REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 63 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. 53 of 1995, as amended by Instrument No. 215 of 1995 determined under subsection 196B(2) of the VEA concerning haemophilia and death from haemophilia.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that haemophilia and death from haemophilia 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. 63 of 2007 concerning haemophilia. 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 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 haemophilia or death from haemophilia, 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 haemophilia 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 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 'haemophilia' in clause 3;
- new definitions of 'death from haemophilia'; 'ICD-10-AM code'; 'relevant service' and 'terminal event' in clause 6;
- deleting definition of 'ICD code' 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 haemophilia 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 haemophilia 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. 63 of 2007 was enacted to address the issue of haemophilia and death from haemophilia related to particular kinds of military service. This legislative instrument was introduced under the authority of subsection 196B(2) of the Veterans' Entitlements Act 1986, and it serves to revoke Instrument No. 53 of 1995, as amended, concerning the same condition. The policy objective of this instrument is to ensure that veterans and their families who have been affected by haemophilia receive appropriate recognition and compensation, by establishing a clear connection between haemophilia or death from haemophilia and specific types of military service. The Authority, which is the enacting body in this instance, determined the new Statement of Principles based on sound medical-scientific evidence, replacing the previous guidelines and ensuring that the process aligns with the requirements of both the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 63 of 2007, issued under subsection 196B(8) of the Veterans' Entitlements Act 1986, revokes the previous Instrument No. 53 of 1995, which pertained to haemophilia and death from haemophilia, as amended by Instrument No. 215 of 1995. This new instrument establishes a Statement of Principles concerning haemophilia, replacing the revoked statement. It applies to claims for compensation made under the Military Rehabilitation and Compensation Act 2004, specifically for service injuries, diseases, or deaths occurring on or after 1 July 2004. These claims are adjudicated by the Military Rehabilitation and Compensation Commission, which references the new Statement of Principles issued by the Authority. The Statement of Principles outlines the minimum conditions that must exist, relating to operational, peacekeeping, hazardous, warlike, or non-warlike service, before a reasonable hypothesis can be raised connecting haemophilia or death from haemophilia with the service circumstances. The instrument reflects the latest revised format and includes new definitions and specifications to clarify its application under both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.
Key Provisions
The main sections of the Repatriation Medical Authority Instrument No. 63 of 2007 under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA) involve the revocation of the previous instrument concerning haemophilia (subsection 196B(8) of the VEA) and the creation of a new Statement of Principles (subsection 196B(2) of the VEA). The Authority has determined that haemophilia and death from haemophilia can be related to specific types of service, thereby establishing new guidelines for claims (section 2). These guidelines outline the factors necessary for a reasonable hypothesis to connect haemophilia or death from haemophilia with the service rendered, including operational, peacekeeping, hazardous, warlike, and non-warlike service (section 4).
The obligations imposed by this Act require the Authority to base its determinations on sound medical-scientific evidence. Specifically, section 2 outlines that the Authority must consider the latest evidence to establish the relationship between haemophilia or death from haemophilia and the types of service mentioned. The Authority is also required to consult with relevant organisations and experts during the investigation process (section 8). Additionally, the new Statement of Principles must be applied in determining claims for compensation that commenced on or after 1 July 2004, as per section 319 of the MRCA (section 3).
The instrument also includes provisions that outline the penalties and consequences for non-compliance. Although specific penalties are not detailed in the explanatory notes, the general legal framework under the VEA and MRCA suggests that breaches may lead to legal actions or financial penalties. For instance, under the VEA, failure to adhere to the determined Statement of Principles could result in the denial of compensation claims or other legal repercussions. Similarly, under the MRCA, non-compliance with the new guidelines could impact the assessment and acceptance of liability for service injuries or diseases.
In summary, the Repatriation Medical Authority Instrument No. 63 of 2007 establishes new medical-scientific guidelines for haemophilia-related claims, imposes obligations on the Authority to consult with relevant stakeholders, and sets out the criteria for determining claims under both the VEA and MRCA. The consequences of non-compliance with these guidelines may include denial of compensation claims or other legal actions under the relevant Acts.