REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 63 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. 136 of 1995, determined under subsection 196B(3) of the VEA concerning ascariasis and death from ascariasis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that ascariasis and death from ascariasis 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. 63 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 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, ascariasis or death from ascariasis 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 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. 63 of 2008, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the medical condition of ascariasis and its connection to military service. This legislation was enacted to replace Instrument No. 136 of 1995 concerning ascariasis and was introduced in response to the Authority's assessment of the available medical-scientific evidence, indicating a probable link between ascariasis, death from ascariasis, and certain types of military service. The Authority's determination of a new Statement of Principles, through this instrument, aims to clarify the factors necessary to establish a connection between ascariasis or death from ascariasis and service rendered, facilitating compensation claims under the VEA and MRCA. The policy objective is to ensure that veterans and their families receive appropriate recognition and compensation for service-related health conditions.
Scope and Application
The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 govern the Repatriation Medical Authority’s determination of Instrument No. 63 of 2008, which establishes a Statement of Principles concerning ascariasis. This Act applies to veterans, service personnel, and their dependants seeking compensation for injuries or diseases related to service, including eligible war service, defence service, and peacetime service. The new instrument replaces the previously revoked Instrument No. 136 of 1995, and it sets out the conditions that must exist for ascariasis or death from ascariasis to be connected with the service in question. The Authority’s decision is based on the sound medical-scientific evidence available, and it follows an investigation into ascariasis, as notified in the Government Notices Gazette on 2 May 2007. The Authority considers this new instrument for both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act, clarifying the application and ensuring the determination of liability for claims arising on or after 1 July 2004. The instrument specifies the factors, definitions, and conditions relevant to claims, and it provides a revised format to align with the current legislative requirements.
Key Provisions
The primary sections of the legislation (Veterans' Entitlements Act 1986 (VEA) and Military Rehabilitation and Compensation Act 2004 (MRCA)) are concerned with the establishment of a new Statement of Principles regarding ascariasis and its relation to certain military services. Specifically, section 196B(3) of the VEA provides the authority to the Repatriation Medical Authority (the Authority) to determine these Statements of Principles, which in this case is Instrument No. 63 of 2008. This instrument replaces the previously revoked Instrument No. 136 of 1995. Section 319 of the MRCA outlines the process for determining claims for compensation for service injuries, diseases, or deaths on or after 1 July 2004, by referencing the Statements of Principles issued by the Authority.
The obligations and requirements imposed by this Act on the parties involved are primarily centred around the provision of sound medical-scientific evidence to substantiate claims of ascariasis or death from ascariasis in relation to particular kinds of military service. The Authority must determine whether the factors outlined in the Statement of Principles are present and connected to the service in question, which must be eligible war service, defence service, or peacetime service. The Authority is also required to consider any submissions received during the investigation phase, although in this case, no submissions were received. Additionally, the Authority must advertise its intention to investigate and circulate notices to relevant organisations and individuals who may provide expertise or submissions.
Under this legislation, breaches or non-compliance with the requirements for determining the Statement of Principles or the claims process can result in legal consequences. While specific offences and penalties are not detailed in the text, breaches of the provisions under the VEA and MRCA can typically result in civil or criminal penalties. The maximum penalties can vary depending on the nature and severity of the breach, and may include fines or imprisonment for serious violations. The precise penalties would be determined by the relevant courts when adjudicating on cases of non-compliance.