REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 9 of 2007
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. 51 of 1995 of 20 February 1995, determined under subsection 196B(2) of the VEA concerning Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease 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. 9 of 2007 concerning Charcot-Marie-Tooth disease. This Instrument will in effect replace the revoked Statements 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 Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 15 June 2005 concerning Charcot-Marie-Tooth disease in accordance with section 196G of the Act. 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 Instruments. 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 'Charcot-Marie-Tooth disease' in clause 3;
- deleting the definition of 'ICD code';
- including new definitions of 'death from Charcot-Marie-Tooth disease'; 'ICD-10-AM code', 'relevant service'; and 'terminal event', in clause 6; 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 Charcot-Marie-Tooth disease in the Government Notices Gazette of 15 June 2005, 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 Charcot-Marie-Tooth disease as advertised in the Government Notices Gazette of 15 June 2005.
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. 9 of 2007, enacted under subsection 196B(8) of the Veterans' Entitlements Act 1986, revokes the previous Instrument No. 51 of 1995 concerning Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease. This legislative instrument addresses the need to update the medical evidence and principles regarding the relationship between specific military services and Charcot-Marie-Tooth disease. The Authority determined the new Statement of Principles based on recent medical-scientific evidence, aiming to provide clarity and updated guidelines for the evaluation of claims related to this condition. The enactment by the Repatriation Medical Authority reflects a policy objective to ensure that veterans' compensation claims are assessed in accordance with the most current medical understanding.
Scope and Application
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, has issued Instrument No. 9 of 2007 concerning Charcot-Marie-Tooth disease, replacing the previously revoked Instrument No. 51 of 1995. This instrument applies to claims for compensation for Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease that are related to specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. This determination allows for the acceptance of liability for claims of service injury, disease, or death occurring on or after 1 July 2004, to be assessed by the Military Rehabilitation and Compensation Commission based on the new Statement of Principles. The instrument details the conditions and circumstances that must exist for a reasonable hypothesis to connect Charcot-Marie-Tooth disease or death from the disease with the service rendered, following a comprehensive review of available medical-scientific evidence. The Authority considered this instrument following an investigation and public notice in the Government Notices Gazette of 15 June 2005, and it is applicable to the Commonwealth jurisdiction, with no exclusions or exemptions specified in the instrument itself, though subordinate instruments may provide further clarification.
Key Provisions
The Repatriation Medical Authority, under the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 51 of 1995 concerning Charcot-Marie-Tooth disease and death from Charcot-Marie-Tooth disease. The Authority has introduced a new Instrument No. 9 of 2007, which replaces the revoked instrument. This new instrument sets out the Statement of Principles concerning Charcot-Marie-Tooth disease, indicating that there is sound medical-scientific evidence linking the disease with particular kinds of service. These services include operational, peacekeeping, and hazardous service under the VEA, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). The new Instrument specifies the factors that must exist to establish a connection between Charcot-Marie-Tooth disease or death from Charcot-Marie-Tooth disease and the service rendered.
The Act imposes obligations on the Repatriation Medical Authority to conduct investigations into conditions such as Charcot-Marie-Tooth disease, to review and revise Statements of Principles as necessary, and to ensure that these statements are based on the latest available sound medical-scientific evidence. The Authority is also required to provide an opportunity for public consultation by advertising its intention to investigate in the Government Notices Gazette and inviting submissions from relevant organisations and individuals. The Authority must determine the Statement of Principles for the purposes of both the VEA and the MRCA, as indicated in subsection 196B(3A) of the VEA.
The Act does not explicitly detail offences, penalties, or civil/criminal consequences for breaches in relation to the determination of Statements of Principles. However, the Authority’s role in ensuring that these statements are based on sound medical-scientific evidence and that they are determined in accordance with the statutory requirements underscores the importance of compliance. Failure to adhere to these requirements could potentially lead to legal challenges or disputes regarding the validity of the Statements of Principles, which could affect the outcomes of compensation claims under the VEA and the MRCA.