REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 17 of 2010
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), revokes Instrument No. 376 of 1995 determined under subsection 196B(2) of the VEA concerning accidental hypothermia.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that accidental hypothermia and death from accidental hypothermia can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 17 of 2010 concerning accidental hypothermia. This Instrument will in effect replace the revoked Statement of Principles.
3. The provisions of the Military Rehabilitation and Compensation Act 2004 (the MRCA) relating to claims for compensation commenced on 1 July 2004. Claims under section 319 of the MRCA for acceptance of liability for a service injury sustained, a service disease contracted or service death on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission by reference to Statements of Principles issued by the Authority pursuant to the VEA.
4. The Statement of Principles sets out the factors that must as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:
operational service under the VEA;
peacekeeping service under the VEA;
hazardous service under the VEA;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting accidental hypothermia or death from accidental hypothermia, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 27 June 2007 concerning accidental hypothermia in accordance with section 196G of the VEA. The investigation involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
6. The contents of the new Instrument are in similar terms as the revoked Instrument. Comparing the new and the revoked Instruments, the differences include:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'accidental hypothermia' in clause 3;
- new definitions of 'death from accidental hypothermia', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 11.
7. Further changes to the format of the Instrument reflect the commencement of the MRCA and clarify that pursuant to subsection 196B(3A) of the VEA, the Statement of Principles has been determined for the purposes of both the VEA and the MRCA.
8. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to accidental hypothermia in the Government Notices Gazette of 27 June 2007, and circulated a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field. No submissions were received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to accidental hypothermia as advertised in the Government Notices Gazette of 27 June 2007.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 17 of 2010 is an amendment to the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addressing the issue of accidental hypothermia related to military service. This legislative instrument was enacted to formalise the link between particular military services and accidental hypothermia, ensuring that veterans can seek appropriate compensation. The instrument revokes the previous Instrument No. 376 of 1995 and sets out new criteria for determining claims of accidental hypothermia, based on updated medical-scientific evidence. The Repatriation Medical Authority, established under the Veterans' Entitlements Act 1986, determined this instrument to replace the outdated statement of principles. This legislative change aims to provide clarity and fairness in the assessment and acceptance of liability for service-related injuries, including accidental hypothermia, by ensuring that claims are assessed against the most current medical evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 17 of 2010, concerning accidental hypothermia, applies to individuals who have served in various capacities, including operational, peacekeeping, hazardous, warlike, and non-warlike service, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument specifically addresses the connection between accidental hypothermia or death from accidental hypothermia and the service circumstances of veterans and service personnel, thereby providing a framework for assessing claims related to these conditions. The instrument is applicable nationally in Australia, as it pertains to the federal legislation governing veterans' entitlements and military rehabilitation. The instrument does not specify any exclusions, exemptions, or thresholds, but it is determined that certain factors must exist and be related to the service to raise a reasonable hypothesis connecting the condition with the service. Additionally, the instrument extends its application through the use of subordinate instruments, which may further clarify or modify the conditions and factors considered in claims for compensation.
Key Provisions
The main operative sections of this instrument concern the revocation of a previous statement of principles related to accidental hypothermia (subsection 196B(8) of the Veterans' Entitlements Act 1986, or VEA), and the establishment of a new statement of principles (subsection 196B(2) of the VEA). This new statement outlines the medical and scientific evidence that links accidental hypothermia and death from accidental hypothermia to specific types of military service. The new Statement of Principles, Instrument No. 17 of 2010, replaces the revoked Instrument No. 376 of 1995 and sets forth the factors that must exist to connect accidental hypothermia or death from accidental hypothermia with particular kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service under the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
The Repatriation Medical Authority is responsible for determining the Statement of Principles and ensuring that the latest medical-scientific evidence is considered. This involves advertising its intention to investigate in the Government Notices Gazette and inviting submissions from relevant organisations and individuals. The Authority must also ensure that the new Instrument is formatted correctly and specifies a date of effect. The new Instrument format adopted in 2005, and the Authority has clarified that the Statement of Principles is determined for the purposes of both the VEA and the MRCA. The new instrument includes revised definitions for terms such as 'accidental hypothermia', 'death from accidental hypothermia', 'ICD-10-AM code', 'relevant service', and 'terminal event', among other changes.
Under the VEA and the MRCA, various obligations and requirements are imposed on the parties or entities governed by this legislation. The Repatriation Medical Authority must determine the Statement of Principles based on sound medical-scientific evidence, and ensure that the new Instrument is properly formatted and includes a date of effect. The Authority must also advertise its intention to investigate in the Government Notices Gazette and invite submissions from relevant organisations and individuals. Claims for compensation under section 319 of the MRCA for service injuries, diseases, or deaths on or after 1 July 2004 must be determined by the Military Rehabilitation and Compensation Commission with reference to the Statements of Principles issued by the Authority.
The new instrument and the MRCA impose several obligations on claimants and other parties. Claimants must provide evidence that connects their accidental hypothermia or death from accidental hypothermia with their relevant service. The Repatriation Medical Authority is required to consider the latest medical-scientific evidence and ensure that the new Statement of Principles accurately reflects this evidence. The Military Rehabilitation and Compensation Commission is responsible for determining claims for compensation in accordance with the new Statement of Principles and the provisions of the MRCA.
Breach of the provisions of the VEA and the MRCA may result in civil or criminal consequences, depending on the nature of the breach. The maximum penalties for offences under the VEA and the MRCA vary depending on the specific offence and the circumstances of the case. For example, knowingly providing false or misleading information in a claim for compensation may result in a penalty of up to five years imprisonment or a fine of up to $50,000, or both, under section 29 of the MRCA. Other offences may result in lesser penalties, such as fines or community service orders. The specific penalties for each offence are set out in the relevant legislation.