REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 14 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. 16 of 2001, determined under subsection 196B(3) of the VEA concerning dengue fever.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 14 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 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 and British nuclear test defence service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, dengue fever or death from dengue fever is connected 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. 14 of 2012, concerning dengue fever, was enacted to address the problem of establishing a connection between dengue fever and certain kinds of military service. This legislative instrument revokes the previous Instrument No. 16 of 2001, reflecting updated medical-scientific evidence that suggests a probable link between dengue fever and specific types of military service. This revision aims to ensure that claims for compensation related to dengue fever, whether contracted or resulting in death, are assessed in line with the latest understanding of the disease's connection to service. The instrument is compatible with human rights and freedoms as recognised in international instruments, and the Repatriation Medical Authority followed due process by advertising its intention to investigate and inviting submissions, though none were received.
Scope and Application
The Repatriation Medical Authority Instrument No. 14 of 2012 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a new Statement of Principles concerning dengue fever, replacing the previous Instrument No. 16 of 2001. This Statement outlines the conditions under which a person who has served in eligible war service, defence service, or peacetime service may be considered to have contracted dengue fever or died from it as a result of their service. The Instrument applies to veterans and current or former members of the Australian Defence Force who have been exposed to dengue fever during their service, and it governs the process for making compensation claims for these conditions. This legislation extends its application nationally, with the Authority determining the eligibility for compensation under both the VEA and the MRCA, following the commencement of the MRCA on 1 July 2004. The Authority has ensured that the new Instrument adheres to human rights standards as recognised in international agreements, and it has finalised the investigation into dengue fever that was initiated in 2010. This process involved reviewing the latest medical-scientific evidence and updating the format and definitions to align with current legislative requirements.
Key Provisions
The Repatriation Medical Authority, exercising its powers under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 16 of 2001 concerning dengue fever and issued Instrument No. 14 of 2012. This new instrument sets out a Statement of Principles determining the connection between dengue fever, death from dengue fever, and particular kinds of service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority's decision was based on the sound medical-scientific evidence available, which indicates that it is more probable than not that dengue fever and death from dengue fever can be related to certain types of service (section 2). The Statement of Principles outlines the specific factors that must exist and be related to the service for there to be a connection with dengue fever or death from dengue fever (section 4). These factors pertain to eligible war service, defence service, and peacetime service as defined under the VEA and MRCA.
The Statement of Principles (section 4) imposes specific obligations on parties and entities governed by the VEA and MRCA. It mandates that claims for compensation under section 319 of the MRCA, concerning service injuries, diseases, or deaths occurring on or after 1 July 2004, be assessed by the Military Rehabilitation and Compensation Commission. This assessment must be based on the Statements of Principles issued by the Repatriation Medical Authority. For a claim to be successful, the claimant must demonstrate that the dengue fever or death from dengue fever is connected with the circumstances of the service, considering the outlined factors. This includes proving exposure to dengue virus and other relevant conditions specified in the Statement of Principles (section 4). The Authority's determination clarifies the circumstances under which such connections can be recognised and the types of service that qualify for consideration (section 5).
Failure to comply with the requirements set out in the Statement of Principles may lead to legal consequences. The Authority’s decision to revoke and replace the previous instrument (section 2) underscores the importance of adhering to the updated criteria. While the explanatory notes do not explicitly state penalties for non-compliance, the legal framework under the VEA and MRCA implies that improper claims or failure to provide necessary evidence could result in the denial of compensation or other civil and administrative consequences. The precise penalties are not detailed in the explanatory notes but would be governed by the respective acts and relevant regulations.
The Authority’s process for determining the Statement of Principles involved a thorough investigation, including the examination of all available sound medical-scientific evidence, and an opportunity for stakeholders to provide submissions (sections 5 and 9). The Authority advertised its intention to investigate in the Government Notices Gazette of 30 June 2010 and invited relevant parties to submit their views. However, no submissions were received for consideration. This thorough investigation and the Authority’s commitment to transparency and inclusivity in its decision-making process ensure that the Statement of Principles is well-founded and fair. The Authority’s determination process is designed to provide clarity and consistency in assessing claims related to dengue fever, ensuring that veterans and service personnel receive appropriate recognition and compensation for service-related conditions.