REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 32 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. 47 of 1994, determined under subsection 196B(3) of the VEA concerning hepatitis E and death from hepatitis E.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 32 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 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 E or death from hepatitis E 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 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 Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 were enacted by the Parliament of Australia to provide various forms of support and compensation to veterans and service personnel. The Repatriation Medical Authority Instrument No. 32 of 2007 was introduced to address a gap in the existing legislation regarding the recognition of hepatitis E and death from hepatitis E as service-related conditions. The Authority revoked the previous instrument concerning hepatitis E and issued a new Statement of Principles, providing a framework for determining whether these conditions are connected to particular kinds of service, including eligible war service, defence service, and peacetime service. This change aims to ensure that affected veterans and service personnel can access the appropriate compensation and support by establishing the necessary medical-scientific evidence and updating the legal framework to reflect the latest research.
Scope and Application
The Repatriation Medical Authority has issued Instrument No. 32 of 2007 under the Veterans’ Entitlements Act 1986, revoking the previous Instrument No. 47 of 1994 concerning hepatitis E and death from hepatitis E. This new instrument establishes a Statement of Principles that defines the conditions under which hepatitis E or death from hepatitis E can be considered related to specific kinds of service, including eligible war service, defence service, and peacetime service. This instrument applies to claims for compensation under both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 for injuries, diseases, or deaths occurring on or after 1 July 2004. The Authority's determination is based on sound medical-scientific evidence and reflects the latest revised Instrument format, incorporating new definitions and factors such as exposure to the hepatitis E virus and pregnancy. No submissions were received during the investigation, and the instrument finalises the investigation as advertised in the Government Notices Gazette of 15 June 2005.
Key Provisions
The main sections of this legislation detail the Repatriation Medical Authority's (the Authority) determination to revoke Instrument No. 47 of 1994 and replace it with Instrument No. 32 of 2007 concerning hepatitis E. This change was made in light of new medical-scientific evidence, which indicates that hepatitis E and death from hepatitis E are more likely to be related to certain kinds of service than previously thought (section 2). The new Instrument No. 32 of 2007, which is referred to as a Statement of Principles, sets out the specific factors that need to be present for a connection to be made between hepatitis E or death from hepatitis E and the service rendered by a person (section 4). These factors must be related to eligible war service, defence service, or peacetime service as defined in the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The new instrument reflects the latest revised format, removes the ICD code from the Instrument header, revises the definition of 'hepatitis E', and introduces new factors and definitions, including exposure to the hepatitis E virus and being pregnant (section 6).
The Authority imposes certain obligations and requirements on parties involved in the claims process. It must determine Statements of Principles based on sound medical-scientific evidence, ensuring they reflect the most current understanding of conditions like hepatitis E (section 2). The Authority also advertises its intention to investigate and determines the new Instrument following an investigation, ensuring transparency and opportunity for input from relevant stakeholders (section 9). The new Instrument finalises the investigation into hepatitis E as advertised in the Government Notices Gazette of 15 June 2005 (section 10). Additionally, claims for compensation for service injuries, diseases, or deaths occurring after 1 July 2004 are assessed by the Military Rehabilitation and Compensation Commission, using the Statements of Principles issued by the Authority (section 3).
Offences and penalties for breaches are not explicitly detailed in the provided text, but given the nature of the legislation, any failure to comply with the Authority's determinations or the requirements of the Statements of Principles could result in civil or administrative consequences. These might include the denial of compensation claims if it is determined that the claimant has not met the criteria outlined in the Statements of Principles. The specific penalties would depend on the context and nature of the breach, but they would likely be addressed in the respective Acts (VEA and MRCA). The maximum penalties for such breaches are not specified in the provided text but would be outlined in the relevant sections of the VEA and MRCA.