REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 12 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. 14 of 1998, determined under subsection 196B(3) of the VEA concerning cardiac myxoma and death from cardiac myxoma.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 12 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 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, cardiac myxoma or death from cardiac myxoma 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 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 Repatriation Medical Authority Instrument No. 12 of 2009, under the Veterans’ Entitlements Act 1986, addresses the medical condition of cardiac myxoma and death resulting from this condition, considering its potential link to particular kinds of military service. The Authority determined that, based on the available medical-scientific evidence, there is a probable connection between cardiac myxoma, death from cardiac myxoma, and certain types of service, thereby replacing the previously revoked Instrument No. 14 of 1998 with this new Statement of Principles. This new instrument aligns with the Military Rehabilitation and Compensation Act 2004, clarifying the criteria for determining claims for compensation related to cardiac myxoma and death from cardiac myxoma, effective from 1 July 2004. The instrument sets out specific factors and conditions that must be met to establish a connection between the condition and relevant service under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority Instrument No. 12 of 2009, made under the Veterans’ Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning cardiac myxoma, replacing the previous Instrument No. 14 of 1998. This instrument applies to individuals who have rendered eligible war service, defence service, or peacetime service, as defined by the respective acts, and who may have contracted cardiac myxoma or died from it as a result of their service. The Authority's determination is based on sound medical-scientific evidence, which suggests a probable connection between these conditions and certain types of service. The instrument outlines the specific factors that must exist for a connection to be established, and it applies nationally across Australia. The Authority undertook an investigation and invited submissions from relevant organisations and experts, though none were received. This new instrument will be used by the Military Rehabilitation and Compensation Commission to assess claims for compensation for injuries or diseases, including cardiac myxoma, that commenced on or after 1 July 2004.
Key Provisions
The Repatriation Medical Authority has determined Instrument No. 12 of 2009, which supersedes Instrument No. 14 of 1998 under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) concerning cardiac myxoma and death from cardiac myxoma. This determination, as stated in subsection 196B(3) of the VEA, is based on the medical-scientific evidence indicating a probable connection between cardiac myxoma, death from cardiac myxoma, and certain types of service. The new instrument establishes a Statement of Principles that outlines the specific conditions that must be met for a claim to be accepted. These conditions must involve eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service, as defined in the relevant Acts.
The new instrument imposes several obligations on the parties involved. Firstly, claims for compensation for injuries, diseases, or deaths occurring on or after 1 July 2004 must adhere to the provisions of the Military Rehabilitation and Compensation Act 2004 (MRCA). These claims must be assessed by the Military Rehabilitation and Compensation Commission, which relies on the Statements of Principles issued by the Authority under the VEA. The Authority is responsible for determining these Statements of Principles based on sound medical-scientific evidence, ensuring that all relevant factors are considered in the assessment process. The Authority also engages with a broad range of stakeholders, including veterans, service personnel, their dependants, and experts in the field, to gather comprehensive input and ensure the accuracy and fairness of the determinations.
Any breaches of the provisions outlined in the new instrument may lead to civil or criminal consequences. While the explanatory notes do not specify exact penalties, breaches under the VEA and MRCA typically involve fines and potential imprisonment, depending on the severity of the offence. The specific penalties are outlined in the respective Acts and may vary based on the nature of the breach. Compliance with the Statement of Principles is crucial for claimants to ensure their claims are valid and eligible for compensation. Failure to meet the criteria set forth in the Statement of Principles may result in the denial of compensation claims, underscoring the importance of adherence to the legislative requirements.
The Authority’s determination of Instrument No. 12 of 2009 reflects a thorough investigation into the medical-scientific evidence related to cardiac myxoma. This investigation, which was advertised in the Government Notices Gazette on 28 June 2006, involved examining the latest available evidence and soliciting submissions from relevant organisations and experts. Despite the invitation for submissions, none were received, indicating a reliance on the existing evidence base for the determination. The finalisation of this instrument marks the conclusion of the investigation, ensuring that the criteria for claims related to cardiac myxoma are clearly defined and accessible to all stakeholders. This process underscores the Authority’s commitment to evidence-based decision-making and the fair treatment of claimants.