REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 60 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. 51 of 1997, determined under subsection 196B(2) of the VEA concerning fibromuscular dysplasia and death from fibromuscular dysplasia.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that fibromuscular dysplasia and death from fibromuscular dysplasia 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. 60 of 2008 concerning fibromuscular dysplasia. 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 fibromuscular dysplasia or death from fibromuscular dysplasia, 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 fibromuscular dysplasia 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 Instrument. 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 'fibromuscular dysplasia' in clause 3;
- inserting new definitions of "death from fibromuscular dysplasia", ICD-10-AM code", and "terminal event" in clause 6;
- revising definition of "relevant service" in clause 6;
- deleting definition of "ICD code"; and
- specifying a date of effect for the Instrument in clause 8.
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 fibromuscular dysplasia 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 fibromuscular dysplasia 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. 60 of 2008 amends the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 to address the issue of fibromuscular dysplasia and death from fibromuscular dysplasia in military personnel. The Repatriation Medical Authority, acting under the provisions of the Veterans’ Entitlements Act 1986, has revoked Instrument No. 51 of 1997 concerning the same conditions, in light of new medical-scientific evidence. This new instrument establishes a Statement of Principles that outlines the minimum factors necessary to establish a connection between fibromuscular dysplasia or death from fibromuscular dysplasia and service rendered by a person in various categories of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Authority has also clarified the format and definitions used in the instrument, aligning them with the latest standards and the commencement of the Military Rehabilitation and Compensation Act 2004. The Authority's decision follows an investigation into the condition, which was publicly advertised, and no submissions were received during this process.
Scope and Application
The Repatriation Medical Authority Instrument No. 60 of 2008 amends and replaces Instrument No. 51 of 1997 concerning fibromuscular dysplasia and death from fibromuscular dysplasia, revoking the earlier instrument. This new instrument applies to persons who have rendered operational, peacekeeping, hazardous, warlike, or non-warlike service as defined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It is pertinent for claims related to service injuries, service diseases, or service deaths that occurred on or after 1 July 2004, and is governed by the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act. The new Instrument sets out the conditions under which a reasonable hypothesis can be raised that fibromuscular dysplasia or death from fibromuscular dysplasia is related to the service rendered, and thus determines the eligibility for compensation. The instrument is applicable nationally in Australia, as it is determined by the Commonwealth authority under the VEA and MRCA. There are no explicit exclusions or exemptions mentioned in the explanatory notes, though eligibility is contingent upon the specifics outlined in the Statement of Principles. The application of this instrument may be extended or further clarified through subordinate instruments, although no such details are provided in the explanatory notes.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 51 of 1997 under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) concerning fibromuscular dysplasia and death from fibromuscular dysplasia. This revocation is pursuant to the Authority's determination under subsection 196B(2) of the VEA that there is sufficient medical-scientific evidence linking fibromuscular dysplasia and death from fibromuscular dysplasia to specific types of service. The new Statement of Principles, Instrument No. 60 of 2008, has been determined to replace the revoked instrument. This new instrument outlines the factors necessary to establish a reasonable hypothesis connecting fibromuscular dysplasia or death from fibromuscular dysplasia with service conditions as defined under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations imposed by the new Statement of Principles require that claims for compensation for service injuries, diseases, or deaths related to fibromuscular dysplasia must be assessed against these specified service conditions. These conditions include operational, peacekeeping, and hazardous service under the VEA, as well as warlike and non-warlike service under the MRCA. The Authority has determined that the new Statement of Principles serves to clarify and update the requirements for linking fibromuscular dysplasia and death from fibromuscular dysplasia to military service, providing a more structured framework for assessing claims. This new instrument also reflects the latest format adopted in 2005 and includes revised definitions and specifications to enhance clarity and applicability.
The Authority conducted an investigation into fibromuscular dysplasia as notified in the Government Notices Gazette of 28 June 2006 under section 196G of the VEA. This investigation involved a comprehensive review of the available medical-scientific evidence, including previous considerations. The Authority invited submissions from relevant stakeholders, including the Repatriation Commission and organisations representing veterans and service personnel, but no submissions were received. The new Statement of Principles, Instrument No. 60 of 2008, finalises this investigation and is now the governing document for assessing claims related to fibromuscular dysplasia and death from fibromuscular dysplasia.
Under the VEA and MRCA, any breach of the provisions or failure to comply with the requirements of the Statement of Principles may result in legal consequences. These could include denial of compensation claims or other penalties as determined by the relevant authorities. The maximum penalties for breaches of these Acts are not explicitly stated in the provided text but generally may include fines and other civil or criminal sanctions depending on the severity and nature of the breach. It is essential for parties involved in the assessment and adjudication of claims to adhere strictly to the provisions outlined in the new Statement of Principles to avoid any legal repercussions.