REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 47 of 2007 - Revocation
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) is of the view that alkaptonuria does not have any factors which can be "related to service" as defined in the Veterans’ Entitlements Act 1986 (the VEA). The Authority has therefore determined, under subsection 196B(14) of the VEA and subsection 33(3) of the Acts Interpretation Act 1901, a Statement of Principles, Instrument No. 47 of 2007 – Revocation, concerning alkaptonuria. This Instrument revokes the existing Statement of Principles, Instrument No. 47 of 2007, determined under subsection 196B(2) of the VEA, concerning alkaptonuria.
- This Instrument also specifies a date of effect for the revocation in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003.
- Prior to determining this Instrument, the Authority advertised its intention to undertake an investigation in relation to alkaptonuria in the Government Notices Gazette of 31 October 2012, 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.
- On 19 December 2014, 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 cirrhosis of the liver and moderate to severe renal failure. This letter also emphasised that the Authority is of the view that alkaptonuria does not have factors which can be "related to service". 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.
- The determining of this Instrument finalises the investigation in relation to alkaptonuria as advertised in the Government Notices Gazette of 31 October 2012.
- 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
GPO Box 1014
BRISBANE QLD 4001
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
Instrument No.: Statement of Principles No. 47 of 2007 - Revocation
Kind of Injury, Disease or Death: Alkaptonuria
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
1. This Legislative Instrument is determined pursuant to subsection 196B(14) of the Veterans' Entitlements Act 1986 (the VEA) for the purposes of the VEA and the Military Rehabilitation and Compensation Act 2004 (the MRCA).
2. This Legislative Instrument:-
- replaces Instrument No. 47 of 2007; and
- reflects developments in the available sound medical-scientific evidence concerning alkaptonuria which have occurred since that earlier instrument was determined.
Human Rights Implications
3. This Legislative Instrument does not derogate from any human rights. It promotes the human rights of veterans, current and former Defence Force members as well as other persons such as their dependents, including:
- the right to social security (Art 9, International Covenant on Economic, Social and Cultural Rights; Art 26, Convention on the Rights of the Child and Art 28, Convention on the Rights of Persons with Disabilities) by helping to ensure that the qualifying conditions for the benefit are 'reasonable, proportionate and transparent'[1];
- the right to an adequate standard of living (Art 11, ICSECR; Art 27, CRC and Art 28, CRPD) by facilitating the assessment and determination of social security benefits;
- the right to the enjoyment of the highest attainable standard of physical and mental health (Art 12, ICSECR and Art 25, CRPD), by facilitating the assessment and determination of compensation and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members; and
- the rights of persons with disabilities by facilitating the determination of claims relating to treatment and rehabilitation (Art 26, CRPD).
Conclusion
This Legislative Instrument is compatible with human rights as it does not derogate from and promotes a number of human rights.
Repatriation Medical Authority
[1] In General Comment No. 19 (The right to social security), the Committee on Economic, Social and Cultural Rights said (at paragraph 24) this to be one of the elements of ensuring accessibility to social security.
Overview
The Repatriation Medical Authority Instrument No. 47 of 2007 - Revocation, enacted in 2015, addresses the issue of alkaptonuria by revoking the earlier Statement of Principles concerning the condition. The Repatriation Medical Authority, acting under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, determined that alkaptonuria does not have factors related to service as defined by the Acts. This revocation was based on the findings that the condition does not stem from military service, thereby clarifying the eligibility criteria for veterans' benefits and ensuring the conditions for such benefits are reasonable, proportionate, and transparent. The Authority undertook an investigation, advertised in the Government Notices Gazette, and sought submissions from relevant organisations and experts, though none were received. The Instrument aligns with human rights by facilitating fair assessment and determination of benefits, thereby promoting the right to social security, an adequate standard of living, and the highest attainable standard of physical and mental health for veterans and their dependents.
Scope and Application
The Repatriation Medical Authority Instrument No. 47 of 2007 - Revocation concerns the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004, applying to veterans, current and former Defence Force members, and their dependents. This Instrument specifically addresses alkaptonuria, revoking the existing Statement of Principles concerning this condition and reflecting recent developments in medical-scientific evidence. It applies nationwide across Australia, encompassing both Commonwealth and state jurisdictions, and is effective from the date specified in accordance with the Legislative Instruments Act 2003. The Authority determined this Instrument after advertising its intention to investigate and inviting submissions from relevant stakeholders, though no submissions were received. The revocation aims to ensure the qualifying conditions for benefits remain reasonable, proportionate, and transparent, promoting various human rights including social security, adequate living standards, and the highest attainable standard of health.
Key Provisions
The primary operative sections of the Repatriation Medical Authority Instrument No. 47 of 2007 - Revocation, concern the revocation of the previous Statement of Principles concerning alkaptonuria, which was determined under the Veterans' Entitlements Act 1986 (VEA) (subsection 196B(14) and subsection 33(3) of the Acts Interpretation Act 1901). This revocation reflects the Authority's determination that alkaptonuria does not have any factors which can be "related to service" as defined in the VEA. The Instrument specifies the date of effect for the revocation in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003. The Authority had previously advertised its intention to investigate the condition in the Government Notices Gazette of 31 October 2012, and invited submissions from relevant organisations and experts. However, no submissions were received during the investigation or in response to the Authority's letter of 19 December 2014, which detailed the proposed Instrument and emphasised the deletion of factors relating to cirrhosis of the liver and moderate to severe renal failure.
The Repatriation Medical Authority Instrument imposes several obligations on the parties it governs. The Authority must ensure that the Statement of Principles accurately reflects the current medical-scientific evidence concerning alkaptonuria and that any previous determinations are revised or revoked as necessary. The Authority is also required to provide opportunities for relevant organisations and experts to make submissions during the investigation and prior to the determination of the Instrument. Furthermore, the Authority must ensure that the new Statement of Principles does not derogate from any human rights and promotes the rights of veterans, current and former Defence Force members, and their dependents. This includes facilitating the assessment and determination of social security benefits, compensation, and benefits in relation to the treatment and rehabilitation of veterans and Defence Force members.
The Act imposes penalties for breaches of its provisions, although specific offences and penalties are not detailed in the text. Generally, breaches of the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 can result in both civil and criminal consequences. For example, under section 202 of the VEA, a person who knowingly makes a false or misleading statement in an application for a benefit or payment can be guilty of an offence and may face penalties, including fines or imprisonment. The maximum penalties for such offences can vary depending on the specific provision breached and the nature of the offence. The text does not provide specific maximum penalties for breaches of this particular Instrument, but it is clear that the Authority takes its obligations seriously to ensure that the determinations it makes are based on sound medical-scientific evidence and are compatible with human rights.