REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 56 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. 45 of 1995, determined under subsection 196B(2) of the VEA concerning hepatitis D and death from hepatitis D.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that hepatitis D and death from hepatitis D 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. 56 of 2008 concerning hepatitis D. 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 D or death from hepatitis D, 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 D 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 D' in clause 3;
- subsuming existing factors (a) to (e) into one factor 6(a) concerning 'being exposed to the hepatitis D virus';
- inserting new definitions of "a specified body substance", "being exposed to the hepatitis D virus", "death from hepatitis D", "ICD-10-AM code", "relevant service", and "terminal event" in clause 9;
- deleting definitions of "blood product injection", "body fluids", "ICD 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 D 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 D 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. 56 of 2008, under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the issue of hepatitis D and death from hepatitis D related to military service. This legislation was developed in response to an investigation initiated by the Authority, published in the Government Notices Gazette on 8 November 2006, and involves a comprehensive examination of the latest medical-scientific evidence. The policy objective of this instrument is to establish clear criteria for claims related to hepatitis D, ensuring that those affected by the disease or its consequences during their service can seek appropriate compensation. The instrument revokes the previous Statement of Principles concerning hepatitis D, and adopts a new format that aligns with the commencement of the MRCA, providing a standardised approach for both the VEA and the MRCA.
Scope and Application
The Repatriation Medical Authority Instrument No. 56 of 2008, made under the Veterans' Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), establishes a Statement of Principles concerning hepatitis D, replacing the previous Instrument No. 45 of 1995. This new instrument applies to veterans and service personnel who contracted hepatitis D or died from it due to their service, covering operational, peacekeeping, hazardous, warlike, and non-warlike service. The instrument serves to determine the eligibility for compensation claims filed on or after 1 July 2004 by the Military Rehabilitation and Compensation Commission, referencing these Statements of Principles. The Authority's decision is based on sound medical-scientific evidence linking hepatitis D or death from it to specific service conditions, with the new instrument adopting a revised format and clarifying its applicability under both the VEA and the MRCA. Any changes to the instrument's application or scope can be made through subsequent instruments, but the current document provides a comprehensive framework for assessing claims related to hepatitis D in the veteran community.
Key Provisions
The Repatriation Medical Authority (the Authority) under section 196B(8) of the Veterans' Entitlements Act 1986 (VEA) has revoked Instrument No. 45 of 1995 concerning hepatitis D and death from hepatitis D, and replaced it with Instrument No. 56 of 2008. This new Instrument, a Statement of Principles, is based on sound medical-scientific evidence that indicates a connection between hepatitis D, death from hepatitis D, and certain types of service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The new Instrument applies to claims for compensation related to service injuries, diseases, or deaths that commenced on or after 1 July 2004, and it sets out the minimum factors that must exist to establish a connection between hepatitis D, death from hepatitis D, and the service rendered by a person.
The Statement of Principles outlines specific kinds of service that must be considered, including operational, peacekeeping, hazardous, warlike, and non-warlike service, under both the VEA and the MRCA. To establish a reasonable hypothesis connecting hepatitis D or death from hepatitis D with the circumstances of service, these factors must be related to the service rendered. The Authority's determination of this new instrument follows an investigation into hepatitis D, as announced in the Government Notices Gazette of 8 November 2006, under section 196G of the VEA. The Authority invited submissions from relevant organisations and individuals but received none for consideration during the investigation.
The new Instrument adopts the latest revised format, which commenced in 2005, and includes several changes compared to the revoked Instrument. These changes include deleting the ICD code from the Instrument header, revising the definition of 'hepatitis D', and consolidating existing factors into one factor concerning exposure to the hepatitis D virus. The Instrument also includes new definitions for terms such as 'a specified body substance', 'being exposed to the hepatitis D virus', 'death from hepatitis D', 'ICD-10-AM code','relevant service', and 'terminal event'. Definitions for terms such as 'blood product injection', 'body fluids', 'ICD code', 'parenteral drug user', and'sexual intercourse' have been removed.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of this Instrument. However, claims under section 319 of the MRCA for acceptance of liability for a service injury, disease, or 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. The Authority's determination of this new Statement of Principles is the final outcome of the investigation into hepatitis D, as advertised in the Government Notices Gazette of 8 November 2006. A list of references relating to the condition is available on written request from the Repatriation Medical Authority Secretariat.