REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 18 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. 60 of 2001 determined under subsection 196B(3) of the VEA concerning bronchiectasis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that bronchiectasis and death from bronchiectasis 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. 18 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 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, bronchiectasis or death from bronchiectasis 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 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) & (k) concerning 'pneumonia';
- revising factors 6(b) & (l) concerning 'mycobacterial infection';
- revising factors 6(e) & (o) concerning 'toxic gases or fumes';
- revising factors 6(g) & (q) concerning 'aspiration pneumonitis';
- new definitions of 'aspiration pneumonitis' 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. 18 of 2009 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the relationship between bronchiectasis and specific military service circumstances. Enacted by the Repatriation Medical Authority under the authority vested in it by the Veterans’ Entitlements Act, the instrument aims to provide updated medical-scientific evidence concerning the connection between bronchiectasis and military service. The policy objective is to ensure that veterans and service personnel who have contracted bronchiectasis or died from it, as a result of their service, are appropriately compensated. This instrument replaces the previous Instrument No. 60 of 2001 and incorporates the latest medical-scientific evidence, clarifying the conditions under which bronchiectasis can be related to particular kinds of military service.
Scope and Application
The Repatriation Medical Authority Instrument No. 18 of 2009, which pertains to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, is directed towards individuals who have served in the Australian Defence Force and who are seeking compensation for service-related diseases, including bronchiectasis. The instrument applies to those who have rendered eligible war service, defence service, or peacetime service, and it serves to establish the connection between bronchiectasis and the circumstances of such service for the purpose of determining liability and compensation claims. The Authority’s determination of this new Statement of Principles replaces the previously revoked Instrument No. 60 of 2001, and it is applicable to claims for compensation that were commenced on or after 1 July 2004. The instrument outlines the factors that need to be present and related to specific service conditions to establish a connection with bronchiectasis. While the instrument applies nationally across Australia, it is administered through the Repatriation Medical Authority, which operates under the auspices of the Commonwealth government. The Authority’s decisions can be further elaborated upon or modified through subordinate instruments, but no exclusions, exemptions, or specific thresholds are mentioned in the provided text.
Key Provisions
The Repatriation Medical Authority, under section 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 60 of 2001 concerning bronchiectasis, as determined under section 196B(3) of the VEA. In its place, the Authority has issued Instrument No. 18 of 2009, a new Statement of Principles, as it is now more probable than not that bronchiectasis and death from bronchiectasis can be related to particular kinds of service based on the sound medical-scientific evidence available. This new instrument sets out the factors that must exist and be related to eligible war service, defence service, or peacetime service before it can be said that, on the balance of probabilities, bronchiectasis or death from bronchiectasis is connected with the circumstances of that service. The new Instrument follows a format similar to the revoked Instrument but includes several changes such as adopting the latest revised Instrument format, deleting the ICD code from the Instrument header, and revising various definitions and factors.
The obligations imposed by the Act on the parties or entities it governs include the Repatriation Medical Authority's responsibility to determine Statements of Principles concerning conditions like bronchiectasis, which are critical for veterans and service personnel to claim compensation for injuries sustained or diseases contracted during service. The Authority must undertake investigations and consider sound medical-scientific evidence to determine these Statements of Principles, ensuring that the evidence is up-to-date and reflects the latest understanding of the condition in question. The Authority is also required to advertise its intention to investigate in the Government Notices Gazette and invite submissions from relevant parties, including the Repatriation Commission and organisations representing veterans, service personnel, and their dependants. The Authority must consider any submissions received during the investigation when determining the Statement of Principles.
In terms of penalties and consequences, the Act does not specify any particular offences or penalties related to the breach of the provisions concerning the determination of Statements of Principles. However, the Authority's decisions can have significant implications for claimants, as the acceptance or rejection of a claim for compensation can depend on whether the conditions specified in the Statement of Principles are met. Claims for compensation for service injuries, diseases, or deaths 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 under the VEA. Therefore, the accuracy and relevance of the factors and definitions in the Statement of Principles are crucial in ensuring that claimants receive appropriate compensation.
In summary, the new Instrument No. 18 of 2009, issued by the Repatriation Medical Authority, replaces the revoked Instrument No. 60 of 2001 concerning bronchiectasis. It sets out the factors that must exist and be related to particular kinds of service for a connection to bronchiectasis or death from bronchiectasis to be established. The Authority is responsible for determining these Statements of Principles based on sound medical-scientific evidence, advertising its intention to investigate, and considering submissions from relevant parties. While the Act does not specify particular penalties for breaches of the provisions concerning the determination of Statements of Principles, the outcomes of these determinations are critical for claimants seeking compensation for service-related conditions.