REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 6 of 2010
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. 2 of 1996, determined under subsection 196B(3) of the VEA concerning human immunodeficiency virus.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that human immunodeficiency virus and death from human immunodeficiency virus 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. 6 of 2010 concerning human immunodeficiency virus. 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 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, human immunodeficiency virus or death from human immunodeficiency virus 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 25 June 2008 concerning human immunodeficiency virus 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 'human immunodeficiency virus' in clause 3;
- subsuming existing factors (a) to (f) into one factor 6(a) concerning being exposed to HIV-1 or HIV-2;
- new definitions of "a specified body substance", "being exposed to HIV-1 or HIV-2", "death from human immunodeficiency virus", "ICD-10-AM code", and "terminal event" in clause 9;
- revising definition of "relevant service" in clause 9;
- deleting definitions of "artificial insemination", "blood product injection", "body fluids", "clinical evidence of infection with human immunodeficiency virus", "ICD code", "laceration", "parenteral drug user", "sexual intercourse", and "unprotected 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 human immunodeficiency virus in the Government Notices Gazette of 25 June 2008, 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 human immunodeficiency virus as advertised in the Government Notices Gazette of 25 June 2008.
10. A list of references relating to the above condition is available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA. Any such request must be made in writing to the Repatriation Medical Authority at the following address:
The Registrar
Repatriation Medical Authority Secretariat
GPO Box 1014
BRISBANE QLD 4001
Overview
The Repatriation Medical Authority Instrument No. 6 of 2010 was enacted to address the connection between human immunodeficiency virus (HIV) and particular kinds of military service, replacing the previous Instrument No. 2 of 1996. The enactment responds to the need for updated medical-scientific evidence concerning the relationship between HIV, death from HIV, and military service. The Authority, under subsection 196B(8) of the Veterans’ Entitlements Act 1986, determined the new Statement of Principles based on the sound medical-scientific evidence available, concluding that it is more probable than not that HIV and death from HIV can be related to specific types of military service. This new instrument ensures that claims for compensation concerning HIV, sustained on or after 1 July 2004, are assessed according to the updated medical understanding and legislative framework.
Scope and Application
The Veterans' Entitlements Act 1986, as amended and in conjunction with the Military Rehabilitation and Compensation Act 2004, establishes the framework for the Repatriation Medical Authority to determine Statements of Principles concerning service-related conditions, including human immunodeficiency virus (HIV). This particular legislation, Instrument No. 6 of 2010, pertains to the connection between HIV and specific types of service rendered by individuals, including eligible war service, defence service, and peacetime service. This Statement of Principles outlines the factors that need to be present and linked to the service circumstances for it to be concluded on the balance of probabilities that HIV or death from HIV is connected with the service. The Instrument applies to claims for compensation for injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004, which are assessed by the Military Rehabilitation and Compensation Commission. The Instrument does not explicitly exclude any groups or entities, but its application is contingent on the service-related factors outlined within the document. Subordinate instruments may further refine or expand upon the application of this Act.
Key Provisions
The main operative sections of this legislation involve the revocation of a previous instrument (Instrument No. 2 of 1996) concerning human immunodeficiency virus (HIV) under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) (1). This is replaced by a new instrument (Instrument No. 6 of 2010) which outlines the Statement of Principles determining that it is more probable than not that HIV and death from HIV can be related to particular kinds of service (2). The new instrument provides a framework for determining claims for compensation for service injuries, service diseases, or service deaths on or after 1 July 2004, by reference to the Statements of Principles issued by the Repatriation Medical Authority (3). The new instrument sets out the factors that must exist, and which of those factors must be related to eligible war service, defence service, or peacetime service, before it can be said that, on the balance of probabilities, HIV or death from HIV is connected with the circumstances of that service (4).
The obligations and requirements imposed by the Act include the Repatriation Medical Authority’s responsibility to determine Statements of Principles concerning HIV, based on sound medical-scientific evidence. The Authority must undertake an investigation, notify relevant parties of its intention to investigate, and invite submissions from interested parties (8). The Military Rehabilitation and Compensation Commission is responsible for determining claims for compensation by reference to the Statements of Principles issued by the Authority (3). Parties or entities governed by this Act must adhere to the criteria and factors outlined in the new Instrument No. 6 of 2010 when making claims for compensation related to HIV (4). The Authority must also make a list of references relating to the condition available to any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA upon request (10).
There are no specific offences, penalties, or civil/criminal consequences outlined in the explanatory statement for breach of the provisions of this Act. However, failure to comply with the requirements for determining claims for compensation or providing the necessary evidence to support a claim may result in the claim being denied. The maximum penalties for offences under the VEA or the Military Rehabilitation and Compensation Act 2004 would apply in cases of fraud or misrepresentation in the context of making a claim. It is essential for parties or entities governed by this Act to adhere to the criteria and factors outlined in the new Instrument No. 6 of 2010 to ensure their claims are valid and supported by the necessary evidence.