REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 18 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. 377 of 1995 determined under subsection 196B(3) of the VEA concerning accidental hypothermia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 18 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 exist, and which of those factors must be related to the following kinds of service rendered by a person:
eligible war service (other than operational service) under the VEA;
defence service (other than hazardous service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, accidental hypothermia or death from accidental hypothermia is connected 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. 18 of 2010, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of accidental hypothermia related to service in the armed forces. This legislation was introduced to ensure that the sound medical-scientific evidence available is used to determine the connection between accidental hypothermia, death from accidental hypothermia, and particular kinds of military service. The instrument revokes the previous Statement of Principles from 1995 and replaces it with a new one that reflects the latest medical-scientific evidence. The enacting body, the Repatriation Medical Authority, conducted an investigation and determined this new instrument to finalise the review process, ensuring that the criteria for claims related to accidental hypothermia are based on current evidence. The policy objective is to provide a clear framework for determining the eligibility of veterans for compensation related to accidental hypothermia, ensuring that claims are assessed fairly and based on the most recent medical-scientific understanding.
Scope and Application
The Repatriation Medical Authority Instrument No. 18 of 2010, issued under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the determination of a new Statement of Principles concerning accidental hypothermia. This instrument applies to individuals who have engaged in eligible war service, defence service, or peacetime service, as defined under the VEA and MRCA respectively. The Statement of Principles outlines the specific circumstances and conditions under which accidental hypothermia or death from accidental hypothermia can be deemed related to the service rendered by the individual. The instrument revokes the previously determined Instrument No. 377 of 1995, replacing it with the latest medical-scientific evidence, and is effective as of its specified date. The Authority considered the latest available evidence and invited submissions during the investigation process, although no submissions were received. This instrument applies nationally, with the Repatriation Medical Authority having the jurisdiction to determine such statements under the VEA and MRCA.
Key Provisions
The Repatriation Medical Authority (the Authority), pursuant to subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 377 of 1995 concerning accidental hypothermia, and has issued a new Statement of Principles, Instrument No. 18 of 2010. This new Instrument sets out the conditions that must be met for accidental hypothermia or death from accidental hypothermia to be connected with particular kinds of service. Specifically, the Instrument outlines the factors that must exist and must be related to eligible war service, defence service, or peacetime service before it can be said that, on the balance of probabilities, accidental hypothermia or death from accidental hypothermia is connected with the circumstances of that service.
The obligations imposed by the Act on the parties it governs include the requirement for the Authority to determine Statements of Principles for particular medical conditions based on the sound medical-scientific evidence available. In this case, the Authority has determined a Statement of Principles concerning accidental hypothermia, which replaces the previously revoked Instrument No. 377 of 1995. The Authority must also advertise its intention to undertake an investigation in relation to a particular medical condition in the Government Notices Gazette, and must invite submissions from relevant organisations and individuals during the investigation. The Authority must consider any submissions received before determining the Statement of Principles.
The Act provides for various civil and criminal consequences for breach of its provisions. For example, section 196I of the VEA provides that a person who makes a false or misleading statement in relation to a claim for compensation under the Act is liable to a civil penalty of up to $22,200 for each offence. Section 196H of the VEA provides that a person who knowingly or recklessly makes a false or misleading statement in relation to a claim for compensation under the Act is guilty of an offence and is liable to a criminal penalty of up to $11,100 or imprisonment for up to 12 months, or both. Similar provisions apply under the Military Rehabilitation and Compensation Act 2004 (MRCA) for claims for compensation commenced on or after 1 July 2004.