REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 61 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. 52 of 1997, determined under subsection 196B(3) of the VEA concerning fibromuscular dysplasia and death from fibromuscular dysplasia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 61 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 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, fibromuscular dysplasia or death from fibromuscular dysplasia 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 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. 61 of 2008, enacted in 2008, addresses the issue of establishing a connection between fibromuscular dysplasia and service in the armed forces. This instrument, determined under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA), provides a Statement of Principles that outlines the circumstances in which fibromuscular dysplasia and death from fibromuscular dysplasia can be considered related to particular kinds of service. This legislative instrument aims to update and replace the previously revoked Instrument No. 52 of 1997, reflecting the latest medical-scientific evidence and adopting a revised format to align with the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority, exercising its power under the VEA, determined this new Statement of Principles after an investigation and subsequent examination of available evidence, finalising the process as advertised in the Government Notices Gazette of 28 June 2006.
Scope and Application
The Veterans’ Entitlements Act 1986, as supplemented by the Military Rehabilitation and Compensation Act 2004, applies to individuals who have served in eligible war service, defence service, or peacetime service and who may have sustained or contracted fibromuscular dysplasia or died from this condition during or as a result of their service. This Act is administered by the Repatriation Medical Authority, which has the power to determine Statements of Principles concerning service-related conditions, such as fibromuscular dysplasia, that may be linked to specific types of military service. The Authority's determinations, such as Instrument No. 61 of 2008 concerning fibromuscular dysplasia, are pivotal for assessing claims for compensation under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act. These claims must be filed with the Military Rehabilitation and Compensation Commission, which references the Authority's Statements of Principles to decide liability for injuries, diseases, or deaths occurring on or after 1 July 2004. The Authority's determinations are applicable nationally across Australia and extend to the determination of compensation claims filed under both acts. The Authority undertakes investigations into service-related conditions, seeking submissions from relevant parties and considering sound medical-scientific evidence, before determining the necessary Statements of Principles.
Key Provisions
The key provisions of the Repatriation Medical Authority Instrument No. 61 of 2008 involve the revocation of Instrument No. 52 of 1997 concerning fibromuscular dysplasia and death from fibromuscular dysplasia, as stated in subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA). This revocation is due to the Authority's updated assessment of the medical-scientific evidence, which now suggests a more probable connection between fibromuscular dysplasia and certain types of service. The Authority has introduced a new Statement of Principles, Instrument No. 61 of 2008, to replace the revoked one. This new instrument outlines the factors necessary to establish a link between fibromuscular dysplasia or death from fibromuscular dysplasia and eligible war service, defence service, or peacetime service under the VEA or the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations imposed by this Act require the Repatriation Medical Authority to ensure that any claims for compensation related to service injuries, diseases, or deaths on or after 1 July 2004 are assessed in accordance with the Statements of Principles issued by the Authority under the VEA. Specifically, these Statements must be referenced by the Military Rehabilitation and Compensation Commission when determining liability for claims made under section 319 of the MRCA. This includes verifying the connection between the service rendered and the condition of fibromuscular dysplasia or death from it, as detailed in the new Statement of Principles.
Failure to comply with the provisions of this Act may result in legal consequences for both claimants and the Repatriation Medical Authority. While the explanatory notes do not specify particular offences, penalties, or consequences for breaches, the general legal framework under the VEA and MRCA could include civil or administrative penalties for non-compliance. The exact nature and extent of these penalties would depend on the specifics of the breach and the applicable laws at the time. The Authority's role in ensuring the accuracy and relevance of the Statements of Principles is critical to avoid potential legal repercussions for both parties involved in the claims process.