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 Alzheimer-type dementia, Instrument Nos. 22 & 23 of 2010, as amended.
The investigation related to "androgen deprivation therapy". The Notice of Investigation was published in the Commonwealth of Australia Gazette of 19 October 2016.
The Authority declares that it does not propose to amend Statements of Principles, Instrument Nos. 22 & 23 of 2010, as amended, concerning Alzheimer-type dementia for the reason that there is insufficient new sound medical-scientific evidence available to justify an amendment to the Statements of Principles already determined in respect of Alzheimer-type dementia.
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 24 / 2 / 2017 |
Overview
The Veterans’ Entitlements Act 1986 was enacted to provide various benefits and entitlements to veterans, their partners, and their children. This Act aims to address the needs of individuals who have served in the Australian Defence Force by ensuring they receive appropriate care, support, and compensation for any injuries or illnesses sustained during their service. The policy objective of the Act is to uphold the principle of providing adequate support and recognition to those who have contributed to the nation's defence. In the context of Alzheimer-type dementia, the Repatriation Medical Authority, under subsection 196B(9) of the Act, made a declaration concerning the review of the Statements of Principles concerning this condition. The Authority decided not to amend the existing Statements of Principles, Instrument Nos. 22 & 23 of 2010, as there was insufficient new medical-scientific evidence to warrant a change in the established position on Alzheimer-type dementia. This decision reflects the Authority's commitment to ensuring that any updates to the Statements of Principles are based on robust and reliable evidence.
Scope and Application
The Veterans’ Entitlements Act 1986, as it pertains to the review of Statements of Principles concerning Alzheimer-type dementia, applies to veterans and their families who are seeking compensation or benefits under the Act. The Act specifically addresses the eligibility criteria for veterans who have developed Alzheimer-type dementia and the extent to which this condition may be linked to their service. The review process overseen by the Repatriation Medical Authority involves assessing the soundness of the medical-scientific evidence linking Alzheimer-type dementia to factors such as androgen deprivation therapy. The geographic reach of this Act is national, as it applies across Australia, with the Commonwealth of Australia Gazette serving as the official publication medium for notices and declarations related to the Act. While the Act primarily governs the provision of benefits and compensation, it does not cover all medical conditions or treatments outside the scope of the reviewed Statements of Principles. Any further application or restriction of the Act is managed through subordinate instruments as necessary.
Key Provisions
The declaration made under subsection 196B(9) of the Veterans’ Entitlements Act 1986 (the Act) by the Repatriation Medical Authority (the Authority) pertains to the review of the contents of the Statements of Principles in force under the Act concerning Alzheimer-type dementia, specifically Instrument Nos. 22 & 23 of 2010, as amended. This review was triggered by an investigation into "androgen deprivation therapy", with the Notice of Investigation published in the Commonwealth of Australia Gazette on 19 October 2016. The Authority's decision not to propose amendments to the Statements of Principles is based on the conclusion that there is insufficient new sound medical-scientific evidence available to warrant a change to the existing determinations regarding Alzheimer-type dementia.
The main obligations imposed by the Act on the Authority include conducting a thorough review of the relevant Statements of Principles in light of new evidence or findings, and making a declaration based on the evidence presented. The Authority is tasked with ensuring that the evidence is sound and that the Statements of Principles accurately reflect the current understanding of the condition in question. In this case, the Authority has determined that the existing Statements of Principles concerning Alzheimer-type dementia remain valid due to the lack of new, compelling medical-scientific evidence.
In addition to the review process, the Authority is required to make its findings and decisions public, as evidenced by the Notice of Investigation published in the Gazette. This transparency is a key component of the Act, ensuring that stakeholders are informed of the Authority’s decisions and the rationale behind them. The declaration signed by Professor Nicholas Saunders AO, the Chairperson, on 24 February 2017, formalises this decision and signifies the Authority’s conclusion regarding the Statements of Principles.
Under the Act, breaches of the Authority’s obligations or any failure to conduct a proper review can have serious implications. While the Act does not explicitly detail specific offences or penalties for such breaches, the failure to adhere to the legislative requirements can lead to legal challenges and potential civil consequences. The Authority's decisions, if found to be arbitrary or not based on sound evidence, could be subject to judicial review, with the possibility of the court ordering corrective actions or even amendments to the Statements of Principles. Therefore, it is crucial for the Authority to conduct its reviews meticulously and base its decisions on robust and credible medical-scientific evidence.