REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 42 of 2008
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. 27 of 2004, determined under subsection 196B(3) of the VEA concerning haemorrhoids and death from haemorrhoids.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that haemorrhoids and death from haemorrhoids 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. 42 of 2008 concerning haemorrhoids. 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, haemorrhoids or death from haemorrhoids 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 20 December 2006 concerning haemorrhoids 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 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;
- revising the definition of 'haemorrhoids' in clause 3;
- revising definition of 'ICD-10-AM code' in clause 9;
- 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 haemorrhoids in the Government Notices Gazette of 20 December 2006, 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 haemorrhoids as advertised in the Government Notices Gazette of 20 December 2006.
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. 42 of 2008, issued under the Veterans’ Entitlements Act 1986, was introduced to address the issue of haemorrhoids and death from haemorrhoids in relation to service rendered by individuals. The Authority determined that it is more probable than not that haemorrhoids and death from haemorrhoids can be related to particular kinds of service, thus necessitating a new Statement of Principles to replace the revoked Instrument No. 27 of 2004. The Repatriation Medical Authority, operating under subsection 196B(3) of the Veterans’ Entitlements Act 1986, conducted an investigation into haemorrhoids as notified in the Government Notices Gazette of 20 December 2006, culminating in the creation of this new instrument. The policy objective of this instrument is to ensure that claims for compensation for haemorrhoids and death from haemorrhoids are assessed in accordance with the most recent medical-scientific evidence and the revised Instrument format.
Scope and Application
The Repatriation Medical Authority Instrument No. 42 of 2008, concerning haemorrhoids, applies to veterans, service personnel and their dependants, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority has determined a Statement of Principles for the connection between haemorrhoids or death from haemorrhoids and particular kinds of service, replacing the previously revoked Instrument No. 27 of 2004. The new instrument is applicable to claims for compensation that commenced on 1 July 2004, and it determines the factors that must exist for a connection to be made between haemorrhoids or death from haemorrhoids and the service circumstances. The Instrument specifies that the determination is for both the VEA and the MRCA, and the changes to the format of the Instrument reflect the commencement of the MRCA. This instrument replaces the previous one, which was revoked, and finalises the investigation into haemorrhoids as advertised in the Government Notices Gazette of 20 December 2006.
Key Provisions
The Repatriation Medical Authority, under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA), has revoked Instrument No. 27 of 2004, which concerned haemorrhoids and death from haemorrhoids. This decision is based on the sound medical-scientific evidence indicating a probable relationship between haemorrhoids, death from haemorrhoids, and particular kinds of military service. In its place, the Authority has issued Instrument No. 42 of 2008, a Statement of Principles concerning haemorrhoids, which outlines the specific circumstances under which haemorrhoids or death from haemorrhoids can be related to service. These circumstances include eligible war service, defence service, and peacetime service, as defined under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The new instrument imposes specific obligations on claimants, requiring them to demonstrate that their haemorrhoids or death from haemorrhoids meets the criteria outlined in the Statement of Principles. This involves proving that the condition is connected to their military service, considering the factors listed in the new Instrument. For claims concerning service injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, the Military Rehabilitation and Compensation Commission determines the acceptance of liability by referencing these Statements of Principles. The process is meticulous, ensuring that the evidence aligns with the medical-scientific standards set forth by the Authority.
Breaches of the provisions outlined in the new Instrument may lead to various legal consequences. Under the VEA and the MRCA, failure to adhere to the requirements for claiming compensation or misrepresenting service-related conditions can result in civil or criminal penalties. The specific penalties depend on the nature and severity of the breach, but they can include fines and, in more severe cases, imprisonment. The maximum penalties are determined in accordance with the respective Acts, ensuring that the legal framework provides a robust mechanism for enforcing compliance.
The Authority's decision to revoke and replace the previous instrument reflects a thorough investigation and review of the available medical-scientific evidence. This process included public consultation, where the Authority invited submissions from relevant stakeholders but did not receive any during the investigation. The new Instrument adopts a revised format, clarifies the definition of key terms, and specifies the effective date, enhancing the precision and applicability of the legal standards governing claims related to haemorrhoids. The Authority's commitment to ensuring that the evidence base for its decisions remains current and reliable is evident in its methodical approach to determining these Statements of Principles.