REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 10 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. 266 of 1995, determined under subsection 196B(3) of the VEA concerning chilblains and death from chilblains.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that chilblains and death from chilblains 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. 10 of 2009 concerning chilblains. 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, chilblains or death from chilblains 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 2 May 2007 concerning chilblains 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 'chilblains' in clause 3;
- revising factor 6(a) concerning 'exposing the affected part of the body to non-freezing temperatures';
- new factor 6(b) concerning 'a disease from the specified list' and clinical worsening;
- new definitions of 'a disease from the specified list', 'death from chilblains', 'ICD-10-AM code', 'relevant service', and 'terminal event' 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 chilblains in the Government Notices Gazette of 2 May 2007, 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 chilblains as advertised in the Government Notices Gazette of 2 May 2007.
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. 10 of 2009, enacted to address the issue of chilblains and death from chilblains in relation to service, revokes the 1995 Instrument concerning the same. The Authority, acting under the Veterans’ Entitlements Act 1986, has determined a new Statement of Principles based on available medical-scientific evidence, suggesting a probable link between chilblains and specific types of military service. This instrument supersedes the previous one and is designed to streamline the process for compensation claims under the Military Rehabilitation and Compensation Act 2004, aligning with the latest legislative framework. The Authority undertook an investigation and invited submissions from relevant organisations and individuals, although none were received. This new instrument, with updated definitions and a revised format, aims to provide a clear and effective framework for assessing claims related to chilblains, ensuring that eligible veterans can seek the necessary compensation and support.
Scope and Application
The Repatriation Medical Authority Instrument No. 10 of 2009, concerning chilblains, operates under the auspices of the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument applies to veterans and service personnel who may be suffering from chilblains or who have died from chilblains, linking such conditions to specific types of service, including eligible war service, defence service, and peacetime service. The determination of this Statement of Principles applies nationally, and it serves to replace the previously revoked Instrument No. 266 of 1995. The instrument outlines the medical-scientific criteria that must be met to establish a probable connection between chilblains or death from chilblains and the service rendered by the individual. Notably, the instrument has been updated to reflect the latest format and includes new factors and definitions to better accommodate the current medical understanding and legislative framework. The instrument does not explicitly state exclusions or exemptions, but the criteria specified within it provide the necessary parameters for eligibility. Further application and interpretation of this instrument may be extended through subordinate instruments, although such extensions are not detailed in the provided text.
Key Provisions
The Repatriation Medical Authority has enacted Instrument No. 10 of 2009 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to replace the revoked Instrument No. 266 of 1995, which previously dealt with chilblains and death from chilblains (s. 2). This new Instrument outlines a Statement of Principles that determines the conditions under which chilblains or death from chilblains can be considered related to specific types of military service (s. 4). The Instrument specifies that the factors required to establish a connection must be related to eligible war service (other than operational service), defence service (other than hazardous service), or peacetime service as defined by the VEA and MRCA (s. 4).
The obligations under this Act require the Repatriation Medical Authority to determine Statements of Principles based on sound medical-scientific evidence. The Authority is mandated to investigate and evaluate the evidence concerning the connection between chilblains or death from chilblains and military service, and to publicise its intention to investigate through the Government Notices Gazette (ss. 2, 5, 8). The Authority must also invite and consider submissions from relevant organisations and experts during the investigation process, although in this instance, no submissions were received (s. 8).
There are no explicit offences or penalties outlined in the text for breaching the provisions of this Instrument. However, the determination of the Statement of Principles is a formal process that has significant implications for veterans and service personnel seeking compensation for chilblains or death from chilblains. The Authority's decisions can impact the eligibility and acceptance of compensation claims under the MRCA, which are determined by the Military Rehabilitation and Compensation Commission with reference to these Statements of Principles (s. 3). The absence of penalties in the text suggests that the primary consequence of non-compliance with the Authority’s determinations would be the denial or rejection of compensation claims based on the established criteria.