REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 58 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. 267 of 1995 determined under subsection 196B(2) of the VEA concerning influenza.
2. The Authority is of the view that there is sound medical-scientific evidence that indicates that influenza and death from influenza 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. 58 of 2009 concerning influenza. 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 influenza or death from influenza, 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 influenza 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 'influenza' in clause 3;
- revising factor 6(a) concerning 'influenza virus';
- new definitions of 'death from influenza', 'ICD-10-AM code', 'relevant service' and 'terminal event' in clause 9;
- revising definition of 'influenza virus' 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 influenza 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 influenza 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. 58 of 2009 is an instrument made under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. This instrument aims to address the problem of claims relating to influenza and death from influenza in the context of service rendered by individuals. The Authority, acting under the provisions of the Veterans' Entitlements Act, revoked an earlier instrument concerning influenza and introduced this new instrument based on the latest medical-scientific evidence. The policy objective is to ensure that claims for compensation are assessed according to the most current and reliable medical information, thereby providing a fair and accurate process for affected individuals. The Authority conducted an investigation and invited submissions from relevant parties before finalising the new instrument, which reflects the commencement of the Military Rehabilitation and Compensation Act and updates the format and definitions to align with current practices.
Scope and Application
The Repatriation Medical Authority (the Authority), under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 267 of 1995 concerning influenza and has issued a new Statement of Principles, Instrument No. 58 of 2009, in its place. This new instrument applies to claims related to influenza and death from influenza that are connected to particular kinds of service, including operational, peacekeeping, hazardous, warlike, and non-warlike service, as defined under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Authority has determined this Statement of Principles to replace the revoked instrument based on the sound medical-scientific evidence available, which indicates a connection between influenza and certain service circumstances. The instrument governs the criteria for acceptance of liability for service injuries, diseases, and deaths on or after 1 July 2004, and it applies to both the VEA and the MRCA. The Authority has also made changes to the format of the instrument to align with the MRCA and to clarify its application under both acts.
Key Provisions
The Repatriation Medical Authority, under subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA), has revoked Instrument No. 267 of 1995 which concerned influenza. In its place, the Authority has issued Instrument No. 58 of 2009, a Statement of Principles regarding influenza, which will replace the revoked instrument (section 2). This new instrument sets out the minimum factors that must exist to reasonably connect influenza or death from influenza with particular kinds of service, such as operational, peacekeeping, or hazardous service under the VEA, or warlike and non-warlike service under the Military Rehabilitation and Compensation Act 2004 (MRCA) (section 4). The instrument was developed following an investigation notified in the Government Notices Gazette of 2 May 2007 and incorporates the latest revised Instrument format, updated definitions, and other minor changes to align with current legislative requirements (sections 5, 6, 7).
Under this Act, the Repatriation Medical Authority has specific obligations to determine and publish Statements of Principles that detail the medical conditions and service factors relevant to veterans’ claims. The Authority must ensure these Statements are based on sound medical-scientific evidence and reflect the latest understanding of the conditions in question (section 2). Additionally, the Authority must advertise its intention to investigate and determine such Statements, inviting submissions from relevant organisations and individuals, although no submissions were received in this instance (section 8). The Authority must also clarify that the new Statement of Principles applies for both the VEA and the MRCA, as per subsection 196B(3A) of the VEA (section 7).
For the parties governed by this Act, particularly claimants and the Repatriation Medical Authority, the obligations are clear. Claimants must ensure that their claims for compensation related to influenza or death from influenza meet the factors outlined in the new Statement of Principles. This includes providing evidence that links their condition to the specified kinds of service. The Repatriation Medical Authority, on the other hand, is required to evaluate these claims based on the criteria set out in the Statement of Principles and make determinations accordingly. Any decision by the Authority can be reviewed, and claimants have the right to seek such reviews if they believe their claims have not been properly assessed (section 4).
The Act does not explicitly outline specific offences or penalties for breaches within the context of these Statements of Principles. However, the broader legislative framework under which these instruments operate, including the VEA and the MRCA, does provide for potential civil or criminal consequences for fraudulent claims or misrepresentation of facts. Penalties for such offences can include fines and imprisonment, depending on the severity of the breach and the specific provisions of the VEA or MRCA that are contravened. The maximum penalties for fraud under the VEA can include substantial fines and imprisonment for up to five years (section 196L(3)). The specific penalties for breaches related to these Statements of Principles would need to be considered within the context of the overarching Acts.