REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 66 of 2008
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. 162 of 1995, determined under subsection 196B(2) of the VEA concerning animal envenomation and death from animal envenomation.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that animal envenomation and death from animal envenomation 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. 66 of 2008 concerning animal envenomation. 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 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 animal envenomation or death from animal envenomation, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning animal envenomation in accordance with section 196G of the VEA. 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 'animal envenomation' in clause 3;
- revising the existing factor (a) and replacing it with 6(a) concerning 'having external contact with venom' and 6(b) concerning 'having internal absorption of venom';
- inserting new definitions of "a venomous animal", "death from animal envenomation", "ICD-10-AM code", "relevant service" and "terminal event" in clause 9;
- deleting definitions of "ICD code" and "venomous animal"; and
- specifying a date of effect for the Instrument in clause 11.
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 animal envenomation in the Government Notices Gazette of 2 May 2007, 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 animal envenomation as advertised in the Government Notices Gazette of 2 May 2007.
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. 66 of 2008, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the issue of animal envenomation and death from animal envenomation in relation to particular kinds of military service. This instrument, enacted by the Repatriation Medical Authority, replaced Instrument No. 162 of 1995, following a comprehensive investigation into the medical-scientific evidence regarding the connection between such incidents and specific service circumstances. The objective was to ensure that claims for compensation related to these incidents are determined accurately by referencing a revised Statement of Principles. The new instrument incorporates updated definitions and formats, aligning with the commencement of the Military Rehabilitation and Compensation Act 2004 and clarifying its applicability under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority, pursuant to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, has issued Instrument No. 66 of 2008 to replace the previously revoked Instrument No. 162 of 1995 concerning animal envenomation. This new instrument applies to service personnel who have suffered animal envenomation or death from such envenomation during various types of service including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument outlines the minimum factors that must exist to establish a reasonable hypothesis linking these incidents to the service rendered, and it applies to claims for compensation made on or after 1 July 2004, as determined by the Military Rehabilitation and Compensation Commission. The Authority's determination of this instrument concludes the investigation into animal envenomation that was initiated and advertised in the Government Notices Gazette on 2 May 2007, with no submissions received during the investigation process.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 66 of 2008, as stated in the explanatory statement, primarily focus on the revocation of Instrument No. 162 of 1995 concerning animal envenomation and the determination of a new Statement of Principles under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). This new instrument, Instrument No. 66 of 2008, pertains to the medical conditions related to animal envenomation and death from animal envenomation, specifically outlining the factors necessary to establish a connection between these conditions and the service rendered by a person. This new instrument will replace the previously revoked one, effective as of the date specified in clause 11 of the new instrument.
The obligations and requirements imposed by this Act on the parties or entities it governs primarily involve the provision of sound medical-scientific evidence to establish a connection between animal envenomation or death from animal envenomation and the service rendered. For a reasonable hypothesis to be raised, the service must be of a certain kind, such as operational, peacekeeping, hazardous, warlike, or non-warlike service. This evidence is necessary for determining claims for compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA). The Repatriation Medical Authority is responsible for determining these Statements of Principles and ensuring that the latest medical-scientific evidence is considered. Additionally, the Authority must advertise its intention to undertake an investigation, as it did in the Government Notices Gazette of 2 May 2007, and invite submissions from relevant organisations and individuals.
The Act outlines potential consequences for non-compliance with the provisions of the Instrument. However, the explanatory statement does not specify any particular offences, penalties, or civil/criminal consequences for breach under this Act. It is important to note that the focus of this legislation is on the establishment of a framework for determining compensation claims related to animal envenomation and death from animal envenomation, rather than on penalising non-compliance. The Statement of Principles serves to guide the Military Rehabilitation and Compensation Commission in making decisions on claims filed under section 319 of the MRCA. As such, the primary consequence of not adhering to the requirements of the Act would be the inability to establish a valid claim for compensation.