REPATRIATION MEDICAL AUTHORITY

INSTRUMENT NO. 23 of 2005

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

EXPLANATORY NOTES FOR TABLING

1. The Repatriation Medical Authority (‘the Authority’), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (‘the VEA’) revokes Instrument No. 138 of 1996 of 26 September 1996, determined under subsection 196B(2) of the VEA concerning asbestosis and death from asbestosis.

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that asbestosis and death from asbestosis 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. 23 of 2005 concerning asbestosis. This Instrument will in effect replace the revoked Statement of Principles.

3.             Pursuant to the provisions of the VEA and the Military Rehabilitation and Compensation Act 2004 (‘the MRCA’), claims for pension under the VEA or compensation under the MRCA are determined by the Repatriation Commission or 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 asbestosis or death from asbestosis with the circumstances of that service.

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 16 April 2003 concerning asbestosis 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 significant differences include:

• adopting the latest revised Instrument format, which commenced in 2003;
• deleting the ICD code from the Instrument header;
• changing the definition of ‘asbestosis’ in clause 2;
• rewording factor 5(a) relating to the inhaling of respirable asbestos fibres in an enclosed space, requiring the inhalation to total at least 1000 hours before clinical onset;
• a new factor 5(b) relating to the inhaling of respirable asbestos fibres in an open environment before clinical onset;
• a new factor 5(c) relating to the inhaling of respirable asbestos fibres before clinical worsening;
• deleting the definition of ‘an enclosed area’, ‘exposed to respirable asbestos fibres’ and ‘ICD code’ in clause 8;
• revising the definition of ‘relevant service’ and ‘respirable asbestos fibres’ in clause 8;
• including new definitions of ‘an enclosed space’, ‘death from asbestosis’, ‘ICD-10-AM code’ and ‘terminal event’ in clause 8; and
• specifying a date of effect for the Instrument in clause 10.

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.             The Instrument refers to, but does not incorporate by reference, The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), effective date of 1 July 2004, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 594 1. This publication is available for purchase from the National Centre for Classification in Health, The University of Sydney, PO Box 170, Lidcombe NSW 1825.

9.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to asbestosis in the Government Notices Gazettes of 16 April 2003, 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.

10.         Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field. Five submissions were received and considered by the Authority during the investigation.

11.         The determining of this new instrument finalises the investigation in relation to asbestosis as advertised in the Government Notices Gazettes of 16 April 2003.

12.         A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.