REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 88 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. 58 of 1997, determined under subsection 196B(3) of the VEA concerning extrinsic allergic alveolitis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 88 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 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, extrinsic allergic alveolitis or death from extrinsic allergic alveolitis is connected 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. 88 of 2011, concerning extrinsic allergic alveolitis, was enacted in 2011 under the authority of the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This legislation was introduced to address the need for updated medical-scientific evidence regarding the relationship between extrinsic allergic alveolitis, including death from the condition, and particular kinds of military service. The Authority, exercising its powers under subsection 196B(3) of the VEA, has determined a new Statement of Principles that replaces the previously revoked Instrument No. 58 of 1997. This new Instrument provides a framework for assessing claims for compensation related to service injuries and diseases, effective from 1 July 2004, under the MRCA. The policy objective is to ensure that claims are adjudicated based on the most current medical-scientific evidence, thereby offering fair and accurate compensation to affected veterans and their dependants.
Scope and Application
The Repatriation Medical Authority Instrument No. 88 of 2011 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a Statement of Principles regarding extrinsic allergic alveolitis. This Instrument applies to veterans and service personnel who have contracted the condition as a result of their service, and it supersedes the previous Instrument No. 58 of 1997. It is designed to determine the eligibility for compensation claims concerning extrinsic allergic alveolitis, which must be related to specified types of service under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act. The Instrument delineates the necessary factors to establish a connection between the condition and the service, and it outlines the types of service that may qualify under the legislation. The Authority’s determination is based on sound medical-scientific evidence, and it reflects the latest revisions in the Instrument format. This Instrument is applicable nationally in Australia, extending its reach to all eligible veterans and service personnel who may have contracted extrinsic allergic alveolitis during their service.
Key Provisions
The main operative sections of this legislation pertain to the revocation and replacement of Instrument No. 58 of 1997 concerning extrinsic allergic alveolitis with Instrument No. 88 of 2011, as determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA). This new Instrument sets out a Statement of Principles that specifies the factors that must exist, and which of those factors must be related to certain kinds of service, before it can be said that, on the balance of probabilities, extrinsic allergic alveolitis or death from extrinsic allergic alveolitis is connected with the circumstances of that service (section 4). This Instrument is intended to replace the previously revoked one and applies to claims for compensation under the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 3).
The obligations and requirements imposed by this Act on the parties it governs include the obligation for the Repatriation Medical Authority (the Authority) to determine Statements of Principles concerning extrinsic allergic alveolitis and to advertise its intention to undertake such an investigation in the Government Notices Gazette (section 7). The Authority must also circulate a copy of the notice of intention to investigate to a wide range of organisations representing veterans, service personnel, and their dependants and invite submissions from relevant parties, including the Repatriation Commission and any person having expertise in the field (section 8). The Authority must then consider any submissions received before determining the Statement of Principles (section 9). The Authority must also provide a list of references relating to the above condition to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA upon written request (section 10).
Any breach of the obligations and requirements set out in this Act may result in civil or criminal consequences. However, the Explanatory Notes do not specify the exact nature of these consequences. It is worth noting that the maximum penalties for offences under the VEA and MRCA are not detailed in the Explanatory Notes. The Authority's determination of the Statement of Principles is intended to finalise the investigation in relation to extrinsic allergic alveolitis, as advertised in the Government Notices Gazette of 25 June 2008 (section 9). Failure to comply with the requirements of the Act may result in legal action being taken against the parties or entities governed by the Act.