REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 46 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. 50 of 1995, determined under subsection 196B(3) of the VEA concerning albinism and death from albinism.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that albinism and death from albinism 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. 46 of 2007 concerning albinism. 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, albinism or death from albinism 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 15 June 2005 concerning albinism 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 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 'albinism' in clause 3;
- deleting the factor concerning 'ultra violet radiation';
- new definitions of 'death from albinism'; 'relevant service' and 'terminal event'in clause 6;
- deleting definition of 'ICD code' in clause 6; and
- specifying a date of effect for the Instrument in clause 8.
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 albinism in the Government Notices Gazette of 15 June 2005, 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. On 20 December 2006, the Authority wrote to organisations representing veterans, service personnel and their dependants regarding the proposed Instrument and the medical-scientific material considered by the Authority. This letter emphasised the deletion of factors relating to ultra violet radiation. The Authority provided an opportunity to the organisations to make representations in relation to the proposed instrument prior to its determination. No submissions were received for consideration by the Authority.
10. The determining of this new instrument finalises the investigation in relation to albinism as advertised in the Government Notices Gazette of 15 June 2005.
11. 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. 46 of 2007 was enacted in 2007 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This legislative instrument addresses the problem of establishing a connection between albinism and military service, aiming to provide clearer guidelines for veterans and their families seeking compensation for conditions related to their service. The Authority was tasked with updating the existing principles concerning albinism and its relation to military service, reflecting the latest medical-scientific evidence. The policy objective is to ensure that veterans who suffer from albinism or its related fatalities can access appropriate compensation by clearly defining the circumstances under which these conditions are connected to their service. The Authority conducted an investigation and solicited feedback from relevant stakeholders, ultimately leading to the creation of this new instrument to replace the outdated 1995 statement of principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 46 of 2007 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) pertains to the acceptance of liability for albinism and death from albinism related to specific kinds of military service. This legislation applies to individuals who have rendered eligible war service, defence service, or peacetime service and who are making claims for compensation regarding service injuries, diseases, or deaths occurring on or after 1 July 2004. The Authority determines these claims by referencing Statements of Principles concerning albinism, which outline the factors that must exist and be related to the service in question for a connection to albinism or death from albinism to be established on the balance of probabilities. The new instrument replaces a previous one and reflects the latest revised format, clarifying its applicability under both the VEA and the MRCA. No submissions were received during the Authority’s investigation and consultation process, leading to the finalisation of this instrument as of 20 December 2006.
Key Provisions
The Repatriation Medical Authority (the Authority), under section 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA), has revoked Instrument No. 50 of 1995, which concerned albinism and death from albinism, and in its place, has issued Instrument No. 46 of 2007. This new instrument is based on the medical-scientific evidence available, which indicates a probable link between albinism, death from albinism, and particular types of service. This Instrument sets out the principles that must be considered when determining if albinism or death from albinism is connected to a person's service in the eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service.
The Statement of Principles outlines the specific factors that must exist and be related to the service, before it can be concluded that albinism or death from albinism is connected to the service. The Authority determined this new Statement of Principles in accordance with subsection 196B(3) of the VEA, following an investigation that was notified in the Government Notices Gazette of 15 June 2005. The Authority reviewed the latest medical-scientific evidence and invited submissions from relevant organisations and individuals with expertise in the field. No submissions were received during the investigation or prior to the determination of the Instrument.
Parties or entities governed by this Act are required to adhere to the principles set out in Instrument No. 46 of 2007 when making determinations about claims related to albinism or death from albinism. The Authority is responsible for issuing these Statements of Principles and ensuring that they are in line with the latest medical-scientific evidence. The Military Rehabilitation and Compensation Commission must also use these Statements of Principles when determining claims for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004 for injuries, diseases, or deaths occurring on or after 1 July 2004.
There are no specific offences, penalties, or consequences outlined for breaches of this legislation. However, non-compliance with the requirements of the VEA or MRCA could potentially lead to legal challenges or disputes over compensation claims. The Authority and the Commission are responsible for ensuring that the principles set out in the Instrument are followed in making determinations about claims related to albinism or death from albinism.