REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 11 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. 13 of 1998, determined under subsection 196B(2) of the VEA concerning cardiac myxoma and death from cardiac myxoma.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that cardiac myxoma and death from cardiac myxoma 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. 11 of 2009 concerning cardiac myxoma. 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 cardiac myxoma or death from cardiac myxoma, 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 cardiac myxoma 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 'cardiac myxoma' in clause 3;
- new factor 6(a) concerning 'heart transplant from a donor with cardiac myxoma';
- new definitions of 'death from cardiac myxoma', 'ICD-10-AM code', and 'terminal event' in clause 9;
- revising definition of 'relevant service' 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 cardiac myxoma 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 cardiac myxoma 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 Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 have been amended by the Repatriation Medical Authority Instrument No. 11 of 2009. This instrument addresses the gap in the existing legislative framework regarding the recognition and compensation for cardiac myxoma and death from cardiac myxoma in veterans, particularly those who may have been exposed to specific types of service. The Repatriation Medical Authority, established under the Veterans' Entitlements Act 1986, has determined a new Statement of Principles to replace the previously revoked Instrument No. 13 of 1998. This new instrument aims to provide clarity and recognition of the connection between cardiac myxoma, death from cardiac myxoma, and relevant service, ensuring that veterans and their families can access appropriate compensation and medical care.
Scope and Application
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has revoked Instrument No. 13 of 1998 and established Instrument No. 11 of 2009, a new Statement of Principles concerning cardiac myxoma, reflecting updated medical-scientific evidence. This instrument applies to veterans who have rendered operational, peacekeeping, hazardous, warlike, or non-warlike service and who may have sustained cardiac myxoma or death from cardiac myxoma as a result of their service. The Statement of Principles is designed to assist in the determination of claims for compensation under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), which governs claims for injuries or diseases incurred on or after 1 July 2004. The new instrument revises definitions, adopts a standardised format, and specifies its effective date, providing clear guidelines for the Authority in assessing the connection between cardiac myxoma, death from cardiac myxoma, and the service rendered by veterans. The Authority's decision is based on its evaluation of the available medical-scientific evidence and follows an investigation that was publicly notified and open to submissions, although none were received.
Key Provisions
The Repatriation Medical Authority (RMA), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 13 of 1998 concerning cardiac myxoma and death from cardiac myxoma. This revocation is pursuant to subsection 196B(2) of the VEA, and it is because the RMA found sufficient medical-scientific evidence that cardiac myxoma and death from this condition can be related to particular types of service. This evidence led to the determination of a new Statement of Principles, Instrument No. 11 of 2009, which replaces the previous instrument. This new instrument is designed to address the relationship between cardiac myxoma, death from cardiac myxoma, and specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service.
The obligations imposed by the new Instrument No. 11 of 2009 on the parties it governs, particularly veterans and service personnel, include the requirement to provide evidence that their service falls under one of the categories specified in the Statement of Principles. They must also demonstrate a reasonable hypothesis connecting their cardiac myxoma or death from cardiac myxoma with their service, as outlined in the new factors and definitions provided in the Instrument. For example, veterans must show that their cardiac myxoma was contracted or that they died from cardiac myxoma under the specified conditions of service. The Instrument also mandates that any claims for compensation for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004 be determined by the Military Rehabilitation and Compensation Commission, in accordance with the Military Rehabilitation and Compensation Act 2004.
Any breaches of the provisions in the new Instrument No. 11 of 2009 may lead to civil or criminal consequences. While the explanatory notes do not specify penalties, it is understood that providing false information or fraudulent claims could result in civil penalties such as fines or the recovery of wrongly paid benefits. Under the criminal law, serious misrepresentations might be prosecuted, potentially leading to imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as relevant statutory provisions outside the scope of these explanatory notes. The new Instrument aims to ensure that the process for determining compensation claims is fair and based on sound medical-scientific evidence, thus maintaining the integrity of the benefits system for veterans.