REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 19 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. 133 of 1995 determined under subsection 196B(2) of the VEA concerning benign prostatic hypertrophy and death from benign prostatic hypertrophy.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that benign prostatic hyperplasia and death from benign prostatic hyperplasia 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. 19 of 2008 concerning benign prostatic hyperplasia. 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 benign prostatic hyperplasia or death from benign prostatic hyperplasia, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 28 June 2006 concerning benign prostatic hypertrophy 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:
- renaming the Statement of Principles 'benign prostatic hyperplasia' which was previously known as 'benign prostatic hypertrophy';
- adopting the latest revised Instrument format, which commenced in 2005;
- deleting the ICD code from the Instrument header;
- new definition of 'benign prostatic hyperplasia' in clause 3 in lieu of the definition for 'benign prostatic hypertrophy';
- new factors 6(a) & 6(b) concerning 'physical activity';
- new definitions of 'death from benign prostatic hyperplasia', 'ICD-10-AM code', 'MET', 'relevant service' and 'terminal event' in clause 9;
- deleting definition of 'ICD code'; 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 benign prostatic hypertrophy in the Government Notices Gazette of 28 June 2006, 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 benign prostatic hypertrophy as advertised in the Government Notices Gazette of 28 June 2006.
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. 19 of 2008, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of benign prostatic hyperplasia (BPH) and its relation to military service. This instrument revokes the previous Instrument No. 133 of 1995 concerning benign prostatic hypertrophy, replacing it with a new Statement of Principles. The Authority, acting under subsection 196B(2) of the VEA, determined this new instrument based on sound medical-scientific evidence that links BPH to specific types of military service. The new instrument provides detailed criteria for determining the connection between BPH and service, affecting compensation claims for service injuries, diseases, or deaths occurring after 1 July 2004, as per the MRCA. This change follows an investigation into BPH, which was publicly announced in the Government Notices Gazette on 28 June 2006.
Scope and Application
The Repatriation Medical Authority Instrument No. 19 of 2008 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 provides a revised Statement of Principles concerning benign prostatic hyperplasia, replacing the previously revoked Instrument No. 133 of 1995. This new instrument applies to veterans and service personnel who have rendered specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, as defined by the Acts. It establishes the minimum conditions that must exist to connect benign prostatic hyperplasia or death from benign prostatic hyperplasia with the circumstances of service. The instrument, which took effect on a specified date, is applicable to claims for compensation that commenced on or after 1 July 2004, as determined by the Military Rehabilitation and Compensation Commission. The Authority, through this instrument, ensures that compensation claims are assessed in light of the latest medical-scientific evidence. Notably, this instrument does not include any exemptions or exclusions, and its application is not extended or restricted by any subordinate instruments.
Key Provisions
The main operative sections of the legislation are found in subsection 196B(2) of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). Section 196B(2) of the VEA allows the Repatriation Medical Authority (the Authority) to determine a Statement of Principles concerning conditions related to military service, such as benign prostatic hyperplasia (BPH). This particular legislation revokes Instrument No. 133 of 1995, which dealt with benign prostatic hypertrophy, and replaces it with Instrument No. 19 of 2008, detailing the new Statement of Principles. Claims for compensation concerning injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, are governed by the provisions of the MRCA and must be evaluated by the Military Rehabilitation and Compensation Commission. This Commission uses the Statements of Principles issued by the Authority to determine acceptance of liability for service-related injuries or diseases.
The obligations and requirements imposed by this Act primarily involve the Repatriation Medical Authority and the Military Rehabilitation and Compensation Commission. The Authority must ensure that there is sufficient medical-scientific evidence to link conditions like BPH to specific types of military service, as outlined in the Statement of Principles. The Authority is also required to advertise its intention to investigate such conditions and invite submissions from relevant organisations and experts. The Commission, on the other hand, must use the Statements of Principles to assess claims for compensation. This involves ensuring that the claimants meet the criteria set out in the Statement of Principles, specifically that the condition in question is reasonably hypothesised to be related to their service.
The legislation does not explicitly detail specific offences, penalties, or consequences for breach within the provided text. However, it is reasonable to infer that failure to comply with the requirements of the Statement of Principles or the procedures for determining claims could lead to legal challenges or disputes concerning the validity of compensation claims. Given the context of the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act, breaches may also result in administrative or legal actions taken against the Authority or the Commission for not adhering to the legislative mandates. The precise nature and severity of these consequences would likely be determined by the specific circumstances and any relevant case law or regulations.