DECLARATION UNDER SUBSECTION 196B(9)
OF THE VETERANS’ ENTITLEMENTS ACT 1986
In relation to the Notice of Investigation in respect of congenital cataract gazetted on 31 October 2012 in the Government Notices Gazette, the Repatriation Medical Authority states that it is revoking the existing Statements of Principles concerning congenital cataract, namely Instrument Nos. 49 and 50 of 2007, determined pursuant to subsection 196B(2) or (3) of the Veterans’ Entitlements Act 1986 (the Act), as the Authority is of the view that congenital cataract does not have any factors which can be "related to service" as defined in subsection 196B(14) of the Act.
The Common Seal of the )
Repatriation Medical Authority )
was affixed at the direction of: )
PROFESSOR NICHOLAS SAUNDERS AO
CHAIRPERSON 1 / 5 /2015
Overview
The Veterans' Entitlements Act 1986, enacted by the Australian Parliament, was designed to provide various benefits to veterans and their families, addressing the needs arising from their service. A notable problem the Act sought to address is the provision of entitlements and compensation for disabilities and injuries related to military service, ensuring that veterans receive appropriate recognition and support for their contributions. This Act includes mechanisms for the determination of whether certain medical conditions are related to service, which is critical in adjudicating claims for benefits. The Repatriation Medical Authority, as part of its function under the Act, periodically reviews and updates its Statements of Principles to ensure that the criteria for entitlement are current and accurately reflect the relationship between service and health conditions. In this context, the Authority has determined that congenital cataract does not have factors related to service, leading to the revocation of previous Statements of Principles concerning this condition.
Scope and Application
The Veterans’ Entitlements Act 1986, through the Declaration under subsection 196B(9), applies to the revocation of the existing Statements of Principles concerning congenital cataract, specifically Instruments Nos. 49 and 50 of 2007. This Act applies to the Repatriation Medical Authority, which has the responsibility to determine whether a condition such as congenital cataract is related to service as defined in the Act. The scope of the Act extends to any veterans or their next of kin who may have claimed entitlements based on these repealed Statements of Principles. The geographic reach of this legislation is national, as the Act is a Commonwealth statute and applies across Australia. There are no explicit exclusions, exemptions, or thresholds stated in this particular declaration, but the Act itself may contain provisions that could exclude certain claims or specify eligibility criteria. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or further legislative amendments, which may provide additional definitions or clarify the scope of the Act’s provisions.
Key Provisions
The key operative sections of this declaration under subsection 196B(9) of the Veterans’ Entitlements Act 1986 (the Act) pertain to the revocation of the existing Statements of Principles concerning congenital cataract, namely Instrument Nos. 49 and 50 of 2007. This revocation is grounded on the Repatriation Medical Authority's view that congenital cataract does not meet the criteria of having any factors "related to service" as defined in subsection 196B(14) of the Act (subsection 196B(9)). The Authority's decision follows an investigation prompted by the Notice of Investigation published in the Government Notices Gazette on 31 October 2012.
The Act imposes specific obligations on the Repatriation Medical Authority to assess and determine whether certain medical conditions have factors related to service for the purposes of veterans' entitlements. This includes the duty to review existing Statements of Principles and to revoke them if they are found to be inconsistent with the criteria outlined in the Act. In this instance, the Authority has exercised its power under subsection 196B(9) to revoke the Statements of Principles concerning congenital cataract, reflecting a comprehensive reassessment of the medical condition in question.
Failure to comply with the provisions of the Act or to appropriately assess and determine the relatedness of medical conditions to service may result in various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in this particular document, the Act generally provides for enforcement actions which may include fines or other penalties for non-compliance. The severity of these penalties can vary depending on the nature and extent of the breach, and they are intended to ensure that the Repatriation Medical Authority adheres to its obligations under the Act.