REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 20 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. 134 of 1995 determined under subsection 196B(3) of the VEA concerning benign prostatic hypertrophy and death from benign prostatic hypertrophy.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 20 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 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, benign prostatic hyperplasia or death from benign prostatic hyperplasia 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 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 definitions of 'death from benign prostatic hyperplasia', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 6;
- deleting definition of 'ICD code'; and
- specifying a date of effect for the Instrument in clause 8.
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. 20 of 2008, enacted under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the issue of benign prostatic hyperplasia (BPH) and death from BPH in the context of military service. The Authority, established under the VEA, determined a new Statement of Principles to replace the previously revoked Instrument No. 134 of 1995 concerning benign prostatic hypertrophy. This new instrument reflects the latest medical-scientific evidence, which suggests a probable connection between BPH and certain types of military service. Claims for compensation related to BPH and death from BPH, for service on or after 1 July 2004, are now assessed by the Military Rehabilitation and Compensation Commission against the new Statement of Principles. The Authority advertised its intention to investigate and revise the Statement of Principles in the Government Notices Gazette of 28 June 2006, inviting submissions from relevant organisations and individuals, though no submissions were received. The finalisation of this instrument concludes the investigation into BPH as initially advertised.
Scope and Application
The Repatriation Medical Authority Instrument No. 20 of 2008, issued under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, revokes the previous Instrument No. 134 of 1995 concerning benign prostatic hypertrophy and death from benign prostatic hypertrophy. This new instrument, focusing on benign prostatic hyperplasia, applies to veterans and service personnel who may have contracted the condition as a result of their service. The Statement of Principles, which outlines the factors necessary to connect benign prostatic hyperplasia or death from benign prostatic hyperplasia to eligible war service, defence service, or peacetime service, is determined by the Authority and used by the Military Rehabilitation and Compensation Commission for compensation claims filed after 1 July 2004. The Instrument applies nationally and affects any veteran or service member who may have contracted benign prostatic hyperplasia due to their service under the specified Acts. No exclusions, exemptions, or thresholds are explicitly stated in the document, and the Authority's determination process involved an examination of current medical-scientific evidence.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 134 of 1995 concerning benign prostatic hypertrophy and death from benign prostatic hypertrophy (subsection 196B(8) of the Veterans’ Entitlements Act 1986). This revocation was based on the Authority's view that, with the current medical-scientific evidence, there is a more than likely connection between benign prostatic hyperplasia and specific types of military service. Consequently, the Authority has issued Instrument No. 20 of 2008, a Statement of Principles concerning benign prostatic hyperplasia, to replace the revoked instrument. This new instrument outlines the circumstances under which benign prostatic hyperplasia or death from benign prostatic hyperplasia can be linked to military service (subsection 196B(3) of the VEA).
The Statement of Principles, as set out in Instrument No. 20 of 2008, requires certain factors to exist and be related to specific types of service to determine a connection with benign prostatic hyperplasia or death from benign prostatic hyperplasia. These types of service include eligible war service (other than operational service) under the Veterans’ Entitlements Act 1986, defence service (other than hazardous service) under the same Act, and peacetime service under the Military Rehabilitation and Compensation Act 2004. The new instrument was developed following an investigation announced by the Authority in the Government Notices Gazette of 28 June 2006, which involved an examination of the latest medical-scientific evidence.
The obligations imposed by the Act include the requirement for the Authority to consider the latest medical-scientific evidence when determining the connection between benign prostatic hyperplasia or death from benign prostatic hyperplasia and military service. The Authority must also consult with relevant organisations and experts when undertaking investigations and issuing new Statements of Principles. Additionally, the Military Rehabilitation and Compensation Commission is responsible for determining claims for compensation in accordance with the new Statement of Principles issued by the Authority.
There are no specific offences, penalties, or consequences for breach outlined in the text. However, the Authority's determination of the Statement of Principles is a crucial step in the process of assessing claims for compensation related to benign prostatic hyperplasia or death from benign prostatic hyperplasia. Failure to adhere to the provisions of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 may result in disputes or legal challenges regarding the validity of claims for compensation. The maximum penalties for offences under these Acts are not specified in the text, but they may include fines or other penalties as determined by the relevant courts.