REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 109 of 2007
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. 43 of 1994 determined under subsection 196B(2) of the VEA concerning external bruises and external contusions and death from external bruises and external contusions.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that external bruise and death from external bruise 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. 109 of 2007 concerning external bruise. 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 external bruise or death from external bruise, 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 external bruises and external contusions 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;
- change of name from 'external bruises and external contusions' to 'external bruise';
- deleting the ICD code from the Instrument header;
- revising the definition of 'external bruise' in clause 3;
- revising factor 6(a) concerning 'trauma';
- new definitions of 'death from external bruise'; 'relevant service' and 'terminal event' in clause 9;
- deleting definitions of 'external contusions' and 'ICD code';
- 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 external bruise 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 external bruises and external contusions 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 Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide for the entitlements of veterans, including compensation for injuries and diseases sustained during service. To address specific issues regarding the medical condition of external bruises and their relation to service, the Repatriation Medical Authority (the Authority) revoked Instrument No. 43 of 1994 concerning external bruises and external contusions and death from these conditions, replacing it with Instrument No. 109 of 2007. This change was driven by the availability of new medical-scientific evidence that indicated a relationship between external bruises and particular kinds of service, prompting the Authority to issue a new Statement of Principles. This instrument outlines the minimum factors necessary to establish a reasonable hypothesis connecting external bruises or death from external bruises with service circumstances, including operational, peacekeeping, hazardous, warlike, and non-warlike services. The Authority undertook an investigation, advertised in the Government Notices Gazette, and determined the new instrument without receiving any submissions for consideration.
Scope and Application
The Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establish the legal framework for the Repatriation Medical Authority (the Authority), which is responsible for determining Statements of Principles concerning medical conditions and injuries related to military service. These Acts apply to veterans, service personnel, and their dependants, governing their entitlements to rehabilitation, compensation, and medical assessments. The Authority’s role under these Acts is to determine whether certain medical conditions or injuries are connected to specific types of military service, which is crucial for eligibility under the legislation. The new Instrument No. 109 of 2007, replacing the previous Instrument No. 43 of 1994, provides a revised Statement of Principles concerning external bruises. This instrument applies to claims for compensation and rehabilitation for veterans and service personnel who have sustained external bruises or died from external bruises as a result of their service. The new instrument specifies the types of military service that must be related to the condition in order to establish a reasonable hypothesis of connection, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument applies nationally and is intended to provide clarity and consistency in the assessment of claims related to external bruises. The new instrument excludes external contusions, which were previously covered by the revoked instrument, and it adopts a revised format in line with the latest standards, effective from the date specified in the instrument.
Key Provisions
The Repatriation Medical Authority has revoked Instrument No. 43 of 1994 and issued a new Statement of Principles, Instrument No. 109 of 2007, concerning external bruises under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). This new instrument replaces the previous one and sets out the minimum factors that must exist to connect external bruises or death from external bruises with particular types of service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). This new instrument will be used for determining claims for compensation for service injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004.
The Statement of Principles outlines the factors that must be present and related to specific kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, before a reasonable hypothesis can be made connecting an external bruise or death from an external bruise with the circumstances of that service. The Authority has made several changes to the format and content of the instrument, including adopting the latest revised Instrument format, changing the name from 'external bruises and external contusions' to 'external bruise', and revising definitions and factors related to external bruises and death from external bruises.
The obligations under this Act include the requirement for the Repatriation Medical Authority to determine Statements of Principles for the purposes of both the VEA and the MRCA, and for claims for compensation to be determined by the Military Rehabilitation and Compensation Commission by reference to these Statements of Principles. The Authority is also required to advertise its intention to undertake an investigation in relation to external bruises and to invite submissions from relevant organisations and individuals.
There are no specific offences, penalties, or consequences for breach mentioned in the text. However, failure to comply with the requirements of the VEA and MRCA, including the provisions of the Statement of Principles, may result in the denial of a claim for compensation. The maximum penalties for offences under the VEA and MRCA are not specified in the text.