REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 3 of 2007
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. 21 of 1995 of 12 January 1995, determined under subsection 196B(2) of the VEA concerning Gaucher's disease and death from Gaucher's disease.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Gaucher's disease and death from Gaucher's disease 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. 3 of 2007 concerning Gaucher's disease. This Instrument will in effect replace the revoked Statements 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 Gaucher's disease or death from Gaucher's disease, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 15 June 2005 concerning Gaucher's disease in accordance with section 196G of the Act. 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 Instruments. 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 'Gaucher's disease' in clause 3;
- deleting the definition of 'ICD code';
- including new definitions of 'death from Gaucher's disease'; 'relevant service'; and 'terminal event', in clause 6; 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 Gaucher's disease in the Government Notices Gazette of 15 June 2005, 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 Gaucher's disease as advertised in the Government Notices Gazette of 15 June 2005.
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. 3 of 2007 is an instrument enacted under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) to address the problem of establishing a connection between Gaucher's disease or death from Gaucher's disease and service rendered by individuals. The instrument was enacted by the Repatriation Medical Authority (the Authority), which operates under the VEA. This instrument aims to provide a clear set of principles for determining the eligibility of veterans and their dependents for benefits related to Gaucher's disease by establishing the necessary conditions and service types that must be met for a reasonable hypothesis to be raised.
This instrument was developed following an investigation into Gaucher's disease, which was notified in the Government Notices Gazette on 15 June 2005. The Authority examined the available sound medical-scientific evidence to determine the factors that must exist, and which of those factors must be related to specific kinds of service, before a connection to Gaucher's disease or death from Gaucher's disease can be made. The instrument replaces the previous Statements of Principles concerning Gaucher's disease and provides a revised format that aligns with the commencement of the MRCA. The Authority sought input from various organisations and individuals during the investigation, although no submissions were received for consideration. The enactment of this instrument concludes the investigation into Gaucher's disease and provides a comprehensive framework for assessing related claims under the VEA and MRCA.
Scope and Application
The Repatriation Medical Authority, operating under the Veterans’ Entitlements Act 1986, has revoked Instrument No. 21 of 1995 concerning Gaucher's disease and death from Gaucher's disease, replacing it with Instrument No. 3 of 2007. This legislative instrument applies to individuals who have contracted Gaucher's disease or have died from it, in relation to their service under various categories such as operational, peacekeeping, and hazardous service as defined by the VEA, and warlike or non-warlike service under the Military Rehabilitation and Compensation Act 2004. The scope of this legislation extends to claims for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004, which are determined by the Military Rehabilitation and Compensation Commission. The Authority's determination is based on sound medical-scientific evidence indicating a connection between these conditions and specific kinds of service. The new instrument adopts a revised format, clarifying its applicability under both the VEA and the MRCA, and it specifies the conditions necessary to establish a connection between the service and the disease or death.
Key Provisions
The Repatriation Medical Authority, under section 196B(8) of the Veterans’ Entitlements Act 1986, has revoked Instrument No. 21 of 1995 concerning Gaucher's disease and has introduced a new Instrument No. 3 of 2007. This new instrument is intended to replace the revoked instrument and reflects the latest medical-scientific evidence indicating that Gaucher's disease and death from Gaucher's disease can be related to certain types of service. The Authority has determined a Statement of Principles under section 196B(2) of the VEA, which sets out the factors that must exist and be related to specific kinds of service to connect Gaucher's disease or death from Gaucher's disease with the service circumstances.
The new Statement of Principles applies to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike services. These services must be considered under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority conducted an investigation, as notified in the Government Notices Gazette of 15 June 2005, to examine the available medical-scientific evidence, and no submissions were received during this investigation. The new instrument adopts a revised format, includes updated definitions, and specifies a date of effect. The changes reflect the commencement of the MRCA and clarify that the Statement of Principles is determined for both the VEA and the MRCA under section 196B(3A) of the VEA.
The obligations imposed by the new instrument include the requirement for the Repatriation Medical Authority to determine Statements of Principles that reflect the latest medical-scientific evidence and to ensure that the factors linking Gaucher's disease or death from Gaucher's disease to service are clearly outlined. The Authority must also advertise its intention to investigate and invite submissions from relevant organisations and individuals. Claims for compensation under section 319 of the MRCA for service injuries, diseases, or deaths on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission, which must reference the Statements of Principles issued by the Authority.
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory notes for the breach of the provisions of this instrument. However, failure to adhere to the Statement of Principles or to properly investigate and determine the connection between service and Gaucher's disease could potentially lead to disputes or challenges in compensation claims. The consequences for such breaches would depend on the outcomes of any legal proceedings, which could involve the review of the Authority's decisions by relevant tribunals or courts.