REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 14 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. 68 of 1994, as amended by Instrument No. 281 of 1995, determined under subsection 196B(3) of the VEA concerning diverticular disease of the colon and death from diverticular disease of the colon.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that diverticular disease of the colon and death from diverticular disease of the colon 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 2008 concerning diverticular disease of the colon. This Instrument will in effect replace the revoked Statements 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) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, diverticular disease of the colon or death from diverticular disease of the colon is connected 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 diverticular disease of the colon 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 the new Instrument are in similar terms as the revoked Instruments. 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;
- revising the definition of 'diverticular disease of the colon' in clause 3;
- new factor 6(b) concerning 'drugs';
- new definitions of 'death from diverticular disease of the colon', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- revising definition of 'scleroderma' in clause 9;
- deleting definition of 'ICD code'; 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 diverticular disease of the colon 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 diverticular disease of the colon 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. 14 of 2008 was enacted to address the issue of determining whether diverticular disease of the colon and death from diverticular disease of the colon can be related to particular kinds of service. This legislation, issued under the authority of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, aims to provide a clear framework for assessing claims related to these conditions. The Instrument revokes previous determinations concerning diverticular disease of the colon, replacing them with a new Statement of Principles based on the latest available medical-scientific evidence. This new determination clarifies the factors and conditions necessary to establish a connection between diverticular disease of the colon, death from such disease, and service rendered under various categories including eligible war service, defence service, and peacetime service. The enacting body is the Repatriation Medical Authority, and the policy objective is to ensure that veterans and service personnel receive appropriate recognition and compensation for service-related health conditions.
Scope and Application
The Repatriation Medical Authority Instrument No. 14 of 2008 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) concerns diverticular disease of the colon and death from diverticular disease of the colon. This instrument applies to veterans and their dependants who are eligible for benefits under the VEA and to members of the Australian Defence Force and their dependants who are eligible for benefits under the MRCA. The instrument provides a Statement of Principles that outlines the factors that must exist to establish a connection between the service and the disease, including the types of service that may be considered relevant, such as eligible war service, defence service, and peacetime service. The instrument replaces previous Statements of Principles related to diverticular disease of the colon and is effective as of its specified date. The instrument’s application may be extended or restricted through subordinate instruments issued by the Authority, and it is subject to the provisions of both the VEA and the MRCA.
Key Provisions
The Repatriation Medical Authority (the Authority) under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) has revoked Instrument No. 68 of 1994, as amended by Instrument No. 281 of 1995, concerning diverticular disease of the colon and death from diverticular disease of the colon. This revocation has led to the determination of a new Statement of Principles, Instrument No. 14 of 2008. The Authority's decision is based on the sound medical-scientific evidence available, which suggests a probable connection between diverticular disease of the colon, death from diverticular disease of the colon, and specific kinds of service. The new Instrument replaces the revoked ones and sets out the factors necessary to establish a link between the disease or death and the service rendered.
The new Statement of Principles outlines the factors that must exist and be related to certain types of service before it can be concluded that diverticular disease of the colon or death from this disease is connected to the service. These services include eligible war service (excluding operational service) under the VEA, defence service (excluding hazardous service) under the VEA, and peacetime service under the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles applies to claims for compensation that commenced on or after 1 July 2004, where the Military Rehabilitation and Compensation Commission determines acceptance of liability for a service injury, disease, or death.
The Authority's investigation into diverticular disease of the colon, which led to the new Instrument, involved examining the latest sound medical-scientific evidence available, including previously considered evidence. The new Instrument adopts the latest revised format, deletes the ICD code from the header, revises definitions, and specifies a date of effect. It also clarifies that the Statement of Principles is determined for the purposes of both the VEA and the MRCA, reflecting the commencement of the MRCA. Prior to determining this instrument, the Authority advertised its intention to investigate and invited submissions from relevant organisations and individuals, though no submissions were received.
The Statement of Principles imposes obligations on the parties involved in claims for compensation related to diverticular disease of the colon. Claimants must demonstrate that their condition or death is connected to their service, as outlined in the new Instrument. The Authority and the Military Rehabilitation and Compensation Commission must assess claims based on the factors set out in the Statement of Principles. The Authority's determination of the new Instrument is based on the sound medical-scientific evidence available, which it has considered and revised as necessary.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the provisions in the new Statement of Principles. However, any breach of the requirements under the VEA or MRCA could lead to legal consequences under those Acts. The Authority's determination of the new Instrument is based on sound medical-scientific evidence, and any failure to adhere to the established factors and definitions could result in disputes over the validity of claims.