REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 1 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. 19 of 1995 of 12 January 1995, determined under subsection 196B(2) of the VEA concerning alpha-1 antitrypsin deficiency and death from alpha-1 antitrypsin deficiency.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that alpha-1 antitrypsin deficiency and death from alpha-1 antitrypsin deficiency can be related to particular kinds of service. The Authority has therefore determined pursuant to subsection 196B(2) of the VEA a Statement of Principles, Instrument No. 1 of 2007 concerning alpha-1 antitrypsin deficiency. 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 as a minimum exist, and which of those factors must be related to the following kinds of service rendered by a person:
operational service under the VEA;
peacekeeping service under the VEA;
hazardous service under the VEA;
warlike service under the MRCA;
non-warlike service under the MRCA,
before it can be said that a reasonable hypothesis has been raised connecting alpha-1 antitrypsin deficiency or death from alpha-1 antitrypsin deficiency, 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 alpha-1 antitrypsin deficiency 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:
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- revising the definition of 'alpha-1 antitrypsin deficiency' in clause 3;
- deleting the definition of 'ICD code';
- including new definitions of 'death from alpha-1 antitrypsin deficiency'; 'relevant service'; and 'terminal event', 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 alpha-1 antitrypsin deficiency 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. The determining of this new instrument finalises the investigation in relation to alpha-1 antitrypsin deficiency as advertised in the Government Notices Gazette of 15 June 2005.
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. 1 of 2007, enacted under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the issue of alpha-1 antitrypsin deficiency and related deaths in Australian veterans and service personnel. The Repatriation Medical Authority, exercising its authority under the VEA, revoked the previous Instrument No. 19 of 1995 and established a new Statement of Principles to reflect the latest medical-scientific evidence regarding the relationship between alpha-1 antitrypsin deficiency and specific military service conditions. The Authority determined that sound medical-scientific evidence now supports the connection between this deficiency and certain types of military service, thus necessitating updated criteria for assessing claims under the VEA and the MRCA. The Authority consulted with relevant organisations and experts during its investigation, which was announced in the Government Notices Gazette of 15 June 2005, but did not receive any submissions. This new instrument clarifies the conditions under which alpha-1 antitrypsin deficiency and related deaths can be linked to military service and ensures that compensation claims are assessed based on the most current medical evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 1 of 2007 amends the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) by revoking a previous instrument concerning alpha-1 antitrypsin deficiency and replacing it with new Statements of Principles. This instrument applies to veterans who have served in operational, peacekeeping, hazardous, warlike, or non-warlike service, as defined under the VEA and MRCA, and who have developed alpha-1 antitrypsin deficiency or died from this deficiency. The instrument provides a framework for determining claims for compensation for service-related conditions, establishing the necessary service-related factors that must exist for a claim to be considered valid. The instrument's application is determined by the Repatriation Medical Authority, with its decisions applicable across the Commonwealth of Australia. No exclusions or exemptions are specified in the instrument, though the Authority's determinations can be subject to review or appeal under the applicable acts. Subordinate instruments may further refine the application and interpretation of these principles, ensuring consistency and fairness in the administration of veterans' entitlements.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 1 of 2007 concern the determination of a new Statement of Principles regarding alpha-1 antitrypsin deficiency and death from alpha-1 antitrypsin deficiency (s. 4). This instrument revokes the previous Statement of Principles issued in 1995 (s. 2). The new Statement of Principles outlines the factors that must exist for a reasonable hypothesis to be raised connecting alpha-1 antitrypsin deficiency or death from alpha-1 antitrypsin deficiency with certain types of service rendered by a person, including operational, peacekeeping, and hazardous service under the Veterans' Entitlements Act 1986 (VEA), and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA) (s. 4). The new instrument adopts a revised format and includes updated definitions (s. 6). It specifies that the Statement of Principles applies to both the VEA and the MRCA (s. 7).
The Repatriation Medical Authority is responsible for determining Statements of Principles under subsection 196B(2) of the VEA. This includes assessing the sound medical-scientific evidence related to a condition and deciding whether there is a connection between the condition and specific types of service (s. 2). The Authority must advertise its intention to undertake an investigation and invite submissions from relevant parties, although no submissions were received for this particular investigation (s. 9). The Authority must also ensure that the new Statement of Principles replaces the revoked one and applies to claims for compensation under the MRCA for injuries, diseases, or deaths occurring on or after 1 July 2004 (s. 3, s. 7).
There are no specific offences or penalties mentioned in the explanatory notes for this instrument. However, the Authority's determination of the Statement of Principles is crucial for the assessment of compensation claims under the VEA and the MRCA. Failure to comply with the provisions of the Statement of Principles could potentially affect the eligibility of a claim for compensation, although the instrument itself does not outline specific penalties for non-compliance. The focus is on ensuring that claims are assessed based on the most current and accurate medical-scientific evidence.