REPATRIATION MEDICAL AUTHORITY
INSTRUMENT NO. 28 of 2011
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. 104 of 1996, determined under subsection 196B(3) of the VEA concerning irritable bowel syndrome.
2. The Authority is of the view that on the sound medical-scientific evidence available it is more probable than not that irritable bowel syndrome and death from irritable bowel syndrome 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. 28 of 2011 concerning irritable bowel syndrome. 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, irritable bowel syndrome or death from irritable bowel syndrome is connected with the circumstances of that service.
5. This Instrument results from an investigation notified by the Authority in the Government Notices Gazette of 25 June 2008 concerning irritable bowel syndrome 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 this Instrument are in similar terms as the revoked Instrument. Comparing this Instrument and the revoked Instrument, 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 'irritable bowel syndrome' in clause 3;
- revising factors 6(a) & 6(c) concerning 'a specified psychiatric condition';
- revising factors 6(b) & 6(d) concerning 'an episode of severe diarrhoea';
- new definitions of 'death from irritable bowel syndrome', 'ICD-10-AM code' and 'terminal event' in clause 9;
- revising definitions of 'a specified psychiatric condition', 'an episode of severe diarrhoea' and 'relevant service' 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 irritable bowel syndrome in the Government Notices Gazette of 25 June 2008, 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 Instrument finalises the investigation in relation to irritable bowel syndrome as advertised in the Government Notices Gazette of 25 June 2008.
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. 28 of 2011, enacted under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), addresses the issue of irritable bowel syndrome (IBS) in veterans and service personnel. This instrument revokes the previous Instrument No. 104 of 1996 concerning IBS, reflecting the Authority’s updated medical-scientific evidence that suggests a probable connection between IBS and certain types of military service. The primary objective is to provide a revised framework for determining liability and compensation claims related to IBS under the VEA and MRCA. The Authority's decision to revise the Statement of Principles was informed by an extensive review of available medical-scientific evidence and follows an investigation announced in the Government Notices Gazette on 25 June 2008. This instrument, which adopts the latest revised format and includes several updates to definitions and factors, aims to clarify the criteria for linking IBS to military service and streamline the process for compensation claims.
Scope and Application
The Repatriation Medical Authority Instrument No. 28 of 2011 under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004 pertains to irritable bowel syndrome (IBS) and its connection to military service, replacing the previous Instrument No. 104 of 1996. This legislative instrument applies to veterans and service personnel who have served in eligible war service, defence service, or peacetime service as defined under the Acts, and who have contracted IBS or died from it. The new Statement of Principles, which sets out the necessary conditions for establishing a connection between IBS and specific service circumstances, governs claims for compensation regarding IBS that arose on or after 1 July 2004. The Authority's determination is based on sound medical-scientific evidence and follows an investigation into IBS, which was notified in the Government Notices Gazette on 25 June 2008. The Instrument delineates the conditions under which IBS can be related to military service, providing a structured framework for evaluating claims related to this condition.
Key Provisions
The Repatriation Medical Authority (the Authority) has revoked Instrument No. 104 of 1996 concerning irritable bowel syndrome, as outlined in subsection 196B(8) of the Veterans' Entitlements Act 1986 (VEA). This revocation is based on the Authority's determination, under subsection 196B(3) of the VEA, that irritable bowel syndrome and death from irritable bowel syndrome are more likely than not related to particular kinds of service, supported by sound medical-scientific evidence. In its place, the Authority has established a new Statement of Principles, Instrument No. 28 of 2011. This new Instrument specifies the conditions under which irritable bowel syndrome or death from the condition can be considered connected to eligible war service, defence service, or peacetime service. These services are defined under the VEA and the Military Rehabilitation and Compensation Act 2004 (MRCA).
The obligations imposed by the Act include the requirement for the Authority to determine Statements of Principles that outline the factors necessary to establish a connection between service and irritable bowel syndrome. This process involves reviewing medical-scientific evidence and consulting with relevant organisations and experts. For compensation claims under section 319 of the MRCA, the Military Rehabilitation and Compensation Commission must reference the Statements of Principles issued by the Authority. This ensures that any claim for compensation related to irritable bowel syndrome is assessed based on the criteria established in the Statement of Principles. Additionally, the Authority must make the medical-scientific evidence and references supporting the Statement of Principles available to relevant persons and organisations upon request.
Breaching the requirements set out in the Veterans' Entitlements Act 1986 or the Military Rehabilitation and Compensation Act 2004 can lead to various civil and criminal consequences. While the explanatory notes do not detail specific penalties, breaches of these Acts can result in fines, imprisonment, or other legal actions as prescribed by the respective legislation. The severity of the penalties may vary depending on the nature and extent of the breach, but they serve to uphold the integrity of the compensation and rehabilitation processes for veterans and service personnel.