REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 6 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. 108 of 1995 of 8 March 1995, determined under subsection 196B(3) of the VEA concerning Huntington's chorea and death from Huntington's chorea.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not 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(3) of the VEA a Statement of Principles, Instrument No. 6 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 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, Huntington's chorea or death from Huntington's chorea 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 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. 6 of 2007, enacted in 2007, addresses the medical condition known as Huntington's chorea and its relation to military service under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. The Authority, acting under the authority of the VEA, determined a Statement of Principles to clarify the connection between Huntington's chorea and specific kinds of military service, thereby replacing the previously revoked Instrument No. 108 of 1995. This instrument outlines the medical and service-related criteria necessary to establish a link between Huntington's chorea and service, thus guiding the assessment of compensation claims. The policy objective is to ensure that eligible veterans receive appropriate recognition and compensation for service-related conditions based on sound medical-scientific evidence.
Scope and Application
The Repatriation Medical Authority Instrument No. 6 of 2007, under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, pertains to the conditions of Huntington's chorea and death from Huntington's chorea in the context of service rendered by individuals. This legislative instrument applies to veterans and service personnel who have rendered eligible war service, defence service, or peacetime service and who may have contracted Huntington's chorea or died from it. It specifically outlines the factors that must exist and be related to the service circumstances for the condition to be considered connected to service on the balance of probabilities. This instrument revokes the previous Instrument No. 108 of 1995 concerning Huntington's chorea, reflecting updated medical-scientific evidence and the latest revised Instrument format. It applies nationally in Australia and is intended for use by the Military Rehabilitation and Compensation Commission in determining claims for compensation under the Military Rehabilitation and Compensation Act 2004. The Authority has provided for public consultation during its investigation, although no submissions were received for this particular instrument.
Key Provisions
The Repatriation Medical Authority, under section 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 108 of 1995 concerning Huntington's chorea and death from Huntington's chorea, and has issued a new instrument, No. 6 of 2007 (subsection 196B(3) of the VEA). This new instrument replaces the previous one, reflecting updated medical-scientific evidence that suggests a probable connection between Huntington's chorea, death from Huntington's chorea, and certain kinds of service. The Statement of Principles outlined in this instrument lists the factors that must exist and be related to specific service types to establish a connection with Huntington's chorea or death from it, on the balance of probabilities.
The new instrument imposes obligations on parties involved in claims related to Huntington's chorea under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). For claims concerning service injuries, diseases, or deaths on or after 1 July 2004, the Military Rehabilitation and Compensation Commission must determine liability by referring to Statements of Principles issued by the Authority under the VEA. The Authority has determined these principles after examining the sound medical-scientific evidence available and inviting submissions from relevant organisations and individuals. The instrument specifies the types of service that must be considered, such as eligible war service, defence service, and peacetime service.
Failure to comply with the requirements set out in the new instrument could lead to various consequences, including legal challenges to the validity of claims or determinations made under the VEA and MRCA. However, the explanatory notes do not explicitly detail specific offences, penalties, or consequences for breach. It is understood that adherence to the new Statement of Principles is critical for the proper assessment and determination of claims related to Huntington's chorea. Given that the new instrument is designed to align with the latest legislative framework and medical understanding, any non-compliance could potentially lead to disputes that may be resolved through the courts, with the maximum penalties depending on the specific legal context in which the breach occurs.