REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 8 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. 52 of 1996, determined under subsection 196B(3) of the VEA concerning human T-cell lymphotropic virus type-1.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that human T-cell lymphotropic virus type-1 and death from human T-cell lymphotropic virus type-1 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. 8 of 2010 concerning human T-cell lymphotropic virus type-1. 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 T-cell lymphotropic virus type-1 or death from human T-cell lymphotropic virus type-1 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 T-cell lymphotropic virus type-1 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 T-cell lymphotropic virus type-1' in clause 3;
- subsuming existing factors (a) to (e) into one factor 6(a) concerning being exposed to human T-cell lymphotropic virus type-1;
- new definitions of "a specified body substance", "being exposed to human T-cell lymphotropic virus type-1", "death from human T-cell lymphotropic virus type-1", "ICD-10-AM code", and "terminal event" in clause 9;
- revising definition of "relevant service" in clause 9;
- deleting definitions of "blood product injection", "body fluids", "clinical evidence of infection with human T-cell lymphotropic virus type-1", "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 T-cell lymphotropic virus type-1 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 T-cell lymphotropic virus type-1 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. 8 of 2010, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the issue of human T-cell lymphotropic virus type-1 (HTLV-1) and its connection to particular kinds of military service. This legislative instrument was introduced by the Repatriation Medical Authority (the Authority) following the revocation of Instrument No. 52 of 1996, which had previously dealt with HTLV-1. The Authority determined this new Statement of Principles based on the available medical-scientific evidence, indicating a more probable than not relationship between HTLV-1, death from HTLV-1, and specific military service circumstances. The objective of this instrument is to establish clear criteria for determining liability for HTLV-1 contracted or death from HTLV-1 related to military service, thereby ensuring that affected veterans and their families can access appropriate compensation and rehabilitation services.
Scope and Application
The Repatriation Medical Authority Instrument No. 8 of 2010, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), governs the circumstances under which claims for compensation related to human T-cell lymphotropic virus type-1 (HTLV-1) can be accepted. This instrument applies to veterans and current or former members of the Australian Defence Force who may have contracted HTLV-1 during eligible war service, defence service, or peacetime service. The legislation specifies the factors that must exist and be related to the service rendered for a claim to be substantiated, effectively replacing the previously revoked Instrument No. 52 of 1996. The new instrument, which has a national jurisdictional reach, incorporates changes such as updated definitions and revised formats, ensuring clarity and consistency with the commencement of the MRCA. While the Authority considered various submissions during the investigation, no submissions were received for the finalisation of this instrument. The instrument is applicable to claims for compensation that commenced on 1 July 2004, as per the MRCA, and is determined by the Military Rehabilitation and Compensation Commission based on the Statements of Principles issued by the Authority.
Key Provisions
The Repatriation Medical Authority (RMA), exercising its powers under the Veterans’ Entitlements Act 1986 (VEA), has issued a new instrument concerning human T-cell lymphotropic virus type-1 (HTLV-1). This new instrument, numbered 8 of 2010, replaces the previous Instrument No. 52 of 1996, and sets out a Statement of Principles regarding the connection between HTLV-1 and specific kinds of military service. These principles articulate the factors that must be present to establish a link between HTLV-1 or death from HTLV-1 and certain categories of service under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The new instrument reflects the latest format adopted in 2005 and includes updates to definitions and terminology, while maintaining the core content of the previous instrument. The determination of this instrument concludes an investigation into HTLV-1 that was initiated in June 2008 and advertised in the Government Notices Gazette.
The new Statement of Principles imposes specific requirements on the parties involved, particularly those who may seek compensation for HTLV-1 related to their military service. Claimants must demonstrate that their HTLV-1 or death from HTLV-1 is connected to their service under the criteria outlined in the Statement of Principles. This involves proving exposure to HTLV-1 during their service and establishing the requisite link to the service categories defined in the Act. The Authority has clarified the definition of 'relevant service' to include eligible war service, defence service, and peacetime service, each of which must meet certain conditions to establish a connection to HTLV-1. Claimants must provide evidence that satisfies these criteria to be considered for compensation under the VEA and MRCA.
Failure to comply with the requirements set out in the new Statement of Principles may have legal consequences for those seeking compensation. The Acts do not explicitly outline specific offences, penalties, or consequences for non-compliance with the Statement of Principles. However, the RMA has the authority to review and assess claims against the criteria established in the Statement of Principles. If a claimant's evidence does not meet the specified conditions, their claim may be rejected, and they may not be eligible for compensation. The legal recourse for claimants who believe their claim was unfairly assessed would typically involve appealing the decision to a higher authority within the framework of the VEA and MRCA, rather than facing specific criminal or civil penalties under this instrument.