REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 22 of 2012
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. 6 of 1997, determined under subsection 196B(3) of the VEA concerning haemochromatosis.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that haemochromatosis and death from haemochromatosis 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. 22 of 2012 concerning haemochromatosis. 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 and British nuclear test defence service) under the VEA;
peacetime service under the MRCA,
before it can be said that, on the balance of probabilities, haemochromatosis or death from haemochromatosis is connected with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning haemochromatosis 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 this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, 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 'haemochromatosis' in clause 3;
- revising factor 6(a) concerning 'consuming alcohol' for males;
- revising factor 6(b) concerning 'consuming alcohol' for females;
- new factor 6(c) concerning 'hepatitis C virus' for clinical worsening only;
- new factor 6(d) concerning 'chronic blood transfusional overload' for clinical worsening only;
- new definitions of 'alcohol', 'chronic blood transfusional overload', 'death from haemochromatosis', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising the definition of 'relevant service' in clause 9;
- deleting definitions of 'alcohol (contained within alcoholic drinks)' and '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 haemochromatosis in the Government Notices Gazette of 25 June 2008, 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. This instrument is compatible with the Human Rights and Freedoms recognised or declared in the International Instruments listed in Section 3 of the Human Rights (Parliamentary Scrutiny Act 2011).
10. The determining of this Instrument finalises the investigation in relation to haemochromatosis as advertised in the Government Notices Gazette of 25 June 2008.
11. 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. 22 of 2012, which was enacted to address the issue of haemochromatosis in veterans, revokes the previous Instrument No. 6 of 1997. This Instrument, determined under the Veterans’ Entitlements Act 1986, sets out a Statement of Principles concerning haemochromatosis, replacing the revoked one. This development was prompted by the Authority's assessment of the latest medical-scientific evidence, which suggests a probable link between haemochromatosis and specific types of service. The Instrument is also designed to align with the Military Rehabilitation and Compensation Act 2004, ensuring that claims for compensation are assessed against the new Statement of Principles. The Authority conducted an investigation into haemochromatosis, advertised in the Government Notices Gazette, and while no submissions were received, the Instrument incorporates the latest evidence and format revisions, including new definitions and factors related to haemochromatosis and its connection to service.
Scope and Application
The Repatriation Medical Authority Instrument No. 22 of 2012 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 establishes a Statement of Principles concerning the condition of haemochromatosis. This legislation applies to individuals who have served in eligible war service, defence service, or peacetime service, as defined by the respective Acts. The Instrument serves to determine the connection between haemochromatosis or death from haemochromatosis and the service rendered by the person, providing a legal framework for claims related to these conditions. The Authority's decision is applicable nationally, with its effects reaching all veterans, service personnel, and their dependants who may be eligible for compensation under the Acts. The Instrument specifies that certain factors must exist to establish a link between the service and the condition, including the nature of the service and the presence of specified medical conditions or risk factors. The Instrument also details the process for claims related to service injuries, diseases, or deaths occurring after 1 July 2004, which are to be determined by the Military Rehabilitation and Compensation Commission. The Authority has the power to extend or restrict the application of this Instrument through subordinate instruments, ensuring it remains relevant to evolving medical-scientific evidence and legislative changes.
Key Provisions
The main operative sections of this legislation pertain to the Repatriation Medical Authority's (the Authority) determination of a new Statement of Principles, Instrument No. 22 of 2012, concerning haemochromatosis under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (VEA) (paragraph 2). This new instrument replaces the previously revoked Instrument No. 6 of 1997. The Authority has concluded that, based on available medical-scientific evidence, there is a probable connection between haemochromatosis and death from haemochromatosis and specific kinds of military service (paragraph 2). The Statement of Principles outlines the circumstances that must exist for haemochromatosis or death from haemochromatosis to be considered connected to service, including the types of eligible war service, defence service, and peacetime service as defined by the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA) (paragraph 4). This instrument incorporates the latest revised format and includes new definitions and factors not present in the revoked instrument, such as 'alcohol', 'chronic blood transfusional overload', 'death from haemochromatosis', 'ICD-10-AM code', and 'terminal event' (paragraphs 6 and 9).
The Authority imposes several obligations and requirements on the parties it governs. It must determine Statements of Principles based on sound medical-scientific evidence and ensure these statements are compatible with human rights (paragraphs 2, 9, and 10). The Authority also has a duty to advertise its intention to investigate and solicit submissions from relevant stakeholders before making a determination (paragraph 8). The Authority must clarify the connection between the specified service and the condition in question, ensuring that claimants meet the outlined criteria to be eligible for compensation under the VEA or MRCA (paragraph 4). Additionally, the Authority must provide a list of references to any person or organisation that requests it, ensuring transparency and accessibility of the evidence used in their determinations (paragraph 11).
For breach of the obligations and requirements outlined in this legislation, there are potential civil and criminal consequences. While the explanatory notes do not specify explicit offences or penalties, non-compliance with the Authority's determinations or failure to meet the criteria set out in the Statement of Principles could result in denial of compensation claims. Claimants who do not meet the specified conditions for linking their condition to military service may face rejection of their claims for acceptance of liability under section 319 of the MRCA. Additionally, if the Authority determines that an individual has provided false information or engaged in fraudulent activities to qualify for compensation, they could face criminal charges and penalties as prescribed under the relevant Acts. The maximum penalties for such offences would be determined by the specific provisions of the VEA and MRCA.