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 hypertension, Instrument Nos. 63 and 64 of 2013.
The investigation related to "exposure to phenoxyherbicides/dioxin (Agent Orange)". The Notice of Investigation was published in the Government Notices Gazette of 8 January 2019.
Following the investigation, the Authority declares that it does not propose to amend Statement of Principles, Instrument No. 64 of 2013, to include factors relating to exposure to phenoxyherbicides/dioxin (Agent Orange). 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 hypertension with exposure to phenoxyherbicides/dioxin (Agent Orange) 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. 64 of 2013, already determined in respect of hypertension, to include factors relating to exposure to phenoxyherbicides/dioxin (Agent Orange).
The Authority proposes to determine an amendment to Statement of Principles, Instrument No. 63 of 2013, concerning hypertension, to include factors relating to exposure to phenoxyherbicides/dioxin (Agent Orange). 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 hypertension with exposure to phenoxyherbicides/dioxin (Agent Orange) 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. 63 of 2013, concerning hypertension, to include factors relating to exposure to phenoxyherbicides/dioxin (Agent Orange).
The Common Seal of the ) Repatriation Medical Authority ) was affixed at the direction of: ) | |
| PROFESSOR NICHOLAS SAUNDERS AO CHAIRPERSON 23 / 08 / 2019 |
Overview
The Veterans' Entitlements Act 1986 was enacted to address the need for a comprehensive framework governing the entitlements of veterans and their dependants in Australia. The Act was introduced by the Australian Parliament to ensure that veterans and their families receive appropriate compensation and medical care for disabilities and injuries incurred during their service. One of the critical components of this Act is the Repatriation Medical Authority's role in reviewing and amending Statements of Principles concerning various medical conditions, including those related to specific exposures such as phenoxyherbicides/dioxin (Agent Orange). The Authority's responsibility is to assess the available medical-scientific evidence to determine whether there is a sufficient connection between certain exposures and health conditions to warrant an amendment to the Statements of Principles. This declaration highlights the Authority's careful consideration of the evidence in relation to hypertension and exposure to phenoxyherbicides/dioxin (Agent Orange), ultimately guiding the decision on whether to amend the Statements of Principles.
Scope and Application
The Veterans' Entitlements Act 1986 applies to veterans and their families, providing various benefits and entitlements to those who have served in the Australian Defence Force. The Act extends its application to cover entities such as the Repatriation Medical Authority, which is tasked with reviewing and determining the medical conditions related to veterans' service. In this context, the Authority assesses the sound medical-scientific evidence to amend the Statements of Principles concerning specific medical conditions, such as hypertension, and their connection to service-related exposures. The Authority's jurisdiction is national, with its decisions impacting veterans across Australia. The Act's scope does not specify explicit exclusions or exemptions but focuses on the sound medical-scientific evidence to support or reject the connection between specific conditions and service-related exposures. Subordinate instruments may further refine the application and interpretation of the Act, ensuring that the Authority's decisions align with the legislative intent and available evidence.
Key Provisions
The declaration made by the Repatriation Medical Authority under subsection 196B(9) of the Veterans' Entitlements Act 1986 (the Act) pertains to the review of the contents of the Statements of Principles concerning hypertension, specifically Instrument Nos. 63 and 64 of 2013. This review was triggered by an investigation into "exposure to phenoxyherbicides/dioxin (Agent Orange)" as announced in the Government Notices Gazette of 8 January 2019. The Authority has determined that there is insufficient sound medical-scientific evidence to justify amending Statement of Principles, Instrument No. 64 of 2013, which deals with hypertension, to include factors related to exposure to phenoxyherbicides/dioxin (Agent Orange). Conversely, the Authority proposes to amend Statement of Principles, Instrument No. 63 of 2013, concerning hypertension, to incorporate factors relating to exposure to phenoxyherbicides/dioxin (Agent Orange), due to the reasonable hypothesis raised by the available evidence.
The obligations imposed by the Act on the parties involved include the requirement for the Repatriation Medical Authority to conduct investigations and reviews of Statements of Principles when new evidence comes to light. The Authority must thoroughly assess the sound medical-scientific evidence to determine whether amendments to the Statements of Principles are warranted. The Authority is tasked with ensuring that the evidence presented meets a certain threshold, specifically that it raises a reasonable hypothesis or provides a balance of probabilities in connecting the exposure to specific health conditions. Additionally, the Authority must publish notices of investigations and declarations in the Government Notices Gazette to ensure transparency and allow for stakeholder input.
Failure to comply with the requirements and obligations set out in the Act may result in civil or criminal consequences. Although specific offences, penalties, or consequences are not detailed within the text of the declaration, it is reasonable to infer that breaches of the Act could lead to legal action. The Act empowers the Authority to take necessary steps to enforce compliance, which may include fines, legal proceedings, or other administrative actions. The maximum penalties for such breaches would typically be defined elsewhere within the Act or in related legislation, but they could range from monetary fines to more severe penalties depending on the nature and severity of the breach. The overarching purpose of these provisions is to ensure that the medical evidence and related entitlements are accurately and fairly assessed and amended as required.