REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 2 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. 20 of 1995 of 12 January 1995, determined under subsection 196B(3) of the VEA concerning alpha-1 antitrypsin deficiency and death from alpha-1 antitrypsin deficiency.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 2 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 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, alpha-1 antitrypsin deficiency or death from alpha-1 antitrypsin deficiency 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 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. 2 of 2007 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of alpha-1 antitrypsin deficiency and related deaths in service personnel. The Instrument, enacted by the Repatriation Medical Authority under the authority of the Veterans’ Entitlements Act 1986, aims to establish a clear connection between alpha-1 antitrypsin deficiency and specific types of military service, thereby facilitating compensation claims for affected veterans. The new instrument replaces the previously revoked Instrument No. 20 of 1995, reflecting the latest medical-scientific evidence and the commencement of the Military Rehabilitation and Compensation Act 2004, which governs claims for compensation from 1 July 2004 onwards. The Authority has determined a new Statement of Principles to outline the factors necessary to establish a probable link between alpha-1 antitrypsin deficiency and the service rendered by the claimant.
Scope and Application
The Repatriation Medical Authority Instrument No. 2 of 2007 amends the existing legislation concerning alpha-1 antitrypsin deficiency and death from this condition, as it applies under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument applies to veterans and service personnel who may have contracted alpha-1 antitrypsin deficiency or died from it as a result of their service. The Authority's determination of the Statement of Principles concerns the connection between this condition and eligible war service, defence service, and peacetime service as defined under the respective acts. The instrument is effective nationwide, as it pertains to Commonwealth legislation. The Authority's decision to revoke the previous Instrument No. 20 of 1995 and replace it with the new Instrument No. 2 of 2007 is based on the latest medical-scientific evidence, aiming to accurately reflect the relationship between service and the condition in question. The instrument does not specify any exclusions or exemptions, and its application is not extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of this legislation involve the revocation of the previous Instrument No. 20 of 1995 and the introduction of a new Instrument No. 2 of 2007 concerning alpha-1 antitrypsin deficiency (section 2). This new instrument, determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), establishes a Statement of Principles that outlines the factors necessary to connect alpha-1 antitrypsin deficiency or death from alpha-1 antitrypsin deficiency with specific kinds of service (section 4). This includes eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service. Additionally, the new instrument adopts a revised format and includes updated definitions for key terms such as 'alpha-1 antitrypsin deficiency', 'death from alpha-1 antitrypsin deficiency', 'relevant service', and 'terminal event' (sections 6 and 8).
The legislation imposes obligations on the Repatriation Medical Authority (the Authority) to determine Statements of Principles based on sound medical-scientific evidence. The Authority must advertise its intention to investigate and invite submissions from relevant parties, although no submissions were received for this particular investigation (sections 7 and 9). The Authority is also required to finalise the investigation and determine the new instrument, ensuring it reflects the latest evidence and legal framework (section 10). Furthermore, the new instrument clarifies the connection between the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), indicating that claims for compensation for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission using the new Statement of Principles (sections 3 and 7).
There are no explicit offences, penalties, or civil/criminal consequences detailed for breach of the provisions in this explanatory statement. However, the Authority’s role in determining Statements of Principles is crucial for the eligibility and assessment of compensation claims under the VEA and the MRCA. Failure to adhere to the process or provide accurate and evidence-based Statements of Principles could potentially impact the validity and acceptance of claims by the Commission, leading to disputes or delays in compensation for affected veterans and their families. The focus of the legislation is on ensuring that the new instrument is based on the best available evidence and that it aligns with the statutory requirements set out in the VEA and MRCA.