REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 24 of 2009
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. 167 of 1995 determined under subsection 196B(3) of the VEA concerning frostbite.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that frostbite and death from frostbite 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. 24 of 2009 concerning frostbite. 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, frostbite or death from frostbite 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 2 May 2007 concerning frostbite 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 'frostbite' in clause 3;
- revising factor 6(a) concerning 'freezing temperatures';
- new definitions of 'death from frostbite', 'ICD-10-AM code', 'relevant service' and 'terminal event' 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 frostbite in the Government Notices Gazette of 2 May 2007, 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 frostbite as advertised in the Government Notices Gazette of 2 May 2007.
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. 24 of 2009, under the Veterans’ Entitlements Act 1986, addresses the medical condition of frostbite, replacing a previous instrument. The Authority found it probable that frostbite and death from frostbite could be related to certain types of military service, leading to the creation of a new Statement of Principles. This new instrument outlines the conditions under which frostbite can be connected to war service, defence service, or peacetime service, and it adopts a revised format consistent with the Military Rehabilitation and Compensation Act 2004. The Authority undertook an investigation and sought input from various stakeholders but received no submissions. This new instrument finalises the investigation into frostbite and provides a framework for determining compensation claims related to the condition.
Scope and Application
The Repatriation Medical Authority Instrument No. 24 of 2009, issued under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, revokes the previous Instrument No. 167 of 1995 concerning frostbite. This new Instrument establishes a Statement of Principles determining the circumstances under which frostbite or death from frostbite can be considered related to specific kinds of service, including eligible war service, defence service, and peacetime service. These determinations are pivotal for veterans or service personnel seeking compensation for injuries or diseases linked to their service. The Instrument applies nationally and supersedes the previous regulations, aiming to provide clarity and updated criteria for assessing claims based on the latest medical-scientific evidence. It is noteworthy that this new Instrument reflects the commencement of the MRCA and has been formatted to meet the revised standards set in 2005. Any further adjustments or detailed specifications concerning the application of this Instrument can be made through subordinate instruments as necessary.
Key Provisions
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 167 of 1995 concerning frostbite, as determined under subsection 196B(3) of the VEA. This action is based on the sound medical-scientific evidence available, which indicates a more probable than not connection between frostbite and certain kinds of service (section 2). The Authority has determined a new Statement of Principles, Instrument No. 24 of 2009, to replace the revoked instrument. This new instrument outlines the factors that must exist to establish a connection between frostbite or death from frostbite and the service rendered by a person, including eligible war service, defence service, and peacetime service (section 4).
The obligations imposed by the Act include the requirement for the Authority to investigate and determine Statements of Principles concerning service-related conditions. In this case, the Authority undertook an investigation into frostbite, advertised its intention in the Government Notices Gazette on 2 May 2007, and invited submissions from relevant parties (section 8). The Authority is also mandated to circulate the notice of the investigation to a wide range of organisations representing veterans, service personnel, and their dependants. The Authority's determination of the new instrument finalises this investigation. The Authority must also make a list of references relating to the condition available to specified persons or organisations upon request (section 9 and 10).
Failure to comply with the provisions of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 may result in civil or criminal consequences. The maximum penalties for breaches of these Acts are not explicitly stated in the explanatory notes. However, non-compliance with the requirements for determining Statements of Principles or failing to provide necessary information could lead to legal action or penalties as prescribed under the respective Acts. It is important for all parties to adhere to the obligations set out to ensure proper administration of veterans’ entitlements and compensation claims.