REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 52 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. 11 of 1999, determined under subsection 196B(2) of the VEA concerning hepatitis B and death from hepatitis B.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that hepatitis B and death from hepatitis B 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. 52 of 2008 concerning hepatitis B. 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 hepatitis B or death from hepatitis B, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 8 November 2006 concerning hepatitis B 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;
- deleting the ICD code from the Instrument header;
- revising the definition of 'hepatitis B' in clause 3;
- revising factor 6(a) concerning 'recent infection' now using the term 'acute infection';
- revising factor 6(b) concerning 'non-recent infection' now using the term 'chronic infection';
- inserting new factor 6(c) concerning 'being in an area where the prevalence of hepatitis B is at least 2%';
- inserting new factor 6(d) concerning 'immunosuppressed state';
- inserting new factor 6(e) concerning 'therapeutic radiation to the region of the liver';
- inserting new factor 6(f) concerning 'being infected with hepatitis A, hepatitis C, hepatitis D or hepatitis E';
- inserting new factor 6(g) concerning 'alcohol';
- inserting new factor 6(h) concerning 'diabetes mellitus';
- inserting new definitions of "a course of therapeutic radiation", "a specified body substance", "being exposed to the hepatitis B virus", "being in an immunosuppressed state", and "ICD-10-AM code" in clause 9;
- revising definition of "relevant service" in clause 9;
- deleting definitions of "blood product injection", "body fluids", "evidence of non-recent infection", "evidence of recent infection", "ICD-9-CM code", "parenteral drug user", and "sexual intercourse"; 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 B in the Government Notices Gazette of 8 November 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 hepatitis B as advertised in the Government Notices Gazette of 8 November 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. 52 of 2008, under the Veterans' Entitlements Act 1986, addresses the issue of hepatitis B and death from hepatitis B related to military service by establishing a new Statement of Principles. This instrument revokes the previous Statement of Principles concerning hepatitis B, Instrument No. 11 of 1999, reflecting the latest medical-scientific evidence. The Repatriation Medical Authority, authorised by the Veterans' Entitlements Act, has determined this new Statement of Principles to clarify the connection between hepatitis B, death from hepatitis B, and various types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. This new instrument ensures that claims for compensation for injuries or diseases sustained or contracted on or after 1 July 2004 are evaluated according to the updated criteria.
Scope and Application
The Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, through Instrument No. 52 of 2008 issued by the Repatriation Medical Authority, address claims related to hepatitis B and death from hepatitis B. This instrument applies to individuals who have served in operational, peacekeeping, hazardous, warlike, or non-warlike services under these Acts. The Authority's Statement of Principles outlines the factors required to establish a connection between hepatitis B or death from hepatitis B and specific service types. The instrument revokes the previous Statement of Principles from 1999, reflecting updated medical-scientific evidence and revised terminology. It also incorporates changes to accommodate the Military Rehabilitation and Compensation Act 2004, which governs claims for compensation from 1 July 2004 onwards. The Authority considers the instrument applicable for both the Veterans' Entitlements Act and the Military Rehabilitation and Compensation Act, ensuring consistency in determining claims for related conditions.
Key Provisions
The Repatriation Medical Authority has revoked Instrument No. 11 of 1999, which was related to hepatitis B and death from hepatitis B, and has issued a new Instrument No. 52 of 2008 (section 2). This new instrument aims to replace the revoked one, providing a more up-to-date and comprehensive framework for assessing claims related to hepatitis B and death from hepatitis B. The Authority determined this new Statement of Principles based on sound medical-scientific evidence indicating a connection between hepatitis B and certain types of service (section 2). Claims for compensation related to service injuries, diseases, or deaths occurring on or after 1 July 2004 are governed by the Military Rehabilitation and Compensation Act 2004 (MRCA) and are determined by the Military Rehabilitation and Compensation Commission with reference to Statements of Principles issued by the Authority (section 3).
The Statement of Principles outlines the minimum factors that must exist to establish a reasonable hypothesis connecting hepatitis B or death from hepatitis B with the service circumstances (section 4). These factors relate to various types of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service under the Veterans' Entitlements Act 1986 (VEA) and the MRCA. The new Instrument incorporates the latest format adopted in 2005 and includes several revisions and additions to the previous Instrument, such as updated definitions, new factors, and the insertion of new terms and conditions (sections 5-7). The Authority conducted an investigation into hepatitis B, as notified in the Government Notices Gazette of 8 November 2006, and invited submissions from relevant parties, although no submissions were received for consideration (section 8).
The new Instrument addresses the investigation and sets out the factors and conditions that must be met for claims related to hepatitis B and death from hepatitis B. The Authority emphasises that this Instrument is determined for the purposes of both the VEA and the MRCA, ensuring clarity and consistency in the assessment process (section 7). The Authority’s decision-making process involved reviewing the latest medical-scientific evidence and consulting with relevant stakeholders. The Authority advertised its intention to investigate in the Government Notices Gazette of 8 November 2006 and invited submissions from the Repatriation Commission, organisations, persons, and experts (section 8). The new Instrument finalises the investigation and provides a definitive framework for assessing claims related to hepatitis B and death from hepatitis B (section 9).
Failure to comply with the provisions of this Instrument may result in various consequences, including the denial of claims for compensation related to hepatitis B or death from hepatitis B. The Authority may reject a claim if it is determined that the necessary factors and conditions specified in the Statement of Principles have not been met. Additionally, any misleading or false information provided in a claim may result in further penalties or legal consequences. While the explanatory statement does not specify particular offences or penalties, breaches of the provisions could potentially lead to civil or criminal liability under the relevant Acts (sections 2, 3, and 4). It is essential for claimants and their representatives to ensure that all claims are substantiated by accurate and complete information to avoid adverse outcomes.