REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 29 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. 41 of 1994, determined under subsection 196B(2) of the VEA concerning hepatitis A and death from hepatitis A.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that hepatitis A and death from hepatitis A 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. 29 of 2007 concerning hepatitis A. 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 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 hepatitis A or death from hepatitis A, 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 hepatitis A 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 'hepatitis A' in clause 3;
- new factor 6(a) concerning being exposed to the hepatitis A virus. This new factor also covers the previous factors concerning overcrowded living conditions or poor hygiene, and blood transfusion or blood product injection;
- deleting the definitions of 'blood products injection'; and 'ICD-code';
- including new definitions of 'being exposed to the hepatitis A virus'; 'death from hepatitis A'; 'ICD-10-AM code'; 'relevant service'; and 'terminal event', in clause 9; 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 hepatitis A 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 hepatitis A 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. 29 of 2007 was enacted to address the relationship between hepatitis A, death from hepatitis A, and specific types of military service. This instrument was established under subsection 196B(2) of the Veterans' Entitlements Act 1986, aiming to provide clear criteria for determining whether hepatitis A or death from hepatitis A can be connected to operational, peacekeeping, hazardous, warlike, or non-warlike service. The instrument revokes the previous Instrument No. 41 of 1994 and incorporates new medical-scientific evidence to better align with the current understanding of hepatitis A. It also takes into account the provisions of the Military Rehabilitation and Compensation Act 2004, which governs claims for compensation from 1 July 2004 onwards. The Authority conducted an investigation into hepatitis A, which was notified in the Government Notices Gazette of 15 June 2005, and finalised the instrument to provide a comprehensive Statement of Principles for the purposes of both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority Instrument No. 29 of 2007, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, establishes a Statement of Principles concerning hepatitis A. This instrument applies to veterans and their dependents who have contracted hepatitis A or died from it, and who served in operational, peacekeeping, hazardous, warlike, or non-warlike services. The instrument revokes the previous instrument concerning hepatitis A, Instrument No. 41 of 1994, and it is applicable to claims for compensation that commenced on 1 July 2004. The instrument has a national reach in Australia, and its application extends to both the Commonwealth and state/territory levels, as the Authority determines the Statements of Principles for the purposes of both the VEA and the MRCA. The instrument does not specify any exclusions or exemptions, but rather sets out the minimum factors that must exist to establish a reasonable hypothesis connecting hepatitis A or death from hepatitis A with service circumstances. The Authority may make further determinations or amendments through subordinate instruments as necessary.
Key Provisions
The key operative sections of the Repatriation Medical Authority Instrument No. 29 of 2007 relate to the determination of a Statement of Principles concerning hepatitis A under subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA). This new instrument revokes the previous Instrument No. 41 of 1994, which dealt with hepatitis A and death from hepatitis A. The new instrument outlines the factors that must exist to establish a reasonable hypothesis connecting hepatitis A or death from hepatitis A with service rendered by a person, including operational, peacekeeping, hazardous, warlike, and non-warlike service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The new instrument also incorporates the latest revised format and includes updated definitions and factors, such as exposure to the hepatitis A virus, to reflect current medical-scientific evidence.
The Repatriation Medical Authority imposes specific obligations on parties and entities governed by this Act. These obligations include the requirement for the Authority to determine Statements of Principles for veterans' claims concerning service-related conditions, such as hepatitis A. The Authority must undertake investigations, consider submissions from relevant parties, and ensure that the Statements of Principles are based on sound medical-scientific evidence. Additionally, the Authority must advertise its intention to investigate and finalise the investigation in the Government Notices Gazette, ensuring transparency and providing an opportunity for relevant stakeholders to submit their views.
Breaches of the provisions under the VEA and MRCA can result in various consequences, including both civil and criminal penalties. Under the VEA, individuals or entities that fail to comply with the requirements for determining Statements of Principles or misrepresent information may face administrative penalties. Under the MRCA, those who make false or misleading claims for compensation may be subject to prosecution, which could result in fines and imprisonment. The specific penalties are determined by the relevant legislation and may vary depending on the severity and intent of the breach. For instance, under the MRCA, the maximum penalty for providing false information can include fines up to a certain amount and imprisonment for a specified duration, as outlined in the relevant sections of the Act.