REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 31 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. 46 of 1994, determined under subsection 196B(2) of the VEA concerning hepatitis E and death from hepatitis E.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that hepatitis E and death from hepatitis E 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. 31 of 2007 concerning hepatitis E. 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 E or death from hepatitis E, 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 E 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 E' in clause 3;
- new factor 6(a) concerning being exposed to the hepatitis E virus. This new factor also covers the previous factor concerning drinking water from an unhygienic water supply;
- new factor 6(b) concerning being pregnant;
- deleting the definition of 'ICD-code';
- including new definitions of 'being exposed to the hepatitis E virus'; 'death from hepatitis E'; '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 E 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 E 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. 31 of 2007, under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the issue of hepatitis E and death from hepatitis E related to particular kinds of military service. The Authority revoked the previous Instrument No. 46 of 1994, determining a new Statement of Principles concerning hepatitis E based on sound medical-scientific evidence. This new instrument aims to replace the revoked instrument and establish the minimum factors that must exist to connect hepatitis E or death from hepatitis E with service circumstances. It was developed following an investigation into hepatitis E, which involved examining available medical-scientific evidence and considering relevant service definitions. The new instrument adopts a revised format, clarifies the application to both the VEA and MRCA, and specifies definitions for key terms, finalising the investigation as advertised in the Government Notices Gazette of 15 June 2005.
Scope and Application
The Repatriation Medical Authority Instrument No. 31 of 2007, concerning hepatitis E, applies to veterans, service personnel, and their dependants who may have contracted hepatitis E or died from the condition during specific types of service as defined under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument is particularly relevant for individuals who have been involved in operational, peacekeeping, or hazardous service as well as warlike and non-warlike service under these Acts. The instrument delineates the necessary factors that must be present to establish a connection between hepatitis E or death from hepatitis E and the service rendered, providing a framework for determining eligibility for compensation. The instrument's application extends nationally across Australia, aligning with the jurisdictional reach of the VEA and MRCA. While the instrument does not explicitly state exclusions or thresholds, it is designed to replace the previously revoked Instrument No. 46 of 1994, thereby updating and clarifying the criteria for claims related to hepatitis E. The Authority's determination of this instrument concludes the investigation into hepatitis E, offering a definitive set of principles for evaluating related claims.
Key Provisions
The primary operative section of this legislation, section 196B(2) of the Veterans' Entitlements Act 1986 (VEA), empowers the Repatriation Medical Authority (the Authority) to determine Statements of Principles concerning diseases related to military service. In this case, the Authority has determined Instrument No. 31 of 2007, which outlines the conditions under which a reasonable hypothesis can be raised that hepatitis E or death from hepatitis E is connected to specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service (section 4). This new instrument replaces the previously revoked Instrument No. 46 of 1994. The Military Rehabilitation and Compensation Act 2004 (MRCA) provisions concerning compensation claims commenced on 1 July 2004, and the Authority's determinations under the VEA now apply to claims made under section 319 of the MRCA (section 3).
The Authority's determination imposes several obligations and requirements on parties and entities governed by the VEA and MRCA. The Statement of Principles in Instrument No. 31 of 2007 sets out specific factors that must exist to establish a link between hepatitis E or death from hepatitis E and particular types of military service. These factors include exposure to the hepatitis E virus, being pregnant, and other conditions outlined in section 4. The Authority must ensure that these factors are considered when assessing claims related to hepatitis E. Additionally, the Authority is required to advertise its intention to investigate and determine the new instrument, as well as invite submissions from relevant organisations and individuals, as per section 8. The Authority must also maintain a list of references relating to the condition, which can be provided upon written request (section 10).
There are no specific offences, penalties, or civil/criminal consequences outlined in the legislation for breaches of the Statement of Principles or related requirements. However, failure to comply with the provisions of the VEA and MRCA, including the Authority's determinations, may result in disputes or challenges to claims for compensation. The Authority may also face legal challenges if it is found to have acted outside the scope of its powers or in an unreasonable manner. The primary consequences for non-compliance would likely involve the denial of compensation claims or other administrative actions taken by the Authority or the Military Rehabilitation and Compensation Commission.