REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 59 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. 268 of 1995 determined under subsection 196B(3) of the VEA concerning influenza.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that influenza and death from influenza 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. 59 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 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, influenza or death from influenza 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 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. 59 of 2009 is an amendment to the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, designed to address the medical-scientific evidence concerning the relationship between influenza and certain types of service. This legislation was enacted to replace the previously revoked Instrument No. 268 of 1995, which also dealt with influenza but was determined to be outdated based on the latest evidence. The Repatriation Medical Authority, operating under the authority of the VEA, concluded that it is more probable than not that influenza and death from influenza can be related to particular kinds of service, thus necessitating a revised Statement of Principles. This new instrument clarifies the factors that must exist for influenza or death from influenza to be connected to the circumstances of service, and it aligns with the format and definitions updated since the commencement of the Military Rehabilitation and Compensation Act 2004.
Scope and Application
The Repatriation Medical Authority Instrument No. 59 of 2009, concerning influenza, applies to veterans, service personnel, and their dependants who are seeking compensation under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. It outlines the criteria and conditions necessary to establish a connection between influenza or death from influenza and particular kinds of service, including eligible war service, defence service, and peacetime service. This Instrument revokes the previous Instrument No. 268 of 1995, reflecting the latest medical-scientific evidence and updated definitions. The Authority's determination is made pursuant to subsection 196B(3) of the VEA, and it applies both nationally and to claims for compensation commenced on or after 1 July 2004, as per the MRCA. The Authority considered this new Instrument to finalise the investigation into influenza announced in the Government Notices Gazette of 2 May 2007, although no submissions were received during the investigation process.
Key Provisions
The Repatriation Medical Authority (the Authority) under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (VEA) has revoked Instrument No. 268 of 1995 concerning influenza. This revocation was made in light of the Authority's view that there is now a greater than 50% probability that influenza and death from influenza can be related to particular kinds of military service. This perspective is based on the sound medical-scientific evidence available to the Authority. Consequently, the Authority has issued a new Statement of Principles, Instrument No. 59 of 2009 concerning influenza. This new instrument will replace the revoked one and sets out the conditions under which it can be said that, on the balance of probabilities, influenza or death from influenza is connected with service circumstances.
The obligations imposed by the new Instrument No. 59 of 2009 include the requirement that the Statement of Principles must be adhered to when considering claims for compensation under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA). The Statement of Principles outlines the factors that must exist and must be related to eligible war service, defence service, and peacetime service before it can be determined that influenza or death from influenza is connected to the service. The Authority's determination is based on the sound medical-scientific evidence available, and it has specified that the new Instrument format, which commenced in 2005, will be used. The Authority also revised certain definitions and removed some outdated terms such as the ICD code. Additionally, the Authority advertised its intention to investigate and invited submissions from relevant parties, although none were received during the investigation.
There are no explicit offences, penalties, or consequences for breach mentioned in the explanatory notes. However, the Authority’s determination of the Statement of Principles is legally binding and must be adhered to by all parties when assessing claims under the VEA and the MRCA. Failure to comply with the Statement of Principles could potentially lead to disputes or legal challenges regarding the validity of claims for compensation related to influenza and death from influenza. Although the explanatory notes do not detail specific penalties, any breaches of the legal requirements set out in the VEA and MRCA could result in legal action or other consequences as prescribed by those Acts.