REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 110 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. 44 of 1994 determined under subsection 196B(3) 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 on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 110 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 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, external bruise or death from external bruise 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 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 Repatriation Medical Authority Instrument No. 110 of 2007 is an amendment to the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) designed to address the issue of external bruises and the related deaths, particularly in relation to service circumstances. The Authority revoked the previous Instrument No. 44 of 1994 and introduced this new instrument based on updated medical-scientific evidence, determining that it is more probable than not that external bruises and resultant deaths can be connected to specific types of service. This legislative instrument aims to provide clarity and updated criteria for assessing claims related to external bruises under the VEA and MRCA.
The Authority conducted an investigation as required under section 196G of the VEA, advertised its intentions in the Government Notices Gazette on 28 June 2006, and invited submissions from relevant stakeholders. After reviewing the available evidence, the Authority determined the new Statement of Principles, specifying the factors necessary to link external bruises or deaths from such bruises to eligible war service, defence service, or peacetime service. This instrument also reflects the latest format and terminology updates, ensuring consistency with the revised Instruments format and the commencement of the MRCA, thereby clarifying its application under both Acts.
Scope and Application
The Repatriation Medical Authority Instrument No. 110 of 2007 amends the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 by revoking the 1994 instrument concerning external bruises and external contusions and death from these conditions. This new instrument, based on the latest sound medical-scientific evidence, establishes a Statement of Principles regarding external bruises that replaces the revoked instrument. It applies to eligible war service, defence service, and peacetime service, determining the connection between external bruises, death from external bruises, and the circumstances of these services. The Authority's determination is relevant for claims for compensation under the Military Rehabilitation and Compensation Act 2004 for injuries or diseases sustained on or after 1 July 2004, and for corresponding claims under the Veterans' Entitlements Act 1986. The instrument specifies that external bruises or death from such bruises are considered connected with service if the conditions meet the factors outlined in the new Statement of Principles. The changes to the instrument include adopting a revised format, altering the definition of 'external bruise', and adding definitions for 'death from external bruise','relevant service', and 'terminal event'. The Authority's determination follows an investigation and public consultation process, during which no submissions were received.
Key Provisions
The main operative sections of the Repatriation Medical Authority Instrument No. 110 of 2007, as referenced in subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), involve the revocation of Instrument No. 44 of 1994 and the establishment of a new Statement of Principles concerning external bruises. This new instrument replaces the previous one and sets out the specific factors that must exist for external bruises or death from external bruises to be connected to particular kinds of service, such as eligible war service, defence service, or peacetime service. These factors must be related to the service rendered by a person for it to be said that, on the balance of probabilities, the external bruise or death from external bruise is connected with the circumstances of that service.
The Act imposes obligations on the Repatriation Medical Authority to investigate and determine the sound medical-scientific evidence available regarding external bruises and external contusions. It mandates that the Authority advertise its intention to undertake an investigation and invites submissions from relevant organisations and experts. The Authority is also responsible for determining Statements of Principles, which are essential for claims under section 319 of the Military Rehabilitation and Compensation Act 2004 (MRCA) for injuries sustained on or after 1 July 2004. The Authority must ensure these Statements of Principles are clear, updated, and reflective of the latest medical-scientific evidence.
Failure to comply with the provisions of the Act can result in civil and criminal consequences. The maximum penalties for breaches are not explicitly stated in the explanatory notes, but generally, non-compliance with legislative requirements can lead to legal action, fines, or other penalties as determined by the relevant courts. Additionally, inaccurate or misleading information provided to the Authority can result in administrative sanctions, such as the denial of benefits or compensation claims. It is crucial for parties governed by this Act to adhere to the specified requirements to avoid these potential repercussions.