REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 5 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. 107 of 1995 of 8 March 1995, determined under subsection 196B(2) of the VEA concerning Huntington's chorea and death from Huntington's chorea.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that Huntington's chorea and death from Huntington's chorea 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. 5 of 2007 concerning Huntington's chorea. 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 Huntington's chorea or death from Huntington's chorea, 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 Huntington's chorea 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 'Huntington's chorea' in clause 3;
- deleting the definition of 'ICD code';
- including new definitions of 'death from Huntington's chorea'; 'ICD-10-AM code'; 'relevant service'; and 'terminal event', in clause 6; and
- specifying a date of effect for the Instrument in clause 8.
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 Huntington's chorea 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 Huntington's chorea 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. 5 of 2007, enacted under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, addresses the medical condition known as Huntington's chorea and death resulting from this condition, in relation to military service. This instrument was introduced to provide a revised framework for determining the connection between these conditions and various kinds of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The objective is to ensure that veterans and service personnel can seek compensation or rehabilitation benefits when there is sufficient medical-scientific evidence linking their condition to their service. The Authority conducted an investigation, advertised in the Government Notices Gazette of 15 June 2005, and determined this new instrument to replace the previous one, clarifying the requirements and definitions relevant to claims under both the Veterans’ Entitlements Act and the Military Rehabilitation and Compensation Act.
Scope and Application
The Repatriation Medical Authority, under the Veterans’ Entitlements Act 1986, has issued Instrument No. 5 of 2007, which revokes the previous Instrument No. 107 of 1995 concerning Huntington's chorea. This new instrument establishes a Statement of Principles that outlines the factors necessary to connect Huntington's chorea or death from Huntington's chorea with specific types of military service, including operational, peacekeeping, hazardous, warlike, and non-warlike service. The Authority's decision is based on sound medical-scientific evidence and aims to provide clarity and consistency in the assessment of claims for compensation related to these conditions. The new Instrument is applicable to claims for service injuries, diseases, or deaths occurring on or after 1 July 2004, in line with the Military Rehabilitation and Compensation Act 2004. This legislative instrument applies to individuals who have rendered the specified types of service and their dependants, who may be seeking compensation under the relevant Acts. The changes in the new Instrument include the adoption of the latest format, revision of definitions, and specification of the effective date, ensuring that the process for assessing claims is updated and in accordance with current legislative frameworks.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 107 of 1995 concerning Huntington's chorea and death from Huntington's chorea, and in its place, has issued a new Instrument No. 5 of 2007 (section 2). This new Instrument, determined under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the VEA), provides a Statement of Principles that identifies the minimum factors necessary to establish a reasonable hypothesis that Huntington's chorea or death from Huntington's chorea is related to specific types of service, including operational, peacekeeping, and hazardous service under the VEA, and warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (the MRCA) (section 4). The new Instrument adopts the latest revised format, omitting the ICD code from the header and including updated definitions for terms such as 'Huntington's chorea', 'death from Huntington's chorea', and'relevant service' (section 6).
The Authority has an obligation to consider sound medical-scientific evidence when determining whether a condition like Huntington's chorea can be related to military service (section 2). The process involves advertising its intention to investigate in the Government Notices Gazette and inviting submissions from relevant organisations and experts (section 8). In this instance, no submissions were received (section 9). The Statement of Principles serves to guide the Military Rehabilitation and Compensation Commission in determining claims for compensation made under section 319 of the MRCA, which concern injuries sustained, diseases contracted, or deaths occurring on or after 1 July 2004 (section 3).
The consequences for non-compliance with the provisions of the new Instrument are not explicitly detailed in the explanatory notes. However, under the VEA and the MRCA, failure to adhere to the established Statements of Principles could potentially lead to the rejection of compensation claims. The exact nature and extent of penalties for non-compliance are not specified within the provided text but would typically involve legal proceedings to challenge the decision or seek judicial review. The Authority's determination of the Statement of Principles is intended to provide clarity and consistency in the assessment of claims related to Huntington's chorea and ensure that claimants receive fair consideration based on the current medical-scientific understanding.