REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 25 of 2009
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. 168 of 1995 determined under subsection 196B(2) of the VEA concerning immersion foot.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that immersion foot and death from immersion foot 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. 25 of 2009 concerning immersion foot. 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 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 immersion foot or death from immersion foot, with the circumstances of that service.
5. This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 2 May 2007 concerning immersion foot 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 'immersion foot' in clause 3;
- revising factor 6(a) concerning 'moisture and non-freezing temperatures';
- new definitions of 'death from immersion foot', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- deleting definition of 'ICD code'; 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 immersion foot in the Government Notices Gazette of 2 May 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.
9. The determining of this new instrument finalises the investigation in relation to immersion foot as advertised in the Government Notices Gazette of 2 May 2007.
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. 25 of 2009 is an amendment to the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA). This instrument addresses the issue of immersion foot, a condition related to particular kinds of service, by replacing a previously revoked Statement of Principles. The Authority determined that there is sufficient medical-scientific evidence to link immersion foot and death from immersion foot with specific types of service. The instrument outlines the factors that must exist for a reasonable hypothesis to connect immersion foot or death from immersion foot with the service rendered. The new instrument revises the definition of 'immersion foot' and includes new definitions such as 'death from immersion foot', 'ICD-10-AM code', 'relevant service' and 'terminal event'. This instrument was developed following an investigation into immersion foot and reflects the latest revised Instrument format. The instrument aims to clarify the Statement of Principles for both the VEA and the MRCA, ensuring that claims for compensation are determined by the Military Rehabilitation and Compensation Commission based on these principles.
Scope and Application
The Repatriation Medical Authority (the Authority) has issued Instrument No. 25 of 2009, under the Veterans' Entitlements Act 1986 (VEA), concerning immersion foot, which replaces the previously revoked Instrument No. 168 of 1995. This Instrument is intended to address claims related to immersion foot and death from immersion foot, with a focus on the sound medical-scientific evidence indicating its relation to specific service conditions. The Statement of Principles set out in this new Instrument outlines the minimum factors that must exist and be connected to the relevant service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, before a reasonable hypothesis can be made connecting immersion foot or death from immersion foot with the service circumstances. Claims for compensation regarding injuries or diseases sustained or contracted on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission, which refers to Statements of Principles issued by the Authority. The Authority conducted an investigation concerning immersion foot, as notified in the Government Notices Gazette of 2 May 2007, and this new Instrument incorporates the latest revised format and clarifies its application under both the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
Key Provisions
The key operative sections of this legislation concern the Repatriation Medical Authority's determination of a Statement of Principles regarding immersion foot, as outlined in Instrument No. 25 of 2009. This instrument replaces the previously revoked Instrument No. 168 of 1995 (section 2). The Authority has established this new instrument based on its view that there is sound medical-scientific evidence linking immersion foot and death from immersion foot with particular types of military service (section 2). The new instrument specifies the factors that must exist and be related to certain service types, including operational, peacekeeping, hazardous, warlike, and non-warlike services, to establish a reasonable hypothesis connecting immersion foot or death from immersion foot with the service circumstances (section 4). The Authority has made several changes to the instrument format, including adopting the latest revised format, deleting the ICD code from the header, and revising definitions and factors concerning immersion foot and related conditions (sections 6 and 7).
The Act imposes specific obligations on the parties involved. The Repatriation Medical Authority is required to determine Statements of Principles for certain service-related conditions, such as immersion foot, based on sound medical-scientific evidence (section 2). The Authority must advertise its intention to undertake an investigation in the Government Notices Gazette and invite submissions from relevant organisations and experts (section 8). Claims for compensation related to service injuries, diseases, or deaths on or after 1 July 2004 are determined by the Military Rehabilitation and Compensation Commission, using the Statements of Principles issued by the Authority (section 3). Any person or organisation referred to in subsection 196E(1)(a) to (c) of the VEA can request a list of references relating to the condition from the Authority (section 10).
There are no specific offences, penalties, or consequences outlined in this legislation for breach of its provisions. However, the Authority's determination of the Statement of Principles is crucial in establishing the eligibility of veterans and service personnel for compensation related to immersion foot or death from immersion foot. Failure to adhere to the requirements and procedures outlined in the legislation may result in disputes or challenges to compensation claims. Additionally, the Authority's failure to properly investigate and determine the Statement of Principles could lead to potential legal challenges or appeals by affected parties.