REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 114 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. 8 of 1995 determined under subsection 196B(3) of the VEA concerning clonorchiasis and death from clonorchiasis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that clonorchiasis and death from clonorchiasis 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. 114 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 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, clonorchiasis or death from clonorchiasis 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 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. 114 of 2007 amends and replaces Instrument No. 8 of 1995, which concerned clonorchiasis and death from clonorchiasis. This legislative instrument was enacted under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The aim of this revision was to address the gap in the understanding of the relationship between clonorchiasis, a disease caused by the liver fluke Clonorchis sinensis, and military service. The Authority determined that, based on available medical-scientific evidence, there is a probable connection between clonorchiasis, death from clonorchiasis, and certain types of military service. This determination is intended to facilitate claims for compensation by veterans who have contracted the disease or died from it as a result of their service. The Authority, acting under the authority vested in it by the Parliament, has issued a new Statement of Principles to clarify the factors that must exist to establish a connection between the disease and service, thereby aiding in the processing of compensation claims under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority (RMA) under the Veterans’ Entitlements Act 1986 (VEA) has revoked Instrument No. 8 of 1995 concerning clonorchiasis and death from clonorchiasis, replacing it with Instrument No. 114 of 2007. This new instrument outlines the Statement of Principles that must be satisfied to establish a connection between clonorchiasis or death from clonorchiasis and particular kinds of service, including eligible war service, defence service, and peacetime service. The instrument applies to veterans and service personnel who have contracted the disease or died from it, with the conditions for acceptance of liability now determined by the Military Rehabilitation and Compensation Commission under the Military Rehabilitation and Compensation Act 2004. This new instrument reflects the latest medical-scientific evidence and format changes, clarifying its application under both the VEA and the MRCA. The Authority has also removed certain definitions and specifications to streamline the document, while maintaining the essential criteria for determining eligibility.
Key Provisions
The Repatriation Medical Authority (the Authority) under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) has revoked Instrument No. 8 of 1995 concerning clonorchiasis and death from clonorchiasis. This revocation is to replace it with a new Statement of Principles, Instrument No. 114 of 2007, concerning clonorchiasis. This new instrument outlines the medical-scientific evidence that links clonorchiasis and death from clonorchiasis to particular kinds of service. The Statement of Principles sets out the specific factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that, on the balance of probabilities, clonorchiasis or death from clonorchiasis is connected with the circumstances of that service.
The obligations and requirements imposed by this new Instrument are primarily on the Repatriation Medical Authority, which must determine Statements of Principles in accordance with subsection 196B(3) of the VEA. This includes conducting investigations and examining sound medical-scientific evidence. The Authority must also advertise its intention to undertake an investigation and invite submissions from relevant parties. In this case, the Authority advertised its intention to investigate in the Government Notices Gazette of 28 June 2006 and invited submissions from various organisations and individuals, although no submissions were received. The Authority must determine the Statement of Principles for the purposes of both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA), as per subsection 196B(3A) of the VEA.
In terms of legal consequences, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the provisions in this instrument. However, non-compliance with the obligations and requirements imposed on the Authority could potentially lead to legal challenges or disputes regarding the validity of the Statement of Principles. The focus of this instrument is more on the determination of medical-scientific evidence and the establishment of a clear link between service and the condition of clonorchiasis or death from clonorchiasis. The maximum penalties, if any, would likely be determined by the broader legislative framework of the VEA and MRCA, rather than this specific instrument.