DECLARATION UNDER SUBSECTION 196B(9)
OF THE VETERANS’ ENTITLEMENTS ACT 1986
The Repatriation Medical Authority (the Authority), under subsection 196B(9) of the Veterans' Entitlements Act 1986 (the Act), makes the following declaration in respect of the review of the contents of the Statements of Principles in force under the Act concerning acute myeloid leukaemia, Instrument Nos. 71 and 72 of 2015.
The investigation related to "insecticides". The Notice of Investigation was published in the Government Notices Gazette of 29 October 2019.
Following the investigation, the Authority declares that it does not propose to amend Statement of Principles, Instrument No. 72 of 2015, to include factors relating to exposure to insecticides. The reason is that the sound medical-scientific evidence available to the Authority, including the new sound medical-scientific evidence, cannot, on the balance of probabilities, connect acute myeloid leukaemia with exposure to insecticides related to the circumstances of the relevant service referred to in subsection 196B(3) of the Act. That sound medical-scientific evidence is not sufficient to justify an amendment to the Statement of Principles, No. 72 of 2015, already determined in respect of acute myeloid leukaemia, to include factors relating to exposure to insecticides.
The Authority proposes to determine an amendment to Statement of Principles, Instrument No. 71 of 2015, concerning acute myeloid leukaemia, to include factors relating to exposure to the insecticides dieldrin, aldrin and diazinon. The Authority is of the view that the sound medical-scientific evidence available to it, including the new sound medical-scientific evidence, raises a reasonable hypothesis connecting acute myeloid leukaemia with exposure to dieldrin, aldrin and diazinon related to the circumstances of relevant service referred to in subsection 196B(2) of the Act. That sound medical-scientific evidence justifies an amendment of the Statement of Principles, Instrument No. 71 of 2015, concerning acute myeloid leukaemia, to include factors relating to exposure to dieldrin, aldrin and diazinon.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 28 / 2 / 2020 |
Overview
The Veterans' Entitlements Act 1986 was enacted to provide a legislative framework that ensures eligible veterans receive appropriate benefits and support for injuries or diseases sustained or contracted during their service. This Act aims to address the gap in recognising and reimbursing veterans for health conditions that may be linked to their military service. The Repatriation Medical Authority, acting under the authority granted by the Parliament of Australia, has the responsibility to review and amend Statements of Principles concerning veterans' health conditions. In this instance, the Authority reviewed the evidence regarding the connection between acute myeloid leukaemia and exposure to insecticides. After considering the available sound medical-scientific evidence, the Authority decided not to amend the Statement of Principles concerning general exposure to insecticides. However, it proposed to amend the Statement to include specific insecticides—dieldrin, aldrin, and diazinon—due to a reasonable hypothesis supported by the evidence connecting these substances to acute myeloid leukaemia in the context of relevant military service. This decision underscores the Authority's commitment to ensuring that veterans receive fair and accurate recognition of health conditions related to their service.
Scope and Application
The Veterans' Entitlements Act 1986 applies to veterans and their dependants who are eligible for Commonwealth pensions, benefits, and services under the Act. The legislation extends to the review and amendment of Statements of Principles concerning diseases and injuries attributable to military service, as well as the assessment of claims for those conditions. The Act applies nationally across Australia, encompassing both state and territory jurisdictions. The Act does not explicitly state any exclusions, but its application is limited to conditions that can be directly linked to military service. The Repatriation Medical Authority, established under the Act, is responsible for reviewing and amending the Statements of Principles based on sound medical-scientific evidence. Subordinate instruments may extend or restrict the application of the Act, but no such instruments are referenced in this declaration. The Authority’s decisions on amendments to the Statements of Principles are based on the availability of evidence connecting specific exposures, such as insecticides, to particular diseases experienced by veterans.
Key Provisions
The key operative sections of the Declaration under Subsection 196B(9) of the Veterans' Entitlements Act 1986 are Sections 196B(9), 196B(2) and 196B(3), which outline the process for reviewing Statements of Principles related to acute myeloid leukaemia. The Authority, in this case, has reviewed the Statements of Principles, Instrument Nos. 71 and 72 of 2015, in light of new medical-scientific evidence regarding exposure to insecticides. The Authority decided not to amend Statement of Principles, Instrument No. 72 of 2015, concerning acute myeloid leukaemia, because there was insufficient evidence to connect the disease with exposure to insecticides (196B(9)). However, the Authority has proposed to amend Statement of Principles, Instrument No. 71 of 2015, to include factors relating to exposure to dieldrin, aldrin and diazinon, based on new sound medical-scientific evidence (196B(2), 196B(3)).
The obligations imposed by this Act on the parties or entities it governs include the requirement for the Repatriation Medical Authority to review the Statements of Principles in light of new evidence. The Authority must assess the available sound medical-scientific evidence and determine whether it is sufficient to justify an amendment to the Statements of Principles. The Authority must also provide reasons for its decision and communicate its findings to the relevant parties. Furthermore, the Authority must ensure that its decision-making process is transparent and based on the best available evidence.
The consequences of breaching the provisions of the Veterans' Entitlements Act 1986 can include both civil and criminal penalties. Civil penalties may include fines, compensation payments, or other remedies as determined by a court. Criminal penalties may include imprisonment, fines, or both, depending on the severity of the breach. The maximum penalties for breaches of the Act are not specified in the Declaration, but they are likely to be outlined in other sections of the Act or in related legislation. It is important for parties and entities governed by the Act to comply with its provisions to avoid potential legal consequences.