REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 13 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. 57 of 1995 of 20 February 1995, determined under subsection 196B(2) of the VEA concerning hereditary spherocytosis and death from hereditary spherocytosis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that hereditary spherocytosis and death from hereditary spherocytosis 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. 13 of 2007 concerning hereditary spherocytosis. 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 hereditary spherocytosis or death from hereditary spherocytosis, 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 hereditary spherocytosis 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 'hereditary spherocytosis' in clause 3;
- new factor 6(a) concerning acute viral infection relating to the clinical worsening of hereditary spherocytosis;
- new factor 6(b) concerning infection or inflammatory disease process relating to the clinical worsening of hereditary spherocytosis;
- new factor 6(c) concerning pregnancy relating to the clinical worsening of hereditary spherocytosis;
- deleting the definition of 'ICD code';
- including new definitions of 'death from hereditary spherocytosis'; '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 hereditary spherocytosis 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 hereditary spherocytosis 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. 13 of 2007 was enacted to address the issue of hereditary spherocytosis and its relation to various types of military service, including operational, peacekeeping, and hazardous service, as well as warlike and non-warlike service. This instrument was introduced to replace a previous statement of principles, Instrument No. 57 of 1995, and was determined under subsection 196B(2) of the Veterans' Entitlements Act 1986. The objective of this instrument is to outline the minimum factors that must exist for a reasonable hypothesis to be raised connecting hereditary spherocytosis or death from hereditary spherocytosis with the circumstances of military service. This was enacted by the Repatriation Medical Authority, under subsection 196B(8) of the Veterans' Entitlements Act 1986, in order to ensure that claims for compensation related to hereditary spherocytosis are determined based on sound medical-scientific evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 13 of 2007 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 addresses hereditary spherocytosis, establishing a Statement of Principles to connect this condition and related deaths with specific types of military service, namely operational, peacekeeping, hazardous, warlike, and non-warlike service. This Act applies to veterans and service personnel who have rendered the specified types of service and who may claim compensation or benefits related to hereditary spherocytosis or its consequences. The instrument is applicable nationally within Australia, covering all Commonwealth veterans and service personnel, and its application is determined through the Military Rehabilitation and Compensation Commission for claims initiated post 1 July 2004. The Authority's decision incorporates the latest medical-scientific evidence, replacing previous Statements of Principles, and includes specific definitions and conditions related to the clinical presentation and worsening of hereditary spherocytosis, including new factors such as acute viral infection, pregnancy, and other inflammatory conditions. This instrument does not specify any exclusions or exemptions, but its application may be further refined through subordinate legislation or administrative guidelines.
Key Provisions
The Repatriation Medical Authority (the Authority) has, pursuant to subsection 196B(2) of the Veterans' Entitlements Act 1986 (VEA), determined a new Statement of Principles, Instrument No. 13 of 2007, concerning hereditary spherocytosis. This new instrument replaces the previously revoked Instrument No. 57 of 1995. The Statement of Principles outlines the minimum factors that must exist to connect hereditary spherocytosis or death from hereditary spherocytosis with particular kinds of military service, including operational, peacekeeping, and hazardous service under the VEA, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). These factors must be related to the service in question for a reasonable hypothesis to be raised regarding the connection between the condition and the service.
Under this Act, the Authority has specific obligations to determine Statements of Principles for conditions related to military service. This involves examining sound medical-scientific evidence and consulting with relevant organisations and experts. The Authority must advertise its intention to investigate in the Government Notices Gazette and invite submissions from interested parties. In the case of hereditary spherocytosis, the Authority conducted an investigation and determined the new Statement of Principles, finalising the investigation process. Additionally, the Authority is required to keep a list of references relating to the condition available upon request.
Entities governed by the Act, particularly those involved in the administration of veterans' entitlements and military rehabilitation and compensation, must adhere to the Statements of Principles determined by the Authority. These entities include the Military Rehabilitation and Compensation Commission, which must determine claims for compensation under section 319 of the MRCA by referencing the Authority's Statements of Principles. Service members and their dependants must provide evidence that meets the criteria set out in the relevant Statement of Principles when making claims related to hereditary spherocytosis or death from hereditary spherocytosis.
There are no explicit offences, penalties, or consequences for breach detailed in the legislation itself. However, the administration of the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 involves stringent procedural requirements. Failure to comply with these requirements could potentially result in administrative penalties or the denial of claims. The precise nature of such consequences would be determined by the specific provisions of these Acts and the administrative guidelines issued under them.