REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 6 of 2009
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. 297 of 1995, determined under subsection 196B(3) of the VEA concerning accommodation disorder and death from accommodation disorder.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that accommodation disorder and death from accommodation disorder 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. 6 of 2009 concerning accommodation disorder. 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, accommodation disorder or death from accommodation disorder 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 2 May 2007 concerning accommodation disorder 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 'accommodation disorder' in clause 3;
- new factor 6(a) concerning 'an injury or disorder affecting the function of the oculomotor nerve or ciliary muscle of the affected eye';
- new definitions of 'an injury or disorder affecting the function of the oculomotor nerve or ciliary muscle', 'death from accommodation disorder', 'ICD-10-AM code', 'relevant service', and 'terminal event' in clause 9;
- deleting definitions of 'ICD code' and 'lesion affecting the oculomotor nerve'; 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 accommodation disorder in the Government Notices Gazette of 2 May 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 accommodation disorder as advertised in the Government Notices Gazette of 2 May 2007.
10. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.
Overview
The Repatriation Medical Authority Instrument No. 6 of 2009 was enacted to address the issue of accommodation disorder and death from accommodation disorder, particularly in relation to certain types of military service. This instrument revokes the previous Instrument No. 297 of 1995 under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). The Authority determined a new Statement of Principles based on the latest medical-scientific evidence, which specifies the factors necessary to link accommodation disorder or death from accommodation disorder to particular kinds of service, including eligible war service, defence service, and peacetime service. This new instrument aligns with the Military Rehabilitation and Compensation Act 2004, under which claims for compensation from 1 July 2004 are assessed by the Military Rehabilitation and Compensation Commission. The Authority invited submissions from relevant organisations and individuals during its investigation, although none were received. This new instrument concludes the investigation into accommodation disorder, as advertised in the Government Notices Gazette on 2 May 2007.
Scope and Application
The Repatriation Medical Authority Instrument No. 6 of 2009, under the Veterans’ Entitlements Act 1986, addresses accommodation disorder and death from accommodation disorder, replacing the previously revoked Instrument No. 297 of 1995. This new instrument applies to veterans and service personnel who have rendered eligible war service, defence service, or peacetime service, as defined by the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Statement of Principles set forth in this instrument outlines the medical-scientific evidence linking accommodation disorder or its fatal outcome to certain types of military service. The instrument applies nationally, with claims for compensation related to service injuries or diseases sustained on or after 1 July 2004 being determined by the Military Rehabilitation and Compensation Commission in accordance with the principles issued by the Repatriation Medical Authority. The instrument’s application is extended through subordinate instruments that might further specify criteria or processes for determining compensation claims.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (the VEA), has revoked Instrument No. 297 of 1995 concerning accommodation disorder and death from accommodation disorder, which was determined under subsection 196B(3) of the VEA. The Authority has replaced this with Instrument No. 6 of 2009, which sets out a Statement of Principles regarding accommodation disorder. This new instrument outlines the circumstances under which accommodation disorder or death from accommodation disorder can be considered to be connected to certain kinds of service, such as eligible war service, defence service, and peacetime service. The new Instrument No. 6 of 2009 reflects the latest revised Instrument format and incorporates several changes from the revoked Instrument, including updated definitions and the addition of new factors that must be considered.
The Statement of Principles in Instrument No. 6 of 2009 imposes specific obligations on the parties involved in determining claims related to accommodation disorder. For example, under section 196B(3) of the VEA, the Authority is responsible for determining the Statement of Principles based on sound medical-scientific evidence. Additionally, claims for compensation for service injuries, service diseases, or service deaths occurring on or after 1 July 2004 are to be assessed by the Military Rehabilitation and Compensation Commission, as per section 319 of the Military Rehabilitation and Compensation Act 2004 (the MRCA), with reference to the Statements of Principles issued by the Authority. The Authority must ensure that the factors outlined in the Statement of Principles are thoroughly examined and considered in the determination of claims.
Under the provisions of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, breaches of the requirements set out in the Statement of Principles can result in various consequences. For instance, if a claimant fails to provide sufficient evidence to meet the criteria specified in the Statement of Principles, their claim may be denied. Furthermore, any individual or entity found to be in breach of the obligations imposed by these Acts could face civil or criminal penalties. The maximum penalties for such breaches may vary depending on the specific nature and severity of the breach, but they are determined by the relevant courts and can include fines and imprisonment. It is essential for all parties to adhere to the provisions of the Acts and the Statement of Principles to avoid any potential consequences.