REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 67 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. 163 of 1995, determined under subsection 196B(3) of the VEA concerning animal envenomation and death from animal envenomation.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 67 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 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, animal envenomation or death from animal envenomation 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 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. 67 of 2008, under the Veterans’ Entitlements Act 1986, addresses the issue of animal envenomation and death from animal envenomation in relation to particular kinds of military service. This legislative instrument was introduced to provide clarity and updated medical-scientific evidence to support claims related to such incidents, effectively replacing the previously revoked Instrument No. 163 of 1995. The Authority, acting under subsection 196B(3) of the VEA, determined this new Statement of Principles based on available evidence, ensuring it aligns with the latest revised Instrument format and specifies the date of effect. This development is crucial for claims under the Military Rehabilitation and Compensation Act 2004, which commenced on 1 July 2004, and seeks to streamline the process for determining liability for service injuries and diseases.
Scope and Application
The Repatriation Medical Authority Instrument No. 67 of 2008, concerning animal envenomation, applies to claims for compensation under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 for veterans and service personnel who have sustained injuries or died from animal envenomation in the course of their service. The Instrument sets out the Statement of Principles for determining the connection between such injuries or deaths and specific kinds of service, including eligible war service, defence service, and peacetime service. The Instrument revokes the previous Statement of Principles issued in 1995 and adopts a revised format that aligns with the commencement of the Military Rehabilitation and Compensation Act 2004. This Instrument applies nationally across Australia and is applicable to claims for compensation that commenced on or after 1 July 2004, with no specific exclusions or thresholds mentioned in the explanatory notes. The Authority may further extend or restrict the application of the Instrument through subordinate instruments as necessary.
Key Provisions
The Repatriation Medical Authority, under the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 163 of 1995 concerning animal envenomation and death from animal envenomation, and has issued a new Statement of Principles, Instrument No. 67 of 2008. This new instrument, effective from its specified date, establishes the factors that must exist to determine if animal envenomation or death from animal envenomation is connected to particular kinds of service, including eligible war service, defence service, and peacetime service (section 4). The Authority has adopted the latest revised Instrument format, revised definitions, and inserted new definitions to clarify the terms used in the document (section 6). The Military Rehabilitation and Compensation Act 2004 (MRCA) now governs claims for compensation for injuries, diseases, or deaths occurring on or after 1 July 2004 (section 3).
The new Statement of Principles outlines the specific circumstances under which animal envenomation or death from animal envenomation may be considered related to service, requiring a connection to eligible war service, defence service, or peacetime service as defined (section 4). The Authority's determination follows an investigation into the medical-scientific evidence available, which concluded that it is more probable than not that such envenomation can be related to particular kinds of service (section 2). The Authority advertised its intention to investigate and invited submissions from relevant organisations and experts but did not receive any submissions for consideration (section 8 and 9).
Under the new instrument, parties and entities must comply with the outlined factors and definitions to establish a connection between animal envenomation or death from animal envenomation and the service rendered. This includes demonstrating that the envenomation or death occurred under the specified conditions and that the service falls within the categories of eligible war service, defence service, or peacetime service (section 4). Claims for compensation based on these conditions must be determined by the Military Rehabilitation and Compensation Commission, with reference to the new Statement of Principles (section 3).
Breach of the provisions or failure to comply with the requirements set out in the new Statement of Principles may result in civil or criminal consequences. While the specific penalties are not detailed in the explanatory notes, the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 provide frameworks for penalties related to misrepresentation, fraud, or other breaches in the context of compensation claims. These could include fines, imprisonment, or other civil remedies as prescribed by the respective Acts.