REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 9 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. 265 of 1995, determined under subsection 196B(2) of the VEA concerning chilblains and death from chilblains.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that chilblains and death from chilblains 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 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 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 chilblains or death from chilblains, 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. 9 of 2009 amends the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to update the Statement of Principles regarding chilblains and death from chilblains. This legislative instrument was enacted to address the need for a revised set of medical criteria that align with the most recent medical-scientific evidence, ensuring that veterans and their families receive appropriate compensation for service-related chilblains and related fatalities. The Authority, under subsection 196B(8) of the VEA, revoked the previous Instrument No. 265 of 1995, replacing it with the new Instrument No. 9 of 2009. This change aims to clarify and streamline the criteria for claims, ensuring they reflect current medical understanding. The new instrument is designed to assist the Military Rehabilitation and Compensation Commission in determining claims under section 319 of the MRCA for injuries, diseases, or deaths occurring on or after 1 July 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 9 of 2009, concerning chilblains, applies to veterans and current or former members of the Australian Defence Force who are making claims under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This Act establishes the criteria for determining whether a reasonable hypothesis exists that chilblains or death from chilblains are related to specific types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Authority's determination of these principles is intended to assist in the acceptance of liability for claims related to these conditions, effective from 1 July 2004. The instrument revokes the previous Instrument No. 265 of 1995 and incorporates updates to align with the latest format and terminology, while clarifying the jurisdictional scope for both the VEA and the MRCA. The Authority considered medical-scientific evidence and public submissions in making its determination, although no submissions were received for this particular investigation.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 265 of 1995 concerning chilblains, replacing it with Instrument No. 9 of 2009. This new instrument sets out a Statement of Principles that outlines the specific factors that must be present to establish a reasonable hypothesis linking chilblains or death from chilblains to service in the armed forces. The primary focus is on the types of service that must be considered, including operational, peacekeeping, hazardous, warlike, and non-warlike service under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument is effective for claims related to injuries, diseases, or deaths occurring on or after 1 July 2004, and it serves to replace the previous instrument that had been in effect since 1995. The changes to the new instrument include adopting a revised format, updating the definition of 'chilblains', introducing a new factor concerning diseases from a specified list and clinical worsening, and clarifying the format to reflect the commencement of the MRCA.
Under the new Statement of Principles, the Authority has outlined several obligations and requirements for parties seeking to establish a connection between chilblains or death from chilblains and their service. Claimants must demonstrate that the factors set out in the Statement of Principles are present and related to the specific types of service mentioned. This includes proving exposure to the relevant conditions and providing medical evidence that supports the claim. Additionally, the Authority has determined that the new instrument applies to both the VEA and the MRCA, ensuring that it is used consistently across both Acts. Claimants must also be aware of the date of effect for the Instrument, which is specified in clause 11.
Failure to comply with the provisions of the new Statement of Principles can result in serious consequences for those involved. While the explanatory notes do not specify particular offences or penalties, breaches of the legislative requirements under the VEA or the MRCA can lead to civil or criminal liability. For instance, providing false information or documentation in support of a claim can be considered fraud, which is a criminal offence under Australian law. Penalties for fraud can include substantial fines and imprisonment, depending on the severity of the offence. Additionally, any administrative or procedural errors in the claims process can lead to delays, denials, or other administrative penalties, as stipulated by the relevant Acts.
The new Instrument No. 9 of 2009 is a significant development in the handling of claims related to chilblains and death from chilblains, reflecting the latest medical-scientific evidence and aligning with the procedural changes brought about by the MRCA. It is essential for claimants and their representatives to be aware of these changes and to ensure that all claims are thoroughly substantiated with the necessary evidence and documentation. The Authority's decision to replace the outdated instrument with a new one underscores the importance of keeping the legislative framework up-to-date with current medical understanding and practices.