REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 4 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. 22 of 1995 of 12 January 1995, determined under subsection 196B(3) of the VEA concerning Gaucher's disease and death from Gaucher's disease.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 4 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 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, Gaucher's disease or death from Gaucher's disease 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 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. 4 of 2007, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the problem of linking Gaucher's disease and death from Gaucher's disease to particular kinds of military service. This legislation was introduced to establish a Statement of Principles concerning Gaucher's disease, replacing the previously revoked Instrument No. 22 of 1995. The policy objective is to provide a framework for determining claims for compensation based on the latest medical-scientific evidence, ensuring that eligible veterans can be appropriately compensated for service-related conditions. The Authority, in determining this new instrument, considered the sound medical-scientific evidence available and the impact of the changes on the assessment of claims under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority, under the Veterans’ Entitlements Act 1986, has determined a new Statement of Principles, Instrument No. 4 of 2007, concerning Gaucher's disease. This instrument revokes the previous Instrument No. 22 of 1995. It applies to veterans and members of the defence force who contracted Gaucher's disease or died from it, with the specific kinds of service detailed in the Statement of Principles. The new instrument is applicable for both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, extending its reach to claims for compensation that commenced on 1 July 2004. The Authority considered sound medical-scientific evidence and determined that it is more probable than not that Gaucher's disease and death from Gaucher's disease can be related to particular kinds of service. The Authority advertised its intention to investigate and invited submissions but did not receive any during the investigation. This instrument is effective as of the date specified in clause 8, finalising the investigation concerning Gaucher's disease as advertised in the Government Notices Gazette of 15 June 2005.
Key Provisions
The Repatriation Medical Authority ('the Authority') has issued Instrument No. 4 of 2007, revoking Instrument No. 22 of 1995 concerning Gaucher's disease and death from Gaucher's disease. This new instrument is a Statement of Principles under subsection 196B(3) of the Veterans’ Entitlements Act 1986 ('the VEA'). This Statement of Principles outlines the medical-scientific evidence that links Gaucher's disease and death from Gaucher's disease to particular kinds of service.
This new instrument imposes obligations on parties to ensure that claims for compensation related to Gaucher's disease and death from Gaucher's disease are assessed based on the Statement of Principles set forth in Instrument No. 4 of 2007. The Statement of Principles specifies the types of service—eligible war service, defence service, and peacetime service—that must be linked to the disease or death to establish a connection. The Authority’s determination clarifies the medical criteria and service-related factors that need to be considered in such claims. The Statement of Principles also reflects the commencement of the Military Rehabilitation and Compensation Act 2004 ('the MRCA') and specifies that the instrument applies for both the VEA and the MRCA.
Failure to comply with the requirements set out in Instrument No. 4 of 2007 could result in non-acceptance of claims for compensation related to Gaucher's disease or death from Gaucher's disease. Although the explanatory notes do not specify civil or criminal penalties for non-compliance, there could be significant consequences for claimants if they do not meet the criteria outlined in the Statement of Principles. Claimants might be required to provide additional evidence or documentation to support their claims, and the absence of such evidence could lead to the denial of their claims.
The Authority’s determination is based on a thorough investigation into the sound medical-scientific evidence available. This investigation involved an examination of current and previously considered evidence. The process included an advertisement of the investigation in the Government Notices Gazette of 15 June 2005, inviting submissions from relevant parties. However, no submissions were received during the investigation. The Authority’s final determination, therefore, relies solely on the medical-scientific evidence examined during the investigation.