REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 62 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. 135 of 1995, determined under subsection 196B(2) of the VEA concerning ascariasis and death from ascariasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that ascariasis and death from ascariasis 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. 62 of 2008 concerning ascariasis. 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 ascariasis or death from ascariasis, 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 ascariasis 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 'ascariasis' in clause 3;
- revising the existing factor (a) and replacing it with 6(a) concerning 'ingesting food or drink contaminated with Ascaris lumbricoides eggs' and 6(b) concerning 'being in an area endemic for Ascaris lumbricoides';
- inserting new definitions of "an area endemic for Ascaris lumbricoides", "death from ascariasis", "ICD-10-AM code", "relevant service" and "terminal event" in clause 9;
- deleting definitions of "ICD code", "Asia", "Central and South America", and "the Caribbean";
- deleting the "Schedule"; 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 ascariasis 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 ascariasis 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. 62 of 2008, enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the medical condition of ascariasis and its relation to military service. This legislative instrument was introduced to address the medical-scientific evidence linking ascariasis and death from ascariasis to specific types of military service, thereby replacing the previous Instrument No. 135 of 1995. The Repatriation Medical Authority, acting under subsection 196B(8) of the Veterans' Entitlements Act 1986, determined this new Statement of Principles to ensure that claims for compensation related to ascariasis are assessed appropriately. The policy objective is to provide clear criteria for linking ascariasis or death from ascariasis to relevant military service, facilitating the processing of compensation claims for affected veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 62 of 2008, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the connection between ascariasis and death from ascariasis, and service in the Australian Defence Force. This instrument applies to individuals who have rendered operational, peacekeeping, or hazardous service under the VEA, as well as warlike or non-warlike service under the MRCA. The instrument serves to establish the minimum factors that must be related to the service in question for a reasonable hypothesis to be raised concerning the connection between ascariasis or death from ascariasis and the service circumstances. This legislation operates within the Commonwealth jurisdiction and applies to claims for compensation related to service injuries, diseases, or deaths that occurred on or after 1 July 2004. The Authority has the ability to extend or restrict the application of this instrument through subordinate instruments, ensuring that the determination aligns with evolving medical-scientific evidence.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 135 of 1995 concerning ascariasis and death from ascariasis, and issued a new Instrument No. 62 of 2008 (paragraph 1). This new instrument provides a Statement of Principles to replace the revoked one, setting out the minimum conditions that must exist for a reasonable hypothesis to be raised connecting ascariasis or death from ascariasis with particular kinds of service rendered by a person (paragraph 4). These service kinds include operational, peacekeeping, hazardous, warlike, and non-warlike service (paragraph 4). The new instrument was developed following an investigation announced in the Government Notices Gazette of 2 May 2007, in accordance with section 196G of the VEA (paragraph 5). The Authority reviewed sound medical-scientific evidence, including previously considered evidence, and made changes to the Instrument's format, definitions, and structure to align with the Military Rehabilitation and Compensation Act 2004 (MRCA) (paragraphs 6, 7, and 8).
The new Statement of Principles sets out specific factors that must be related to the relevant kinds of service, such as ingesting food or drink contaminated with Ascaris lumbricoides eggs or being in an area endemic for Ascaris lumbricoides (paragraph 6). The Authority has also clarified the definition of "relevant service" to include service under both the VEA and the MRCA (paragraph 7). The Authority advertised its intention to investigate ascariasis in the Government Notices Gazette of 2 May 2007 and invited submissions from relevant organisations and experts (paragraph 8). However, no submissions were received for consideration during the investigation (paragraph 8).
Under the new Instrument, claims for compensation related to ascariasis or death from ascariasis on or after 1 July 2004 must be assessed by the Military Rehabilitation and Compensation Commission, using the Statement of Principles issued by the Authority pursuant to the VEA (paragraph 3). The Instrument applies to all relevant kinds of service, as outlined in the Statement of Principles (paragraph 4). The Authority's determination of the new instrument finalises the investigation into ascariasis and replaces the previous Instrument (paragraph 9). A list of references related to ascariasis is available on written request from the Repatriation Medical Authority Secretariat (paragraph 10).
There are no specific offences, penalties, or consequences mentioned in the text for breaching the provisions of the new Instrument. However, the Statement of Principles issued by the Authority under the VEA will be used to determine claims for compensation related to ascariasis or death from ascariasis. Any false or misleading information provided in a claim may be subject to penalties under the VEA or MRCA, depending on the circumstances. It is essential for claimants to provide accurate and truthful information to ensure a fair assessment of their claim.