REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 34 of 2007
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. 12 of 2006, determined under subsection 196B(3) of the VEA concerning acute stress disorder and death from acute stress disorder.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that acute stress disorder and death from acute stress 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. 34 of 2007 concerning acute stress disorder. This Instrument will in effect replace the revoked Statements 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, acute stress disorder or death from acute stress 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 20 December 2006 concerning acute stress disorder in accordance with section 196G of the Act. 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 Instruments. Comparing the new and the revoked Instruments, the differences include:
- revising the definition of 'category 1B stressor' in clause 9; and
- including new definition of 'an eyewitness', in clause 9;
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 acute stress disorder in the Government Notices Gazette of 20 December 2006, 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 acute stress disorder as advertised in the Government Notices Gazette of 20 December 2006.
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. 34 of 2007 was enacted to address the issue of acute stress disorder (ASD) and death from acute stress disorder, providing updated medical-scientific evidence to determine the connection between these conditions and specific types of service. This Instrument revokes the previous Instrument No. 12 of 2006 and aligns with the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority, acting under the VEA, determined a new Statement of Principles after examining current medical-scientific evidence, clarifying the factors required for a connection between ASD, death from ASD, and certain kinds of service, including eligible war service, defence service, and peacetime service. The new Instrument revises definitions and clarifies its applicability under both the VEA and the MRCA.
Scope and Application
The Repatriation Medical Authority Instrument No. 34 of 2007, established under the Veterans’ Entitlements Act 1986, replaces previous Statements of Principles concerning acute stress disorder. This instrument applies to veterans and service personnel who have rendered eligible war service, defence service, or peacetime service, as defined under the respective acts, and who may have sustained acute stress disorder or death from acute stress disorder related to their service. The instrument is designed to determine the likelihood of a connection between such conditions and the service rendered, thereby impacting eligibility for benefits under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act 2004. The Authority's determination is based on sound medical-scientific evidence and takes into account various factors relating to the service rendered. The instrument also reflects changes in definitions and clarifies its application for both acts, ensuring consistency in how compensation claims are assessed post-1 July 2004. The Authority's process included public notice and an invitation for submissions, though none were received for this particular investigation.
Key Provisions
The main operative sections of this instrument, which is number 34 of 2007, focus on revising and updating the conditions related to acute stress disorder as they apply to various types of service under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument revokes the previous instrument number 12 of 2006, replacing it with updated medical-scientific evidence to determine the connection between acute stress disorder, death from acute stress disorder, and specific kinds of service (s. 2). The new instrument outlines the factors that must be present and related to eligible war service, defence service, or peacetime service for it to be said that acute stress disorder or death from acute stress disorder is connected to the service (s. 4). This instrument also includes revised definitions and changes to the format to reflect the commencement of the MRCA and clarify the purpose of the Statement of Principles for both the VEA and the MRCA (s. 7).
The obligations imposed by this instrument on the parties or entities it governs include the requirement for the Repatriation Medical Authority (the Authority) to determine Statements of Principles based on sound medical-scientific evidence and the necessity for claims under the MRCA for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004 to be assessed by the Military Rehabilitation and Compensation Commission in accordance with these Statements of Principles (s. 3). The Authority is also required to advertise its intention to investigate and invite submissions from relevant parties and organisations before determining the new instrument (s. 8, 9). This ensures that the determination of the instrument is based on thorough investigation and consideration of relevant evidence and expert opinions.
Breach of the provisions of this instrument could lead to civil or criminal consequences, depending on the nature and severity of the breach. While the specific penalties are not outlined in the explanatory notes, it is likely that breaches may result in fines, imprisonment, or other penalties as stipulated by the relevant legislation, such as the VEA or the MRCA. The maximum penalties for breaches of the VEA and the MRCA may vary, depending on the specific provisions being breached and the circumstances of the case. It is essential for parties and entities governed by this instrument to adhere to its requirements to avoid any potential legal repercussions.