REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 64 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. 137 of 1995, determined under subsection 196B(2) of the VEA concerning ancylostomiasis and death from ancylostomiasis.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that hookworm disease and death from hookworm disease 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. 64 of 2008 concerning hookworm disease. 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 hookworm disease or death from hookworm disease, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning ancylostomiasis 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;
- changing the name of the Instrument from 'ancylostomiasis' to 'hookworm disease';
- deleting the definition of 'ancylostomiasis' and replacing it with the definition of 'hookworm disease' in clause 3;
- inserting new factor 6(a) concerning 'having cutaneous or mucosal contact with Ancylostoma duodenale hookworm larvae';
- inserting new factor 6(b) concerning 'having cutaneous or mucosal contact with Necator americanus hookworm larvae';
- revising the existing factor (a) and replacing it with 6(c) concerning 'being in an area endemic for Ancylostoma duodenale hookworm' and 6(d) concerning 'being in an area endemic for Necator americanus hookworm'
- inserting new definitions of "an area endemic for Ancylostoma duodenale hookworm", "an area endemic for Necator americanus hookworm", "death from hookworm disease", "ICD-10-AM code", "relevant service", and "terminal event" in clause 9;
- deleting definition of "ICD code";
- deleting the "Schedule"; 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 ancylostomiasis in the Government Notices Gazette of 2 May 2007, 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 ancylostomiasis as advertised in the Government Notices Gazette of 2 May 2007.
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. 64 of 2008, under subsection 196B(8) of the Veterans' Entitlements Act 1986, revokes the previous Instrument No. 137 of 1995 concerning ancylostomiasis and death from ancylostomiasis. This change was prompted by the Authority's determination of a new Statement of Principles regarding hookworm disease, based on sound medical-scientific evidence indicating a link between the disease and certain types of service. The new Instrument, which replaces the revoked one, specifies the minimum factors required to establish a connection between hookworm disease or death from hookworm disease and particular service conditions. This legislative update aims to address the identified medical-scientific evidence and improve the process for assessing related compensation claims.
Scope and Application
The Repatriation Medical Authority, under the authority of the Veterans' Entitlements Act 1986, has issued Instrument No. 64 of 2008, which revokes the previous Instrument No. 137 of 1995 related to ancylostomiasis and death from ancylostomiasis. This new instrument pertains to hookworm disease and its relation to certain types of military service. It establishes a Statement of Principles that outlines the minimum factors that must be present and related to specified types of military service, such as operational, peacekeeping, hazardous, warlike, and non-warlike service, to establish a reasonable hypothesis connecting hookworm disease or death from hookworm disease with the circumstances of the service rendered. This new instrument applies to veterans who contracted hookworm disease or died from it during or after their service, with the date of effect specified in the Instrument. The application of this instrument is determined by the Military Rehabilitation and Compensation Commission for claims related to injuries, diseases, or deaths occurring on or after 1 July 2004, under the Military Rehabilitation and Compensation Act 2004. The instrument's scope and application are further clarified and updated to reflect the commencement of the MRCA and the revised Instrument format.
Key Provisions
The Repatriation Medical Authority (the Authority), under section 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 137 of 1995 concerning ancylostomiasis and death from ancylostomiasis. In its place, the Authority has issued Instrument No. 64 of 2008 concerning hookworm disease, reflecting recent medical-scientific evidence that links certain types of service with hookworm disease and death from the disease. The Authority's determination under section 196B(2) of the VEA establishes a Statement of Principles that will replace the revoked instrument.
This new instrument outlines the factors that must exist, and which of those factors must be related to specific types of service, to establish a reasonable hypothesis connecting hookworm disease or death from hookworm disease with the circumstances of service. These types of service include operational service, peacekeeping service, hazardous service under the VEA, warlike service, and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA). Claims for compensation related to service injuries, diseases, or deaths occurring on or after 1 July 2004 are assessed by the Military Rehabilitation and Compensation Commission, using Statements of Principles issued by the Authority.
The Authority’s determination includes a comprehensive investigation into ancylostomiasis, notified in the Government Notices Gazette of 2 May 2007 under section 196G of the VEA. The new Instrument No. 64 of 2008 adopts the latest format, updates terminology from 'ancylostomiasis' to 'hookworm disease', and includes new definitions and factors related to hookworm larvae and endemic areas. Notably, the Authority received no submissions from stakeholders during this investigation, which has now concluded with the finalisation of the new Statement of Principles.
The Act imposes several obligations and requirements on the parties involved. The Authority is tasked with determining Statements of Principles that link specific service conditions with diseases such as hookworm disease. This involves reviewing medical-scientific evidence and engaging with stakeholders. The Military Rehabilitation and Compensation Commission must then apply these Statements of Principles when assessing claims for compensation for service-related injuries, diseases, or deaths. Claimants must provide evidence that aligns with the factors outlined in the Statement of Principles to substantiate their claims.
Failure to comply with the requirements or misrepresent information in claims may result in civil or criminal consequences. The specific penalties for breaches are not detailed in the explanatory notes, but breaches of similar legislation often include fines, restitution, or other corrective actions. The severity of the penalty would depend on the nature and intent behind the breach, with potential maximum penalties outlined in related statutes.