Overview

The Repatriation Medical Authority Instrument No. 10 of 2008 amends the Statement of Principles concerning diabetes mellitus under the Veterans’ Entitlements Act 1986. This legislative instrument, enacted in 2008, addresses a gap in the existing Statement of Principles by removing specific factors related to rubella virus and Coxsackie B virus infections, which were previously considered in determining the likelihood of diabetes mellitus being related to military service. The Authority determined this instrument after an investigation initiated in 2007, during which no submissions were received. The primary objective of this amendment is to refine the criteria for assessing veterans' entitlements related to diabetes, ensuring that the assessment process remains medically accurate and relevant.

Scope and Application

The Repatriation Medical Authority Instrument No. 10 of 2008 amends Statement of Principles Instrument No. 12 of 2004 concerning diabetes mellitus under the Veterans’ Entitlements Act 1986. This legislative instrument applies to individuals who have served in the Australian Defence Force and their dependants who are seeking medical benefits and entitlements. The amendments made by this instrument specifically address the removal of certain factors related to infections with rubella virus or Coxsackie B virus as contributing to diabetes mellitus, and the subsequent deletion of these viruses’ definitions. The instrument’s reach is governed under the Commonwealth jurisdiction and is applicable nationwide. It does not explicitly state any exclusions or exemptions, but the changes are targeted specifically towards the medical conditions outlined. Any broader application or restrictions are managed through subordinate instruments as per the Legislative Instruments Act 2003, ensuring the legislative instrument's provisions are effectively implemented.

Key Provisions

The Repatriation Medical Authority Instrument No. 10 of 2008 amends Statement of Principles Instrument No. 12 of 2004 concerning diabetes mellitus under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). Specifically, it removes factors 5(a) and 5(u) which previously referenced "being infected with rubella virus or Coxsackie B virus" as contributing factors to the condition (section 2). Additionally, it eliminates the definitions of "rubella virus" and "Coxsackie B virus" from clause 8 of the Statement of Principles. The changes are effective from the date specified in the instrument, in accordance with subsection 12(1)(a) of the Legislative Instruments Act 2003 (section 3). In the process of determining this instrument, the Authority followed due process by advertising its intention to investigate diabetes mellitus in the Government Notices Gazette on 2 May 2007. The Authority circulated notices of this investigation to a broad spectrum of organisations representing veterans, service personnel, and their dependants. It also invited submissions from the Repatriation Commission, relevant organisations, and individuals with expertise in the field. Despite this effort, no submissions were received for consideration (section 4). Subsequently, on 27 August 2007, the Authority communicated the proposed changes to the same groups, emphasising the removal of factors related to rubella and Coxsackie B virus infections from the Statement of Principles. Again, no additional submissions were received (section 5). The enactment of this instrument concludes the investigation into diabetes mellitus that was initiated as announced in the Government Notices Gazette on 2 May 2007. This process ensured transparency and allowed for potential input from stakeholders. The instrument’s determination marks the final step in this review process (section 6). Furthermore, a list of references regarding the condition is available upon written request to the Repatriation Medical Authority Secretariat (section 7). The Repatriation Medical Authority Instrument imposes specific obligations on the Authority itself, including conducting an investigation, advertising the intention to investigate, and providing an opportunity for submissions from relevant parties. The instrument also requires the Authority to consider any submissions received and to make a final determination based on the available evidence and consultation process. The instrument’s provisions are designed to ensure that the Statement of Principles is based on current medical and scientific evidence. Breaches of the obligations under this instrument do not explicitly outline specific offences, penalties, or consequences within the provided text. However, the legislative framework surrounding the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act 2004 generally includes provisions for compliance and enforcement. Under these acts, non-compliance with the Authority’s determinations or procedural requirements could potentially lead to legal challenges or administrative penalties, although the specific consequences would depend on the broader legislative context and any applicable regulations or guidelines.