Statement of Principles concerning inguinal hernia No. 5 of 2005

Administered by Department of Veterans' Affairs

Legislation au F2005L00401 Not in force Legislative Instrument

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REPATRIATION MEDICAL AUTHORITY

 

INSTRUMENT NO. 5 of 2005

 

VETERANS’ ENTITLEMENTS ACT 1986

MILITARY REHABILITATION AND COMPENSATION ACT 2004

 

EXPLANATORY NOTES FOR TABLING

 

 

  1. The Repatriation Medical Authority (‘the Authority’), under subsection 196B(8) of the Veterans’ Entitlements Act 1986 (‘the VEA’) revokes Instrument No. 72 of 1998 of 13 October 1998, determined under subsection 196B(2) of the VEA concerning inguinal hernia and death from inguinal hernia.

 

2.             The Authority is of the view that there is sound medical-scientific evidence that indicates that inguinal hernia and death from inguinal hernia 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. 5 of 2005 concerning inguinal hernia.  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 inguinal hernia or death from inguinal hernia, with the circumstances of that service.

 

5.             This new instrument results from an investigation notified by the Authority in the Government Notices Gazette of 16 April 2003 concerning inguinal hernia 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 2003;
  • deleting the ICD code from the Instrument header;
  • changing the definition of ‘inguinal hernia’ in clause 2;
  • new factors 5(b) and (d) relating to radical retropubic prostatectomy;
  • deleting the definition of ‘ICD-9-CM code’ in clause 8;
  • revising the definition of ‘increased intra-abdominal pressure’ and ‘relevant service’ in clause 8;
  • including new definitions of ‘anti-G straining manoeuvre (AGSM)’ and ‘ICD-10-AM code’ in clause 8; and
  • specifying a date of effect for the Instrument in clause 10.

 

7.             Further changes to the format and wording 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.             The Instrument incorporates by reference The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), effective date of 1 July 2004, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 594 1. This publication is available for purchase from the National Centre for Classification in Health, The University of Sydney, PO Box 170, Lidcombe NSW 1825.

 

9.             Prior to determining this instrument, the Authority advertised its intention to undertake an investigation in relation to inguinal hernia in the Government Notices Gazettes of 16 April 2003, 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.

 

10.         Following the commencement of the MRCA, the Authority published a “Further Notice of Investigations” in the Government Notices Gazette of 14 July 2004, extending the closing date for submissions in relation to the above mentioned investigation until 10 September 2004. The Authority again invited submissions from the Repatriation Commission, organisations and persons referred to in section 196E of the VEA (who include persons eligible to make a claim under the MRCA), as well as the Military Rehabilitation and Compensation Commission and any person having expertise in the field. One submission was received and considered by the Authority during the investigation.

 

11.         The determining of this new instrument finalises the investigation in relation to inguinal hernia as advertised in the Government Notices Gazettes of 16 April 2003.

 

12.         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. 5 of 2005, under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), was enacted to address the issue of inguinal hernia and related deaths being connected to specific military service conditions. This legislation was introduced to replace the previous Instrument No. 72 of 1998, which had been revoked due to new medical-scientific evidence regarding inguinal hernia. The Authority determined a new Statement of Principles to reflect the latest evidence and to cater for claims under the MRCA, which commenced on 1 July 2004. The new instrument aims to outline the minimum factors required to establish a connection between inguinal hernia or death from inguinal hernia and certain military service types, including operational, peacekeeping, hazardous, warlike, and non-warlike service. This legislative change was achieved following an investigation and public consultation process, culminating in the finalisation of the investigation as notified in the Government Notices Gazette of 16 April 2003.

Scope and Application

The Repatriation Medical Authority Instrument No. 5 of 2005 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 outlines the determination of a new Statement of Principles concerning inguinal hernia. This new instrument replaces the previously revoked Statement of Principles, reflecting updated medical-scientific evidence indicating a relationship between inguinal hernia, death from inguinal hernia, and particular types of service rendered. The new Statement of Principles applies to operational, peacekeeping, and hazardous service under the Veterans' Entitlements Act, as well as warlike and non-warlike service under the Military Rehabilitation and Compensation Act. These provisions govern the factors that must be present to establish a connection between inguinal hernia or death from inguinal hernia and the service circumstances. The Authority has determined these factors to facilitate compensation claims for veterans who have sustained such conditions post-1 July 2004. The Instrument incorporates the International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification, effective from 1 July 2004. The Authority's determination process included advertising the investigation in the Government Notices Gazette and inviting submissions from relevant organisations, persons, and experts, with the finalisation of this instrument marking the conclusion of the investigation into inguinal hernia.

Key Provisions

The Repatriation Medical Authority, pursuant to section 196B(8) of the Veterans’ Entitlements Act 1986, has revoked Instrument No. 72 of 1998 concerning inguinal hernia and death from inguinal hernia. This revocation is accompanied by the issuance of a new Statement of Principles, Instrument No. 5 of 2005, which aims to provide a comprehensive framework for connecting inguinal hernia or death from inguinal hernia to specific types of service. This new instrument addresses the medical-scientific evidence indicating a relationship between inguinal hernia, death from inguinal hernia, and particular kinds of service, such as operational, peacekeeping, hazardous, warlike, and non-warlike service (subsection 196B(2)). This Statement of Principles, established under the Veterans’ Entitlements Act 1986, will replace the previous revoked instrument. The Statement of Principles sets out the minimum factors that must exist and be related to the types of service mentioned, to establish a reasonable hypothesis connecting inguinal hernia or death from inguinal hernia with the circumstances of service. The determination of these factors is crucial for claims under section 319 of the Military Rehabilitation and Compensation Act 2004, which governs claims for compensation for service injuries, diseases, or deaths occurring on or after 1 July 2004. These claims are assessed by the Military Rehabilitation and Compensation Commission, using the Statements of Principles issued by the Authority in accordance with the Veterans’ Entitlements Act 1986. The Authority has outlined specific obligations and requirements for the parties involved, including a thorough examination of the available sound medical-scientific evidence, inviting submissions from relevant stakeholders such as the Repatriation Commission, organisations representing veterans and service personnel, and the Military Rehabilitation and Compensation Commission. The Authority has also extended the submission deadline for the investigation to allow for comprehensive input on the issue. The new instrument reflects the latest revised format and incorporates the International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM) as of 1 July 2004. The new Instrument No. 5 of 2005 includes several key changes, such as adopting the latest revised Instrument format, deleting the ICD code from the Instrument header, changing the definition of 'inguinal hernia', and introducing new definitions for 'anti-G straining manoeuvre (AGSM)' and 'ICD-10-AM code'. It also specifies a date of effect for the Instrument and clarifies that the Statement of Principles has been determined for the purposes of both the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004. Additionally, the Authority has adopted the latest ICD-10-AM classification, which is effective from 1 July 2004, to ensure the accuracy and relevance of the medical criteria. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument itself. However, failure to comply with the requirements of the Veterans’ Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004, including the submission of false or misleading information, could result in legal consequences under those Acts. The Authority ensures that the Statement of Principles is determined fairly and transparently, considering all relevant submissions and evidence, to support the legitimate claims of veterans and service personnel.

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