REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 10 of 2005
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. 68 of 2001 of 12 September 2001, determined under subsection 196B(3) of the VEA concerning chronic lymphoid leukaemia and death from chronic lymphoid leukaemia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that chronic lymphoid leukaemia and death from chronic lymphoid leukaemia 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 2005 concerning chronic lymphoid leukaemia. 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, chronic lymphoid leukaemia or death from chronic lymphoid leukaemia is connected with the circumstances of that service.
5. This new instrument results from investigations notified in the Government Notices Gazettes of 16 July 2003, 17 December 2003 and 14 July 2004 concerning chronic lymphoid leukaemia by the Authority in accordance with section 196G of the VEA. The investigation notified in the Gazette of 16 July 2003 was undertaken following a request under section 196E of the VEA, from an eligible person, to review the contents of the Statement of Principles. The investigation notified in the Gazette of 17 December 2003 under section 196B(7) of the VEA was advertised in terms of the recommendation of the Specialist Medical Review Council as set out in the Declaration No. 10 dated 25 September 2003, concerning Statement of Principles Instrument No.68 of 2001 for chronic lymphoid leukaemia.
6. The Authority advised in its notice in the Gazette of 17 December 2003 that each of the above investigations would be undertaken in conjunction with the original investigation notified in the Gazette of 16 July 2003. Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to each of the above mentioned investigations until 10 September 2004.
7. The investigations involved an examination of the sound medical-scientific evidence now available to the Authority, including the sound medical-scientific evidence it has previously considered.
8. 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 2003;
- deleting the ICD code from the Instrument header;
- changing the definition of ‘chronic lymphoid leukaemia’ in clause 2;
- revising the definition of ‘ICD-10-AM code’ and ‘relevant service’ in clause 8;
- including a new definition of ‘adult T-cell chronic lymphoid leukaemia’ in clause 8; and
- specifying a date of effect for the Instrument in clause 10.
9. Further changes to the format and wording 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.
10. The Instrument incorporates by reference The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Fourth Edition, effective date of 1 July 2004, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 594 1. This publication is available for purchase from the National Centre for Classification in Health, The University of Sydney, PO Box 170, Lidcombe NSW 1825.
11. Prior to determining this instrument, the Authority advertised its intention to undertake various investigations in relation to chronic lymphoid leukaemia in the Government Notices Gazettes of 16 July 2003, 17 December 2003 and 14 July 2004, and circulated a copy of the notices to organisations representing veterans, service personnel and their dependants. The Authority invited submissions from the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), and any person having expertise in the field. Four submissions were received and considered by the Authority during the investigation.
12. The determining of this new instrument finalises the investigations in relation to chronic lymphoid leukaemia as advertised in the Government Notices Gazettes of 16 July 2003 and 17 December 2003.
13. A list of references relating to the above condition is available, on written request, from the Repatriation Medical Authority Secretariat.