REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 64 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. 54 of 1995, as amended by Instrument No. 216 of 1995, determined under subsection 196B(3) of the VEA concerning haemophilia and death from haemophilia.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that haemophilia and death from haemophilia 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. 64 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 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, haemophilia or death from haemophilia 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 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. 64 of 2007, enacted under subsection 196B(8) of the Veterans' Entitlements Act 1986, addresses the gap in understanding the connection between haemophilia, death from haemophilia, and military service. This legislation was introduced by the Repatriation Medical Authority, which determined a new Statement of Principles concerning haemophilia, revoking the previous Instrument No. 54 of 1995. The new instrument, informed by the latest medical-scientific evidence, outlines the specific factors and types of service that must exist for haemophilia or death from haemophilia to be considered connected to military service, under both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority's determination finalises an investigation into haemophilia that was notified in the Government Notices Gazette of 15 June 2005, and although no submissions were received, the Authority proceeded with the investigation based on the available evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 64 of 2007 under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 addresses the issue of haemophilia and death from haemophilia in relation to service rendered by a person. This legislation applies to individuals who have engaged in eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service, and who may have contracted haemophilia or died from haemophilia as a result of such service. The instrument applies nationally, given the federal nature of the Acts under which it is determined. The Authority revoked the previous Instrument No. 54 of 1995, as amended, and issued this new statement based on the latest medical-scientific evidence, which suggests a probable connection between haemophilia, death from haemophilia, and certain kinds of service. This instrument, effective as of its specified date, replaces the previous one and is used by the Military Rehabilitation and Compensation Commission to determine claims for compensation under the Military Rehabilitation and Compensation Act 2004.
Key Provisions
The main operative sections of this legislation (section 2) revoke Instrument No. 54 of 1995 concerning haemophilia and replace it with Instrument No. 64 of 2007. The Repatriation Medical Authority (the Authority) has determined a new Statement of Principles regarding haemophilia, reflecting the latest sound medical-scientific evidence. This new instrument outlines the circumstances under which haemophilia or death from haemophilia can be related to particular kinds of service, specifically eligible war service (other than operational service), defence service (other than hazardous service), and peacetime service. The instrument adopts the revised Instrument format that commenced in 2005 and includes several definitional changes, such as the definition of 'haemophilia' and the introduction of new terms like 'death from haemophilia', 'ICD-10-AM code', 'relevant service', and 'terminal event'. The new instrument specifies a date of effect and clarifies its applicability to both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.
The obligations and requirements imposed by the Act include the Authority's responsibility to investigate and determine Statements of Principles based on sound medical-scientific evidence. The Authority must advertise its intention to investigate in the Government Notices Gazette and invite submissions from relevant parties, including the Repatriation Commission, organisations representing veterans and service personnel, and experts in the field. In this case, although submissions were invited, none were received for consideration. The Authority's determination of the new Statement of Principles concludes the investigation into haemophilia, as advertised on 15 June 2005. Additionally, the Authority must ensure that the new instrument is consistent with both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, reflecting the latest format and definitions.
Offences, penalties, or civil/criminal consequences for breach of the provisions of this legislation are not explicitly detailed in the explanatory notes. However, non-compliance with the Authority’s determinations or failure to adhere to the stipulated processes could potentially result in legal challenges or disputes over entitlements. For instance, if a claim for compensation is made under the Military Rehabilitation and Compensation Act 2004 and the claim does not align with the factors set out in the Statement of Principles, it may be rejected by the Military Rehabilitation and Compensation Commission. While specific penalties are not stated, the implications of such breaches could involve protracted legal proceedings, financial disputes, and potential reputational damage for the parties involved. The precise consequences would depend on the specific circumstances and the applicable laws governing veterans’ entitlements and compensation claims.