrument, introduced under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was developed by the Repatriation Medical Authority, acting within the framework of its legislative powers. The Authority sought to refine the understanding and application of medical conditions affecting veterans, ensuring that the criteria for compensation and rehabilitation are based on accurate and comprehensive medical principles. The Authority's investigation, which was publicly advertised and open to submissions, ultimately led to the removal of the contentious definition, thereby finalising the review process and aiming to better support affected veterans.

Scope and Application

The Veterans’ Entitlements Act 1986 (VEA) applies to veterans, service personnel, and their dependants who seek to claim benefits and compensation for service-related injuries, illnesses, or disabilities. The Military Rehabilitation and Compensation Act 2004 further extends the scope of entitlements and provisions for rehabilitation and compensation. This particular legislative instrument, Statement of Principles Instrument No. 53 of 2009, amends the previously established Instrument No. 7 of 2006, which pertains to motor neurone disease. The Repatriation Medical Authority, under the authority conferred by the VEA, has determined to delete the definition of "electrical injury" from clause 9 of the aforementioned Instrument. The amendment is effective as per the provisions of the Legislative Instruments Act 2003. The Authority's decision concludes the investigation into motor neurone disease, which was publicly announced in the Government Notices Gazette on 29 April 2009, and involved outreach to relevant organisations and stakeholders for expert input, although no submissions were received. The updated Instrument is now available for reference by persons or organisations specified under subsection 196E(1)(a) to (c) of the VEA, with requests for access to be directed to the Repatriation Medical Authority in Brisbane.

Key Provisions

The key operative sections of this instrument, numbered as Statement of Principles Instrument No. 53 of 2009, pertain specifically to amending the existing Statement of Principles concerning motor neurone disease, as outlined in Instrument No. 7 of 2006 (section 2). This amendment involves the removal of the definition of "electrical injury" from clause 9 of the Instrument. This change was determined under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (VEA) and is effective as of a specified date in accordance with sub-section 12(1)(a) of the Legislative Instruments Act 2003 (section 3). The obligations and requirements imposed by this instrument on the parties or entities it governs primarily involve the Repatriation Medical Authority (the Authority). The Authority is required to conduct an investigation into motor neurone disease and to advertise its intention to do so, as was done in the Government Notices Gazette of 29 April 2009 (section 4). Furthermore, the Authority must circulate the notice of intention to investigate to a wide range of organisations and invite submissions from relevant stakeholders, including the Repatriation Commission and experts in the field (section 4). While the Authority may solicit submissions, it is not obligated to receive any, as indicated by the fact that no submissions were received for this particular investigation (section 5). In terms of potential offences, penalties, or consequences for breach, the text does not explicitly outline specific civil or criminal penalties related to the non-compliance with this instrument. However, the legislative framework under which the Authority operates, such as the VEA and the Legislative Instruments Act 2003, may have broader provisions that could apply to any non-compliance with the statutory requirements for the creation and operation of legislative instruments. Given the nature of the instrument, non-compliance might result in legal challenges or administrative penalties, although these are not detailed in the provided explanatory notes.