REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 13 of 2012
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. 15 of 2001, determined under subsection 196B(2) of the VEA concerning dengue fever.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that dengue fever and death from dengue fever 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. 13 of 2012 concerning dengue fever. 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;
British nuclear test defence 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 dengue fever or death from dengue fever, with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 30 June 2010 concerning dengue fever 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 'dengue fever' in clause 3;
- revising factor 6(a) concerning 'being infected with dengue virus';
- revising factor 6(b) concerning 'dengue haemorrhagic fever';
- new definitions of 'being exposed to dengue virus' and 'dengue virus' in clause 9;
- revising definitions of 'dengue haemorrhagic fever', 'ICD-10-AM code' and 'relevant service' in clause 9;
- 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 dengue fever in the Government Notices Gazette of 30 June 2010, 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. This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny Act 2011).
10. The determining of this Instrument finalises the investigation in relation to dengue fever as advertised in the Government Notices Gazette of 30 June 2010.
11. 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 Repatriation Medical Authority Instrument No. 13 of 2012, enacted under the Veterans' Entitlements Act 1986, was introduced to address the issue of establishing a clear link between dengue fever, resulting in death, and specific types of military service. This legislative instrument revokes the previous Instrument No. 15 of 2001 concerning dengue fever, replacing it with a revised Statement of Principles that incorporates updated medical-scientific evidence. The Repatriation Medical Authority, acting under the authority granted by the Veterans' Entitlements Act, determined these principles to ensure that claims for compensation for dengue fever related to military service can be assessed effectively. This revision aligns with the policy objective of providing accurate and timely compensation to veterans and service personnel, reflecting the latest medical understanding of dengue fever and its connection to military service.
Scope and Application
The Repatriation Medical Authority Instrument No. 13 of 2012, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), pertains to the establishment of a Statement of Principles regarding dengue fever. This Instrument applies to individuals who have rendered various types of service, including operational, peacekeeping, hazardous, British nuclear test defence, warlike, and non-warlike service, as defined under the VEA and MRCA. It is applicable to claims for compensation for injuries, diseases, or deaths occurring on or after 1 July 2004, and is intended to replace the previously revoked Instrument No. 15 of 2001. The Instrument sets out the minimum factors that must exist, relating to the service rendered, to establish a reasonable hypothesis connecting dengue fever or death from dengue fever with the circumstances of that service. The Instrument's application extends nationally as it is determined by the Authority under the VEA and applies to claims processed under the MRCA. There are no specified exclusions, exemptions, or thresholds within the Instrument itself, though its application is contingent on the criteria outlined in the Statement of Principles. Subordinate instruments may further extend or restrict its application, aligning with the evolving understanding of medical-scientific evidence concerning dengue fever.
Key Provisions
The main operative sections of this legislation (referred to as Instrument No. 13 of 2012) are primarily concerned with the replacement of a previous Statement of Principles concerning dengue fever (section 2), which was revoked by the Repatriation Medical Authority (the Authority) under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). This new instrument sets out a Statement of Principles, detailing the minimum factors that must exist to establish a reasonable hypothesis connecting dengue fever or death from dengue fever with service rendered by a person. This includes operational, peacekeeping, hazardous, and other specific types of service under the VEA and Military Rehabilitation and Compensation Act 2004 (MRCA) (section 4). The instrument also outlines the process of investigation and determination, including the advertisement of the investigation and invitation for submissions (section 8), and the compatibility with human rights (section 9). The determination of this instrument effectively finalises the investigation concerning dengue fever (section 10), and specifies a date of effect for the instrument (section 11).
The obligations and requirements imposed by this Act are primarily on the Authority, which must determine a Statement of Principles based on sound medical-scientific evidence, taking into account the factors listed in section 4. The Authority must also advertise its intention to investigate, circulate notices to relevant organisations, and invite submissions from specified entities and individuals with expertise in the field (section 8). The Authority must ensure that the Statement of Principles is compatible with human rights as recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny Act 2011) (section 9).
In terms of consequences for breach, the legislation does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the requirements outlined. However, the determination of the Statement of Principles by the Authority has implications for veterans and service personnel seeking compensation for service-related dengue fever or death from dengue fever. Failure to meet the criteria set out in the Statement of Principles could result in the denial of compensation claims under sections 319 of the MRCA and the VEA. The maximum penalties for any related offences would be determined by the relevant legislation governing compensation claims, rather than this specific instrument.