REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 30 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. 42 of 1994, determined under subsection 196B(3) of the VEA concerning hepatitis A and death from hepatitis A.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 30 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 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, hepatitis A or death from hepatitis A 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 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 Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted to provide a legislative framework for the recognition, assessment, and compensation of veterans and their dependants who have sustained injuries, contracted diseases, or died as a result of their service. The Repatriation Medical Authority, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, has revoked Instrument No. 42 of 1994 concerning hepatitis A and death from hepatitis A. In its place, the Authority has introduced Instrument No. 30 of 2007, which provides a Statement of Principles that outlines the factors necessary to establish a connection between hepatitis A or death from hepatitis A and certain kinds of service. The Authority has determined this new Instrument based on the sound medical-scientific evidence available, and the changes from the revoked Instrument include updates to the Instrument format, revisions to definitions, and the addition of new factors such as exposure to the hepatitis A virus. This legislative update aims to ensure that claims for compensation are assessed accurately and fairly in light of the latest medical evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 30 of 2007, under the Veterans’ Entitlements Act 1986, replaces the previous Instrument No. 42 of 1994 concerning hepatitis A, following the Authority's determination that there is now sufficient medical-scientific evidence to suggest a probable connection between hepatitis A or death from hepatitis A and specific types of service. This new Instrument applies to veterans and service personnel who have contracted hepatitis A or died from the condition, setting out the factors that must be related to their service to establish a connection on the balance of probabilities. The Instrument applies to eligible war service, defence service, and peacetime service as defined under the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act 2004. The geographic reach of this legislation is nationwide, applying across Australia. This Instrument also extends to cover claims for compensation commenced on or after 1 July 2004, as determined by the Military Rehabilitation and Compensation Commission. The Instrument does not specify any exclusions or exemptions, and its application is not restricted by thresholds. Subordinate instruments may further clarify or extend the application of the primary legislation.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 42 of 1994 concerning hepatitis A and death from hepatitis A under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA) and determined a new Statement of Principles, Instrument No. 30 of 2007. This new instrument supersedes the previous one and reflects updated medical-scientific evidence indicating a probable link between hepatitis A, death from hepatitis A, and particular kinds of service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The new Statement of Principles, outlined in section 4, establishes the factors that must exist and be related to specific types of service, including eligible war service, defence service, and peacetime service, for hepatitis A or death from hepatitis A to be considered connected to the circumstances of that service. This includes the addition of new factor 6(a), which pertains to exposure to the hepatitis A virus, and the revision of the definition of 'hepatitis A' in clause 3.
The Authority is required to determine Statements of Principles for the purposes of both the VEA and the MRCA, as stated in subsection 196B(3) and 196B(3A) of the VEA. This determination is in effect for claims for compensation that commenced on 1 July 2004 under the MRCA, where acceptance of liability for a service injury, disease, or death is determined by the Military Rehabilitation and Compensation Commission using the Authority's Statements of Principles.
In accordance with the VEA, the Authority must investigate and determine these Statements of Principles. This process includes public notification via the Government Notices Gazette and inviting submissions from relevant parties, though in this case, no submissions were received. The finalisation of this investigation, as detailed in section 9, is marked by the determination of the new instrument.
Failure to adhere to the provisions of the VEA and MRCA, particularly in determining Statements of Principles, could result in legal consequences for the Authority. While the explanatory notes do not explicitly state penalties, breaches of these legislative requirements could potentially lead to civil or administrative actions, including judicial review, depending on the specific circumstances and the nature of the non-compliance.