REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 113 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. 7 of 1995 determined under subsection 196B(2) of the VEA concerning clonorchiasis and death from clonorchiasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that clonorchiasis and death from clonorchiasis 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. 113 of 2007 concerning clonorchiasis. 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 clonorchiasis or death from clonorchiasis, 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 clonorchiasis 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 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 clonorchiasis' in clause 3;
- revising factor 6(a) concerning 'ingesting the skin or flesh of fish';
- new definitions of 'death from 'clonorchiasis'; 'ICD-10-AM code'; 'one of the specified areas'; 'relevant service' and 'terminal event' in clause 9;
- deleting definitions of 'areas that were endemic for the trematode Clonorchis sinensis' and '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 clonorchiasis 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 clonorchiasis 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. 113 of 2007, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), revokes Instrument No. 7 of 1995 concerning clonorchiasis. This legislation was enacted to address the problem of veterans contracting clonorchiasis and dying from it, which can be related to specific kinds of service. The Authority determined a new Statement of Principles, which outlines the minimum factors that must exist, and which of those factors must be related to certain types of service, before it can be said that a reasonable hypothesis has been raised connecting clonorchiasis or death from clonorchiasis with the circumstances of that service. This new instrument replaces the previous one and takes into account the latest medical-scientific evidence, the commencement of the MRCA, and the revised Instrument format. The Authority advertised its intention to investigate and invited submissions from relevant parties, though no submissions were received.
Scope and Application
The Repatriation Medical Authority Instrument No. 113 of 2007 concerns the establishment of a new Statement of Principles regarding clonorchiasis under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument applies to veterans and service personnel who have contracted clonorchiasis or died from the disease during or as a result of specified service types, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument replaces the previously revoked Instrument No. 7 of 1995. Claims for compensation relating to these conditions, initiated on or after 1 July 2004, will be assessed by the Military Rehabilitation and Compensation Commission, referencing the new Statement of Principles. The Authority, in determining this instrument, has considered sound medical-scientific evidence and has made several changes to the instrument's format and definitions, without receiving any submissions during the investigation process.
Key Provisions
The Repatriation Medical Authority (RMA) has revoked Instrument No. 7 of 1995 under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) concerning clonorchiasis and death from clonorchiasis, replacing it with Instrument No. 113 of 2007 (subsection 196B(2) of the VEA). This new instrument is based on sound medical-scientific evidence indicating that clonorchiasis and death from clonorchiasis can be linked to certain types of military service. The new Instrument No. 113 of 2007 outlines the factors that must be present, and their relation to various service types, to establish a reasonable hypothesis connecting clonorchiasis or death from clonorchiasis with service circumstances. These service types include operational, peacekeeping, hazardous, warlike, and non-warlike service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The new instrument sets out a Statement of Principles, which the Military Rehabilitation and Compensation Commission will use to determine claims for compensation for injuries, diseases, or deaths occurring on or after 1 July 2004, under section 319 of the MRCA. The RMA's investigation into clonorchiasis, which led to the creation of this new instrument, was notified in the Government Notices Gazette of 28 June 2006, and involved a thorough examination of the latest medical-scientific evidence. The new instrument incorporates changes such as the adoption of the latest revised instrument format, the revision of the definition of clonorchiasis, and the inclusion of new definitions for terms such as 'death from clonorchiasis', 'ICD-10-AM code', 'one of the specified areas', 'relevant service', and 'terminal event'. The Authority also deleted certain definitions and specified an effective date for the instrument.
The obligations imposed by the new instrument include the requirement for the RMA to ensure that any claims for compensation related to clonorchiasis or death from clonorchiasis must be assessed against the factors and service types outlined in the Statement of Principles. The RMA must also ensure that the new instrument is applied consistently and fairly in all relevant cases. The Military Rehabilitation and Compensation Commission is obligated to use the new instrument in determining claims for compensation, ensuring that all claims are assessed against the criteria set out in the Statement of Principles.
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breach of the provisions of this instrument. However, failure to comply with the requirements of the new instrument could potentially lead to legal challenges or disputes regarding the validity of claims for compensation. The consequences of such disputes would depend on the specific circumstances of each case, including the interpretation of the Statement of Principles and the evidence presented. The maximum penalties, if any, would be determined by the courts in the context of these disputes.