REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 3 of 2008
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. 54 of 1994 determined under subsection 196B(2) of the VEA concerning cuts, stabs, abrasions or lacerations and death from cuts, stabs, abrasions or lacerations.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that and death from cut, stab, abrasion and laceration 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. 3 of 2008 concerning cut, stab, abrasion and laceration. 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 cut, stab, abrasion and laceration or death from cut, stab, abrasion and laceration, 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 cuts, stabs, abrasions or lacerations in accordance with section 196G of the Act. 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;
- new definition for 'cut, stab, abrasion and laceration' in clause 3;
- revising factor 6(a) concerning 'physical trauma';
- new definitions of 'death from cut, stab, abrasion and laceration'; 'relevant service' and 'terminal event' in clause 6;
- deleting definitions of 'abrasion', 'cut', 'laceration' and 'stab' in clause 6; and
- specifying a date of effect for the Instrument in clause 8.
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 cuts, stabs, abrasions or lacerations 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 cuts, stabs, abrasions or lacerations 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. 3 of 2008, enacted under the Veterans' Entitlements Act 1986, was introduced to address the need for updated medical-scientific evidence regarding the relationship between cuts, stabs, abrasions, lacerations, and deaths from such injuries, and military service. This legislation was enacted by the Repatriation Medical Authority, under the authority granted by the Australian Parliament, to ensure that the Statement of Principles accurately reflects current medical-scientific evidence. The policy objective is to provide clear and updated guidelines for assessing compensation claims related to these injuries, ensuring that veterans and their families receive fair and appropriate compensation based on the latest medical evidence. The new instrument replaces the previously revoked Instrument No. 54 of 1994, incorporating the latest medical-scientific evidence and aligning with the Military Rehabilitation and Compensation Act 2004, which governs claims for compensation for injuries and diseases sustained or contracted on or after 1 July 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 3 of 2008 applies to persons who have sustained or died from cuts, stabs, abrasions, or lacerations as a result of specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Instrument outlines the medical-scientific evidence required to establish a reasonable hypothesis connecting these injuries or deaths to the service circumstances, effectively replacing the previously revoked Instrument No. 54 of 1994. The Instrument's jurisdiction spans the Commonwealth of Australia, and it is applicable to claims for compensation concerning service injuries, diseases, or deaths occurring on or after 1 July 2004, as determined by the Military Rehabilitation and Compensation Commission. The Authority has ensured the instrument's format aligns with the latest standards and clarifies its application to both the VEA and the MRCA. Notably, no submissions were received during the investigation, which was publicly advertised in the Government Notices Gazette of 28 June 2006.
Key Provisions
The Repatriation Medical Authority (the Authority) under the Veterans' Entitlements Act 1986 (VEA) has revoked Instrument No. 54 of 1994 concerning cuts, stabs, abrasions, or lacerations and death from these injuries (s. 196B(8) VEA). This revocation was due to the availability of new medical-scientific evidence that links these injuries and fatalities to certain types of service (s. 196B(2) VEA). A new Statement of Principles, Instrument No. 3 of 2008, has been determined to replace the revoked instrument. This new instrument outlines the minimum factors that must exist, and which of those factors must be related to specific types of service, before it can be said that a reasonable hypothesis has been raised connecting the injuries or death with the circumstances of that service. These services include operational, peacekeeping, hazardous, warlike, and non-warlike service under the VEA and MRCA respectively.
The new Statement of Principles sets out the requirements that must be met to connect cuts, stabs, abrasions, or lacerations and death from these injuries with service rendered by a person. For a reasonable hypothesis to be raised, the factors must relate to the service in question. The Statement of Principles outlines the types of service that are relevant, including operational, peacekeeping, hazardous, warlike, and non-warlike service, under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This means that the injuries or death must be related to the service rendered for a claim to be considered under these Acts.
Under the VEA, claims for compensation for injuries sustained, diseases contracted, or deaths occurring 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 (s. 319 MRCA). This requirement applies to claims under the VEA and the MRCA. The Authority's determination of the Statement of Principles is crucial in assessing the connection between the injuries or death and the service rendered, and thus in determining the eligibility for compensation.
The Authority has imposed certain obligations on parties and entities governed by the VEA and MRCA. These include the requirement to provide evidence that links the injuries or death to the service rendered, in accordance with the factors outlined in the Statement of Principles. The Authority is also required to advertise its intention to undertake an investigation in the Government Notices Gazette and to invite submissions from relevant organisations and individuals. The Authority must consider any submissions received during the investigation process. In this case, no submissions were received for consideration.
The legislation does not explicitly state any specific offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the requirements of the VEA and MRCA, or to provide sufficient evidence linking the injuries or death to the service rendered, may result in a claim being denied. The Authority has the power to determine Statements of Principles and to revoke existing instruments when new evidence becomes available. The Authority's decisions are subject to review by the Administrative Appeals Tribunal, and parties dissatisfied with the Authority's decisions may seek judicial review in the Federal Court of Australia. The maximum penalties for offences under the VEA and MRCA are not specified in the legislation, but may be found in other relevant legislation or regulations.