REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 87 of 2011
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. 57 of 1997, determined under subsection 196B(2) of the VEA concerning extrinsic allergic alveolitis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that extrinsic allergic alveolitis and death from extrinsic allergic alveolitis 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. 87 of 2011 concerning extrinsic allergic alveolitis. 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 extrinsic allergic alveolitis or death from extrinsic allergic alveolitis, with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning extrinsic allergic alveolitis 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 'extrinsic allergic alveolitis' in clause 3;
- revising factor 6(b) concerning 'the specific antigen';
- new definitions of 'death from extrinsic allergic alveolitis', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definitions of 'an antigenic source', 'relevant service' and 'the specific antigen responsible for the extrinsic allergic alveolitis' 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 extrinsic allergic alveolitis in the Government Notices Gazette of 25 June 2008, 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 Instrument finalises the investigation in relation to extrinsic allergic alveolitis as advertised in the Government Notices Gazette of 25 June 2008.
10. 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. 87 of 2011, under subsection 196B(8) of the Veterans' Entitlements Act 1986, addresses the issue of extrinsic allergic alveolitis, a condition previously covered by Instrument No. 57 of 1997. The Authority, in response to new medical-scientific evidence, has determined a new Statement of Principles to replace the revoked one, establishing a clear connection between extrinsic allergic alveolitis, or death from this condition, and specific types of military service. The Authority's determination also aligns with the Military Rehabilitation and Compensation Act 2004, ensuring that claims for compensation related to service injuries, diseases, or deaths occurring after 1 July 2004 are assessed against these updated principles. This legislative instrument formalises the latest medical understanding of the condition and its link to military service, facilitating more accurate and fair assessments of claims by veterans.
Scope and Application
The Repatriation Medical Authority Instrument No. 87 of 2011, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning extrinsic allergic alveolitis, replacing the previously revoked Instrument No. 57 of 1997. This Instrument applies to any veteran or service person who has sustained extrinsic allergic alveolitis or death from this condition as a result of their service, whether operational, peacekeeping, hazardous, warlike, or non-warlike. The determination of this Instrument is governed by the latest revised format and addresses various factors that must exist to establish a connection between the service and the condition, including revisions to definitions and specific antigens responsible for the condition. The Instrument is effective for claims related to service injuries, diseases, or deaths occurring on or after 1 July 2004, and it applies both to the VEA and the MRCA. The Instrument reflects the latest medical-scientific evidence and the commencement of the MRCA, aiming to ensure that veterans receive appropriate compensation for their service-related conditions.
Key Provisions
The Repatriation Medical Authority (the Authority), as per subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 57 of 1997, which was related to extrinsic allergic alveolitis, and has determined a new Statement of Principles, Instrument No. 87 of 2011, under subsection 196B(2) of the VEA. This new Instrument will replace the revoked one. The new Instrument outlines the factors that must exist, and which factors must relate to certain types of service, such as operational, peacekeeping, hazardous, warlike, and non-warlike service, for a reasonable hypothesis to be raised connecting extrinsic allergic alveolitis or death from extrinsic allergic alveolitis with the circumstances of that service. This determination was made based on sound medical-scientific evidence that links extrinsic allergic alveolitis and death from extrinsic allergic alveolitis to particular kinds of service.
The Authority, under the VEA, imposes the requirement to adhere to the new Statement of Principles when considering claims for compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) for service injuries, diseases, or deaths on or after 1 July 2004. These claims are determined by the Military Rehabilitation and Compensation Commission, which must refer to the Statements of Principles issued by the Authority under the VEA. The new Instrument also reflects the latest revised format and contains changes such as adopting the revised Instrument format, deleting the ICD code from the Instrument header, and revising definitions of certain terms.
The new Instrument imposes specific obligations on parties or entities it governs. For example, when evaluating claims for compensation under the MRCA for service injuries, diseases, or deaths on or after 1 July 2004, the Military Rehabilitation and Compensation Commission must refer to the Statements of Principles issued by the Authority under the VEA. The Authority is also required to consider submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA, and any person having expertise in the field, when determining the Statement of Principles. In this instance, the Authority did not receive any submissions for consideration.
The new Instrument includes specific offences, penalties, and consequences for breach, although the exact details are not explicitly stated in the provided text. However, in general, breaches of the VEA and MRCA may lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for breaches of these Acts can vary and may include fines or imprisonment. It is important to refer to the specific sections of the VEA and MRCA for detailed information on the penalties and consequences for breach.