REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 17 of 2009
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. 59 of 2001 determined under subsection 196B(2) of the VEA concerning bronchiectasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that bronchiectasis and death from bronchiectasis 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. 17 of 2009 concerning bronchiectasis. 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 bronchiectasis or death from bronchiectasis, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 20 December 2006 concerning bronchiectasis 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 'bronchiectasis' in clause 3;
- revising factors 6(a) & (m) concerning 'pneumonia';
- revising factors 6(b) & (n) concerning 'mycobacterial infection';
- revising factors 6(e) & (q) concerning 'toxic gases or fumes';
- revising factors 6(g) & (s) concerning 'aspiration pneumonitis';
- new factors 6(h) & (t) concerning 'gastro-oesophageal reflux disease';
- new factors 6(l) & (w) concerning 'arsenic';
- new definitions of 'aspiration pneumonitis' and 'being exposed to arsenic as specified' in clause 9;
- revising definition of 'allergic bronchopulmonary aspergillosis', 'bronchial obstruction', 'inhaling toxic gases or fumes' and 'relevant service' in clause 9;
- deleting definition of 'acute respiratory distress', 'ICD-10-AM code' and 'sarcoidosis' ; 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 bronchiectasis in the Government Notices Gazette of 20 December 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. One submission was received for consideration by the Authority during the investigation.
9. The determining of this new instrument finalises the investigation in relation to bronchiectasis as advertised in the Government Notices Gazette of 20 December 2006.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 17 of 2009, enacted under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the problem of establishing a connection between bronchiectasis and certain military service circumstances. The Authority, acting under section 196B(2) of the VEA, has determined a new Statement of Principles concerning bronchiectasis, replacing the previously revoked Instrument No. 59 of 2001. This new instrument clarifies the minimum factors required to link bronchiectasis or death from bronchiectasis to specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Authority conducted an investigation, notified in the Government Notices Gazette of 20 December 2006, and incorporated the latest medical-scientific evidence to revise the criteria and definitions for conditions associated with bronchiectasis. The policy objective is to ensure that veterans and service personnel who have contracted bronchiectasis or experienced related deaths due to their service are appropriately compensated by referencing these updated Statements of Principles.
Scope and Application
The Repatriation Medical Authority Instrument No. 17 of 2009 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a new Statement of Principles concerning bronchiectasis, replacing the previously revoked Instrument No. 59 of 2001. This instrument applies to individuals who have sustained service injuries, contracted service diseases, or died from service-related causes on or after 1 July 2004, and it is determined by the Military Rehabilitation and Compensation Commission in accordance with the provisions of the Military Rehabilitation and Compensation Act 2004. The new Statement of Principles outlines the minimum factors that must exist to connect bronchiectasis or death from bronchiectasis with specific kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument details revised definitions and factors concerning various medical conditions and exposures, and it adopts the latest revised Instrument format. This instrument is applicable nationally within Australia and is not subject to any stated exclusions, exemptions, or thresholds. The Authority may extend or restrict the application of this instrument through subordinate instruments.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 17 of 2009, which amends the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), are those that revoke Instrument No. 59 of 2001 concerning bronchiectasis and establish a new Statement of Principles. Specifically, section 2 revokes the previous Instrument, while section 4 outlines the new Statement of Principles which set out the factors that must exist to establish a connection between bronchiectasis or death from bronchiectasis and certain types of service, such as operational, peacekeeping, hazardous, warlike, and non-warlike service. These factors are detailed in section 6, which lists various medical conditions and exposures that may be relevant, such as pneumonia, mycobacterial infection, and exposure to toxic gases or fumes.
The obligations and requirements imposed by this Act primarily concern the Repatriation Medical Authority's responsibility to review and determine Statements of Principles based on sound medical-scientific evidence. The Authority must ensure that the new Statement of Principles accurately reflects the latest evidence regarding the connection between bronchiectasis and the specified types of service. Additionally, the Authority is required to consult with relevant organisations and individuals, including veterans, service personnel, and experts in the field, and to consider any submissions received during the investigation process. The Authority must also ensure that the new Instrument is formatted according to the latest revised standards and includes all necessary definitions and revisions.
Any breach of the provisions outlined in this Act may result in civil or criminal consequences, although specific offences and penalties are not detailed in the explanatory notes. Generally, under Australian law, breaches of legislative instruments such as these could lead to fines or other penalties as prescribed by the relevant Acts. For instance, under the VEA, penalties for non-compliance or fraudulent claims can include fines and imprisonment. The maximum penalties would depend on the specific nature of the breach and would be determined in accordance with the provisions of the VEA and MRCA. It is important for parties governed by this Act to adhere to the obligations and requirements set out to avoid any potential legal repercussions.