REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 7 of 2011
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. 19 of 1996, determined under subsection 196B(2) of the VEA concerning conductive hearing loss.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that conductive hearing loss and death from conductive hearing loss 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. 7 of 2011 concerning conductive hearing loss. 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 conductive hearing loss or death from conductive hearing loss, with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning conductive hearing loss 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 this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, 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 'conductive hearing loss' in clause 3;
- revising factors 6(a) & 6(i) concerning 'otosclerosis';
- revising factors 6(b) & 6(j) concerning 'Paget's disease of bone';
- revising factors 6(c) & 6(k) concerning 'otitic barotrauma or acoustic trauma';
- revising factors 6(d) & 6(l) concerning 'structural injury or physiological disruption to the conductive hearing apparatus or surrounding bone';
- revising factors 6(e) & 6(m) concerning 'permanent obstruction of the external auditory canal';
- revising factors 6(f) & 6(n) concerning 'chronic otitis media';
- new factors 6(g) & 6(o) concerning 'rheumatoid arthritis';
- new factors 6(h) & 6(p) concerning 'a course of therapeutic radiation';
- new definitions of 'a course of therapeutic radiation', 'air-bone gap', 'chronic otitis externa', 'conductive hearing apparatus', 'death from conductive hearing loss', 'exostosis', 'obstruction of the external auditory canal' and 'terminal event' in clause 9;
- revising definitions of 'acoustic trauma', 'chronic otitis media', 'granuloma' and 'relevant service' in clause 9;
- deleting definitions of 'ICD code', 'middle ear', 'obstruction of the auditory canal', 'otitic barotrauma', 'otosclerosis', 'Paget's disease of bone', 'penetrating injury to the middle ear' and 'significant head injury'; 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 conductive hearing loss in the Government Notices Gazette of 25 June 2008, 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 Instrument finalises the investigation in relation to conductive hearing loss as advertised in the Government Notices Gazette of 25 June 2008.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Veterans' Entitlements Act 1986 was enacted to provide for the medical, hospital, and other benefits to veterans and their dependants. The Military Rehabilitation and Compensation Act 2004 was introduced to streamline and modernise the compensation and rehabilitation services for members of the Australian Defence Force. The Repatriation Medical Authority Instrument No. 7 of 2011, concerning conductive hearing loss, was developed under the authority of the Veterans' Entitlements Act 1986 to address the issue of conductive hearing loss and death from such conditions related to specific military services. The Instrument sets out the minimum factors necessary to establish a connection between conductive hearing loss or death from conductive hearing loss and certain types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike services. This legislative instrument was determined by the Repatriation Medical Authority following an investigation into the medical-scientific evidence regarding conductive hearing loss and was finalised to replace a previous revoked statement of principles. The policy objective is to ensure that veterans and their dependants receive appropriate recognition and compensation for service-related medical conditions, including conductive hearing loss.
Scope and Application
The Repatriation Medical Authority Instrument No. 7 of 2011, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, outlines the Statement of Principles for claims concerning conductive hearing loss. This Instrument applies to veterans and service personnel who sustained a service injury, contracted a service disease, or died from service-related causes on or after 1 July 2004, as well as those whose service falls under operational, peacekeeping, hazardous, warlike, or non-warlike categories as defined by the respective Acts. The Instrument sets forth the medical-scientific evidence and specific conditions that must exist to establish a connection between conductive hearing loss or death from conductive hearing loss and the circumstances of the service rendered. Notably, this Instrument replaces the previous Instrument No. 19 of 1996 and adopts a revised format that aligns with the commencement of the Military Rehabilitation and Compensation Act 2004. Claims for compensation under this Instrument are determined by the Military Rehabilitation and Compensation Commission, using the Statement of Principles issued by the Authority. The Instrument also incorporates recent medical evidence and updates definitions and factors related to various conditions and injuries, ensuring that the legislative framework remains current and comprehensive.
Key Provisions
The Repatriation Medical Authority (RMA) has issued Instrument No. 7 of 2011, revoking Instrument No. 19 of 1996, to address the connection between conductive hearing loss and military service. This Instrument establishes a Statement of Principles (section 4) concerning conductive hearing loss, which is applicable to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. These principles set out the minimum factors that must exist and be related to the service in question to establish a connection between conductive hearing loss or death from conductive hearing loss and the service circumstances.
Under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), the RMA's Statement of Principles (section 4) serves as a crucial guideline for determining claims for compensation related to service injuries, diseases, or deaths. The RMA's authority to issue these principles is derived from section 196B of the VEA and section 196B(3A) of the VEA, as well as section 196G of the VEA, which mandates an investigation into specific conditions, such as conductive hearing loss. The RMA must consider sound medical-scientific evidence when determining these principles, as seen in its investigation into conductive hearing loss, which was advertised in the Government Notices Gazette of 25 June 2008.
The RMA is obligated to revise its determinations in light of new evidence and to consult relevant parties, including veterans, service personnel, their dependants, and other organisations and experts in the field. In this instance, no submissions were received during the investigation into conductive hearing loss, but the RMA's decision to revoke and replace the previous Instrument indicates its commitment to keeping its guidelines up-to-date and evidence-based. The new Instrument also reflects the latest revised format and incorporates changes to definitions and factors related to conductive hearing loss, ensuring that it remains relevant and accurate.
Breach of the provisions outlined in the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 may result in legal consequences. While the explanatory notes do not explicitly outline the penalties for non-compliance, it is important to note that these Acts are governed by the broader legal framework of Australian legislation. Penalties for non-compliance can vary depending on the specific breach and the relevant legislation. In general, penalties for offences under these Acts may include fines, imprisonment, or both, with the exact penalties determined by the severity of the offence and the discretion of the court.
The Repatriation Medical Authority is responsible for ensuring that the provisions of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 are followed. In cases where an individual or entity fails to comply with the requirements of these Acts, the RMA may initiate legal proceedings to enforce compliance or seek appropriate remedies. It is essential for all parties involved in the claims process to be aware of their obligations under these Acts and to ensure that they adhere to the guidelines and principles established by the RMA.