REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 12 OF 2008
VETERANS’ ENTITLEMENTS ACT 1986
MILITARY REHABILITATION AND COMPENSATION ACT 2004
EXPLANATORY NOTES FOR TABLING
- The Repatriation Medical Authority (the Authority) has determined, under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (the VEA) the attached Instrument No. 12 of 2008.
2. This instrument amends Statement of Principles Instrument No. 36 of 2003, as amended by Instrument No. 4 of 2004, concerning hypertension , determined under subsection 196B(3) of the VEA, by:
- deleting ICD-10-AM codes I11, I12 and I13 from clause 2(c); and
- replacing factors 5(b) and 5(o) concerning 'consuming alcohol'.
3. The Instrument specifies a date of effect for the Instrument in accordance with sub-section 12(1)(a) of the Legislative Instruments Act 2003.
4. Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to hypertension in the Government Notices Gazette of 12 September 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.
5. The determining of this new instrument finalises the investigation in relation to hypertension as advertised in the Government Notices Gazette of 12 September 2007.
6. 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. 12 of 2008 amends Statement of Principles Instrument No. 36 of 2003, concerning hypertension, under the Veterans’ Entitlements Act 1986. This legislative instrument was enacted to refine the criteria for veterans’ entitlements related to hypertension by removing certain International Classification of Diseases (ICD-10-AM) codes and modifying factors related to alcohol consumption. The Repatriation Medical Authority determined this instrument following an investigation into hypertension announced in the Government Notices Gazette of 12 September 2007, during which no submissions were received. The Authority's objective in making these amendments was to ensure that the entitlements for veterans suffering from hypertension are both accurate and reflective of the latest medical understanding, thereby addressing any gaps in the existing criteria.
Scope and Application
This Instrument No. 12 of 2008, made by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains to Statement of Principles Instrument No. 36 of 2003, as amended by Instrument No. 4 of 2004, concerning hypertension. The Instrument revises the diagnostic criteria for hypertension, specifically by removing certain ICD-10-AM codes from clause 2(c) and modifying factors related to alcohol consumption in clauses 5(b) and 5(o). This adjustment is intended to refine the eligibility criteria for veterans and service personnel seeking benefits related to hypertension. The Authority, having advertised its intention to investigate this condition in the Government Notices Gazette of 12 September 2007, determined the new instrument after considering the implications of the amendments. The changes outlined in this Instrument become effective as specified in accordance with the Legislative Instruments Act 2003. No submissions were received during the investigation phase, and the Authority has finalised the investigation with this determination.
Key Provisions
The Repatriation Medical Authority Instrument No. 12 of 2008 amends Statement of Principles Instrument No. 36 of 2003 concerning hypertension. Specifically, section 2(c) of the Instrument deletes ICD-10-AM codes I11, I12, and I13, and modifies factors 5(b) and 5(o) that pertain to the consumption of alcohol. These changes were determined under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA). The Instrument outlines its effective date in line with sub-section 12(1)(a) of the Legislative Instruments Act 2003.
The obligations imposed by this Act primarily involve the Repatriation Medical Authority, which must undertake investigations into specific conditions as advertised, such as hypertension. In this case, the Authority advertised its intention to investigate in the Government Notices Gazette on 12 September 2007. The Authority is also required to solicit submissions from relevant parties, including the Repatriation Commission, organisations representing veterans, and individuals with expertise in the relevant field. The Authority is mandated to consider these submissions in determining the Statement of Principles.
There are no explicit offences, penalties, or consequences for breaches of this Instrument mentioned in the explanatory statement. However, the legislative framework within which this Instrument operates, including the VEA and the Legislative Instruments Act 2003, likely includes provisions for enforcement and penalties for non-compliance with legislative instruments. These may include administrative, civil, or criminal penalties depending on the nature and severity of the breach.